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:
Intact Privacy Office
700 University Avenue, Suite 1500-A
Toronto, Ontario M5G 0A1
Phone (toll free): 1 (866) 941-5094
Fax: (416) 941-5284
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 firstname.lastname@example.org. 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
If you no longer wish to participate in Crash assist, you may unenroll at any time through the app.
What is the Crash assist feature?
Crash Assist requires the use of data collected from my DriveTM and access to your mobile device’s location services. Features of Crash Assist may not work if you are no longer enrolled in my DriveTM or if the corresponding settings to allow the collection and sharing of information and location information are not enabled.
The data collected, used, and transferred by Crash Assist includes:
information we get directly from your smartphone’s instrumentation: such as global positioning system (GPS) time and location data, accelerometer data, gyroscope data, location services on/off data, screen on/off data, magnetometer data, barometer data and other smartphone or instrumentation data;
information you enter directly about detected trips in the Intact Insurance app application such as whether you were involved in a crash; and
technical information about your smartphone’s hardware or software such as: smartphone make and model, operating system version, software version, and other technical information relating to your smartphone.
(Collectively the “Collected Data”)
Crash Assist will periodically collect, access, and process Collected Data via your mobile device to detect your driving activity, your mobile device’s location, and movement patterns of your motor vehicle (e.g. swerving, abrupt stops, the speed of your motor vehicle, etc.).
Crash Assist may also collect this information for any motor vehicle that you are in, even if you are not the driver. By using Crash Assist in a motor vehicle, you represent and warrant that you are the driver and have consented, or that have obtained consent from the driver, to use Crash Assist’s driver protection features and to allow them to access and collect Collected Data.
When you use Crash Assist, it can detect motor vehicle collisions when you are in a motor vehicle and your mobile device is with you. Your mobile device must be powered on and properly functioning for Crash Detection to work. If a motor vehicle collision is detected, Crash Assist may prompt you to determine whether you need assistance, and it may provide you with the option to call 911. In the event of a motor vehicle collision, Crash Assist may transmit collision information to us and our third-party service providers.
While these features are designed to help you in the event of a motor vehicle collision, Crash Assist may not detect all motor vehicle collisions or provide any emergency assistance options, including but not limited to the option of placing a 911 call. In some cases, hardware limitations of your mobile device may prevent crash detection. Crash Detection may not detect all types of motor vehicle collisions, including, without limitation, low speed collisions and collisions that occur when your motor vehicle is parked or stopped.
Motor vehicle collisions may not be detected if your mobile device is located outside of your wireless service coverage area, if your mobile device is otherwise not connected to your wireless service provider’s network, or if your mobile device is otherwise unable to transmit and receive data over a mobile service provider’s data network. Crash Detection will not work if your mobile device is not connected to the internet via a data network. Other factors also may prevent accurate Crash Detection.
Use of Crash Assist or its features may use a significant amount of power from the battery of any mobile device that Crash Assist is installed on.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Crash Assist is NOT A REPLACEMENT FOR EMERGENCY SERVICES in the event of a serious motor vehicle collision, or one that involves an injury. In the event of such a collision, always dial 911 immediately, even if you are not provided with the option by Crash Assist.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE OPERATION, PERFORMANCE, AVAILABILITY, OR RESULTS OF CRASH ASSIST, INCLUDING (WITHOUT LIMITATION) THAT CRASH ASSIST WILL: SUCCESSFULLY DETECT MOTOR VEHICLE COLLISIONS, COMMUNICATE WITH YOU IN THE EVENT OF A MOTOR VEHICLE COLLISION, OR CONTACT ANY ROADSIDE ASSISTANCE SERVICE. THE NATURE OF CRASH ASSIST’S PERSONALIZED GUIDE IS PURELY INFORMATIVE AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE ACCURACY OR APPROPRIATENESS OF THE INFORMATION CONTAINED THEREIN FOR YOUR SPECIFIC SITUATION OR CIRCUMSTANCES. WE ARE NOT LIABLE FOR THE ACTIONS OR INACTIONS OF ANY USER, 911 CENTER, EMERGENCY RESPONDER, ROADSIDE ASSISTANCE PROVIDER, OR ANY OTHER THIRD PARTY.
These Terms and the Privacy Promise form the whole agreement between you and Intact concerning Weather Alerts.
CRASH ASSIST AND THESE TERMS DO NOT ADD, LIMIT, REMOVE, OR MODIFY COVERAGES ON YOUR AUTOMOBILE INSURANCE POLICY IN ANY WAY. ALL TERMS, LIMITS, CONDITIONS, EXCLUSIONS, DEFINITIONS AND PROVISIONS OF YOUR AUTOMOBILE INSURANCE POLICY CONTINUE TO APPLY AND HAVE FULL FORCE AND EFFECT.
If you no longer wish to participate in Weather Alerts, you may withdraw at any time through the app.
What is the Severe Weather Alerts Feature?
As the weather is difficult to predict, Intact wants to help you prepare and take the necessary precautions to protect what matters to you. We operate this feature with our partner, ClimaCell. Once you successfully set-up Weather Alerts within the app, you will receive push notifications when a specific address or Geolocation you choose to have monitored (a “Registered Address”) is under advisory. Weather Alerts will begin sending alerts as early as the date of activation and will stop when you withdraw.
Things to note
- Alerts will be based on the Registered Address(es) or Geolocation you enter in the app settings.
- Alerts will be sent when the ClimaCell company detects severe weather within approximately 3 km of your Registered Address(es) or current location, if location services are activated.
- Alerts may be sent up to 5 hours before severe weather reaches your Registered Address(es) or current location.
- Data charges may apply.
Information needed to operate the weather alerts.
To run Weather Alerts, we require you to provide certain information through the app. Some of this information may include personal information as defined by Canada’s federal and provincial privacy laws. This information will be used to operate and administer Weather Alerts and to develop, enhance, improve, and manage the products and services we provide.
Personal information required
- Name: To identify you for the purposes of operating and administering Weather Alerts.
- Registered Address(es) or Geolocation: To determine the locations for which you will receive alerts.
- Responses to alert ratings: To evaluate and measure the effectiveness of Weather Alerts, and to improve, market, and develop Weather Alerts and other products and services we provide.
Choice of Laws & Venue. These Terms shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, despite any conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario regarding all actions or other disputes relating to Weather Alerts and these Terms.
To participate in Weather Alerts, you're required to provide information about yourself. By submitting this information, you accept responsibility for its accuracy, appropriateness and legality for use in Weather Alerts. It may be distributed to ClimaCell to provide severe weather alerts.
This feature and all alerts are provided to you “as-is”, “with all faults” and are used at your 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 this feature or any severe weather alerts you may receive will be accurate, error-free or defect-free or that any inaccuracies, errors or defects will be corrected.
Severability & Survival
If any provision of these Terms or the Privacy Promise is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms and the Privacy Promise will remain in force.
No liability for Actions or Omissions
You understand and acknowledge that this feature and any severe weather alerts are for informational purposes only. ClimaCell and Intact shall not be liable for your reliance on the alerts, participation in Weather Alerts, or your actions or omissions taken due to the receipt, or non-receipt, of an alert.
These Terms and the Privacy Promise form the whole agreement between you and Intact concerning Weather Alerts.
WEATHER ALERTS AND THESE TERMS DO NOT ADD, LIMIT, REMOVE, OR MODIFY COVERAGES ON YOUR AUTOMOBILE INSURANCE POLICY IN ANY WAY. ALL TERMS, LIMITS, CONDITIONS, EXCLUSIONS, DEFINITIONS AND PROVISIONS OF YOUR AUTOMOBILE INSURANCE POLICY CONTINUE TO APPLY AND HAVE FULL FORCE AND EFFECT.