Terms of Use and Conditions of the TD Insurance Website

A. TD Insurance

B. General Terms

C. Use of website

D. Availability of Insurance Products

E. Insurance Products

F. Email Disclaimer

G. Trade-marks and Copyrights

H. General Insurance Sector Codes

I.  Final Provisions

J.  Terms and Conditions for TD Insurance mobile app & MyInsurance portal

K. TD Insurance My Advantage Application Terms and Conditions (Trial)

L. TD Insurance MyAdvantage Application Terms and Conditions (Registered Driver)

M. Photo Based Estimates



A. TD Insurance

Please read these terms of use and conditions carefully. By using and accessing this site, you acknowledge these terms of use and conditions and agree, without limitation or qualification, to be bound by them and by applicable laws.

For the purposes of this website:
"TD Bank Group" means The Toronto-Dominion Bank and its affiliates, who provide deposit, investment, loan, securities, trust, insurance and other products or services.

“TD Insurance” or "TDI" refers collectively to the following insurance companies:

  •   Security National Insurance Company
  •   Primmum Insurance Company
  •   TD General Insurance Company
  •   TD Home and Auto Insurance Company
  •   TD Life Insurance Company

And the following Agencies:

  •   Meloche Monnex Insurance and Financial Services Inc.
    Registered in Quebec in the discipline of Damage Insurance
    Registration No. 500144
    In Quebec, Meloche Monnex Insurance and Financial Services Inc. is a damage insurance agency that distributes exclusively all insurance products underwritten by Security National Insurance Company.
  •   TD Insurance Direct Agency Inc.
    Registered in Quebec in the discipline of Damage Insurance
    Registration No. 510618
    In Quebec, TD Insurance Direct Agency Inc. is a damage insurance agency that distributes exclusively all insurance products underwritten by Primmum Insurance Company.
  •   TD Assurance Agency Inc.
    Registered in Quebec in the discipline of Insurance of persons
    Registration No. 606569

    The Autorité des Marchés Financiers Register of firms authorized to practise: https://lautorite.qc.ca/en/general-public/registers/register-of-firms-and-individuals-authorized-to-practise/

"TD Insurance Meloche Monnex" refers to :

-the home and auto insurance program for Professionals and Alumni underwritten by Security National Insurance Company and distributed by Meloche Monnex Insurance and Financial Services Inc. in Québec, and TD Insurance Direct Agency Inc. in the rest of Canada.

-the home and auto insurance program for Employer Groups underwritten by Primmum Insurance Company and distributed by Meloche Monnex Insurance and Financial Services Inc. in Québec and TD Insurance Direct Agency Inc. in the rest of Canada.


B. General Terms

Information provided by TD Insurance and other sources on this Website is believed to be accurate and reliable when placed on this site, but we cannot guarantee it is accurate or complete or current at all times. Changes to the information, products or services described in this website may be made without updating this site to reflect such changes. We endeavour to keep the information posted at this site current. However information is subject to change at any time without notice to users and site may not immediately reflect such changes. Please contact us for confirmation before acting on any information or data. This website is presented on an "as is" basis only, for your reference. Internet software or transmission problems may download and display inaccurate or incomplete information.

The English and French language versions of our policies are the only official ones. Any and all contractual rights are determined with reference to those official versions. The additional language translations have been prepared, as a courtesy, to assist our non-English speaking or non-French speaking clients in following the English or French versions, as applicable. In the event of any conflict or ambiguity in the available translations and the English or French versions, the English or French version, as applicable, shall govern.


C. Use of Website

TD Insurance is not responsible in any manner for direct, indirect, special or consequential damages, however caused, arising out of your use of this Website and/or any web browser, including any damages you may suffer if you transmit confidential or sensitive information to us or if we communicate such information to you at your request over the Internet. Links to other websites from this Website are for convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content referred to or included on, or linked from or to this Website.

If users choose to access the site from outside Canada, they do so, on their own initiative and are responsible for compliance with applicable local, national, and international laws. Users must be aware of the laws of their countries of origin or that otherwise apply to them in relation to any of the matters described in these pages.

Users may not use, export, or re-export the information or any copy or adaptation in violation of any applicable laws or regulations, including export laws and regulations of Canada in force from time to time.


D. Availability of Insurance Products

The information on this site does not constitute an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make an offer or solicitation. The TD Insurance products and services are available only in those jurisdictions where they may be legally offered.

Due to provincial legislation, TD Insurance automobile coverage is not available in British Columbia, Manitoba or Saskatchewan.

Group insurance products are available exclusively to TD Bank Group customers.


E. Insurance Products

All insurance products are subject to conditions, limitations and exclusions, including where applicable a pre-existing condition exclusion, as more particularly described in the insurance policies and applicable legislation.

Home and Auto Insurance products are underwritten:

  • By Security National Insurance Company for members of professional and alumni groups and are distributed by Meloche Monnex Insurance and Financial Services Inc. in Quebec and TD Insurance Direct agency Inc. in the rest of Canada;
  • Throughout Canada by Primmum Insurance Company for members of employer groups and the Direct Market (except in Ontario) and are distributed by TD Insurance Direct Agency Inc.
  • In Ontario by TD General Insurance Company for the Direct Market and are distributed by TD Insurance Direct Agency Inc.
  • Throughout Canada by TD Home and Auto Insurance Company for the Direct Market (except in Ontario) and are distributed by TD Insurance Direct Agency Inc.


For Quebec only, specimens of the policies and endorsements available for purchase online can be found below:

Homeowner Policy

Condo Policy

Tenant Policy

Auto Insurance Policy (Q.P.F. No. 1 Owner's form)

Auto endorsements

Homeowner Endorsements

Condo Endorsements

Tenant Endorsements

The Wide Horizons Solution® and the Meloche Monnex Insurance plans are underwritten by TD Life Insurance Company (medical covered causes) and TD Home and Auto Insurance Company (non-medical covered causes). Medical and claim assistance, claim payment and administration services under the policy are provided by our Administrator.

TD Insurance group travel insurance products are underwritten by TD Life Insurance Company ("TD Life") and/or TD Home and Auto Insurance Company and offered by The Toronto-Dominion Bank. Medical and claims assistance, claims payment and administrative services are provided by the administrator described in the insurance policies.

TD Credit Card Payment Protection Plan products are underwritten by American Bankers Insurance Company of Florida and American Bankers Life Assurance Company of Florida (“ABLAC”) and TD Life and are offered by The Toronto-Dominion Bank. ABLAC acts as administrator for TD Life.

TD Accident and Sickness group and personal insurance plans are underwritten and administered by TD Life and offered by The Toronto-Dominion Bank.

TD Term Life Insurance is an individual life insurance plan underwritten by TD Life and distributed by TD Assurance Agency Inc.

Critical Illness Recovery Plan is an individual accident and sickness insurance plan underwritten by TD Life and distributed by TD Assurance Agency Inc.

All TD Insurance group creditor insurance products, other than Business Credit Life Insurance, are underwritten by The Canada Life Assurance Company and TD Life, and are administered by TD Life and offered by The Toronto-Dominion Bank.

Business Credit Life Insurance is underwritten by Sun Life Assurance Company of Canada and TD Life, and is administered by TD Life and offered by The Toronto-Dominion Bank.


F. Email disclaimer

Email communication including any information transmitted with it is intended only for the use of the addressee(s) and is confidential. If you are not an intended recipient or responsible for delivering the message to an intended recipient, any review, disclosure, conversion to hard copy, dissemination, reproduction or other use of any part of this communication is strictly prohibited, as is the taking or omitting of any action in reliance upon this communication. If you receive this communication in error or without authorization please notify us immediately by return e-mail or otherwise and permanently delete the entire communication from any computer, disk drive, or other storage medium.


G. Trade-marks and Copyrights

Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this Website may constitute trade names, registered or unregistered trade-marks or service marks ("Trade-marks") of The Toronto-Dominion Bank ("TD Bank"), other members of the TD Bank Group or of third parties and used under license by TD Bank or other members of the TD Bank Group. However, the display of Trade-marks on pages at this Website does not imply that any license has been granted to any third party.

All information in this Website is protected under the copyright laws of Canada and/or other countries. Users of this Website shall be entitled to copy any information for their own personal use but may not republish or reproduce any such information in any manner, including electronic reproduction by "uploading" or "downloading", without the prior written consent of the TD Bank Group. Otherwise, no one has permission to copy, redistribute, reproduce or republish, in any form, any information found in the pages of this Website.

Any unauthorized downloading, re-transmission, or other copying or modification of Trade-marks or other contents of this Website may be a violation of statutory or common law rights which could subject the violator to legal action.

All trade-marks are the property of their respective owners.
TD Insurance is a trade-mark of The Toronto-Dominion Bank. All trade-marks are property of their respective owners.


H. General Insurance Sector Codes

Compensation and Ownership/Code of Consumer Rights and Responsibilities

As part of our ongoing commitment to helping you make informed property and casualty insurance choices, we at TD Insurance put together an insurance disclosure document on our compensation to duly licensed and fixed salaried representatives.

More information

More information on the Code of Consumer Rights and Responsibilities

Principles for the Sale of Insurance - A Consumer Protection Document for Residents of Newfoundland and Labrador Only

It’s important that all our clients understand their rights regarding insurance. We take pride in ensuring that your rights are protected at all times and that your insurance meets your needs and keeps you properly protected. As your insurance provider of choice, we offer you a wide range of coverage options along with various deductible levels and discounts. To ensure you have the deductible that meets your needs and that you’re benefiting from all eligible discounts, please visit us online or contact your local Client Services Centre.

A special document developed by the Superintendent of Insurance for Newfoundland & Labrador is available for consultation. If you would like to consult the document, please click here. Its purpose is to keep you informed of your rights regarding the sale and purchase of home and auto insurance. Contact information is also available if you have any questions or concerns.

For additional information, you may also refer to:

Summary of Coverage, Deductibles and Discounts – Auto

Summary of Coverage, Deductibles and Discounts – Home

The Most Frequent Questions and Answers


I. Final Provisions

1. Changes to terms

TD Insurance may modify, alter or otherwise update the Terms of Use and Conditions applicable to this website from time to time, without notice, by updating this posting. Users agree to review the Terms of Use and Conditions regularly and to be bound by their continued access and use by such Terms of Use and Conditions as are in effect at the time when they access this TD Insurance website.

2. Reservation of rights

All rights not expressly granted in these Terms of Use and Conditions are reserved to TD Insurance. Nothing contained in these Terms and Conditions shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trade-mark or other intellectual right of TD Insurance to any other person or entity.

Other

The Terms of Use and Conditions of this TD Insurance legal information page are of general application and shall be read to be supplementary to, and in harmony with, any disclaimer, term, or condition of specific application (for example online quote) on a particular page or pages of this website. In case of conflict, the specific shall take precedence over the general.


J. Terms and Conditions for TD Insurance mobile app & MyInsurance portal

Important: Please read and understand this Agreement before accessing Services through MyInsurance or the TD Insurance mobile application (the "App"). By using MyInsurance or the App, You are considered to have read and agreed to this Agreement. If You do not agree with this Agreement, You must not use MyInsurance or the App. This Agreement will apply every time You use MyInsurance or the App.

The Terms and Conditions for using the TD Insurance mobile app and MyInsurance portal (hereinafter referred to as the "Terms") apply in addition to the terms of Your TD Insurance policies, and any other terms You have consented to for Your Account and/or a given policy. It does not replace them.

These Terms are effective December 1st, 2022 and replace the previous versions of the Terms (also known as MyInsurance Terms and Conditions, MyInsurance Electronic Financial Services Terms, and TD Insurance Mobile App Terms and Conditions). It is important that You read and accept the Terms.

If You have any questions about our Services, any of Your policies, or any of these Terms, please contact Us at (1-866-361-2311) or visit Us online at www.tdinsurance.com.

Definitions

1. In this Agreement between You and TD Bank Group (hereinafter referred to as the "Agreement"), the following Terms will have the following meanings:

"Agreement" – The provisions contained in these Terms as well as any additional terms contained in the insurance policy. Also included are the terms governing any other service We may provide to You and to which You have consented.

"Account"- The Account Holder record within which all of the Account Holder's insurance policies and account information are found.

"Account Holder"- The person who is authorized to transact in matters related to the insurance policies associated with the Account. The Account Holder can be, but is not necessarily one of, the insureds named in the insurance policies in the Account.

"Secondary Account Holder" - A secondary account holder is another person who is authorized to transact in matters related to the insurance policies associated with the Account – including, but not limited to, a spouse or common-law partner to the Account Holder. The Secondary Account Holder can be, but is not necessarily one of, the insureds that are named in the insurance policies in the Account.

"Credentials" - means Your username, password as well as the combination of numbers and/or letters or other identifying criteria that You will be required to create to access and use the Services.

"Electronic Signature" – means any electronic information unique to You, which You create or adopt to show Your acceptance. Examples of an Electronic Signature include an electronic representation of Your handwritten signature or clicking on the “Confirm changes” button, combined with relevant data such as Credentials.

"Services" – means the features available through the MyInsurance secure online portal and through the TD Insurance mobile application (the "App") described in section 10 and 11.

"Documents" - means the documents enumerated in section 16 as well as the paper version of those same documents.

"You", "Your" and "Yours" – refer to the Account Holder.

"TD Bank Group" – means The Toronto-Dominion Bank and its affiliates which provide deposit, investment, loan, securities, trust, insurance and other products and services.

"TD Insurance", "TDI" or "Us" or "We"– refers collectively to the following insurance companies: Security National Insurance Company, Primmum Insurance Company, TD General Insurance Company, TD Home and Auto Insurance Company, TD Life Insurance company, and the following Agencies: Meloche Monnex Insurance and Financial Services Inc., TD Insurance Direct Agency Inc. and TD Assurance Agency Inc.

Privacy

2. As set out in our Privacy Agreement, which was included with Your insurance policy package, You agree that We may share Your personal information with our world-wide affiliates and insurers.

3. We may also use Your information to: identify You; provide You with ongoing service; market products and services; protect us both from fraud and error; and comply with legal and regulatory requirements. We may also obtain information about You from credit reporting agencies, when and where permitted by law, to verify Your identity, and to perform a risk analysis. In addition, the information from credit reporting agencies may be used for underwriting purposes to determine Your eligibility and Your premium for home and auto insurance as well as Your eligibility for a payment plan.

4. We may communicate with You for any of these purposes by telephone, text messaging or other electronic means at the numbers You have provided Us, or via the internet, mail, email, and other methods.

5. If You choose to use the App, TD Insurance will collect your information including, but not limited to, IP address, geolocation (if enabled on Your device), photos You selected in Your mobile device photo gallery (if enabled on Your device) and other information arising from Your use of the App (collectively called “Mobile Data”). From time-to-time, TD Insurance may share information with third-party service providers in order to provide specific features within the App. This includes the use of Google Maps, a web mapping service provided by Google LLC . On the App, We use Google Maps to provide location information and support features such as Severe Weather and Safety Alerts. When using the App, You agree to the collection, processing and storing of the data that is automatically gathered by Google LLC., its representatives and/or third parties. For more information, please visit https://cloud.google.com/maps-platform/terms.

Agreement

6. This Agreement applies to the Services and is binding on Us, our successors and assigns. We may assign the Services, Your Account, and this Agreement to any person without Your consent. It is also binding on You, Your successors, permitted assigns and attorneys, and on Your heirs and personal representatives - including Your executors and administrators.

7. The singular shall be construed as meaning the plural and vice versa where the context so requires.

8. Your Account and the Services are separate and distinct from any other account or service You may have registered for with TD Bank Group.

9. You acknowledge, agree and consent that this Agreement is in addition to any existing TD Bank Group agreements which You may have agreed to and will apply in addition to those agreements.

Services

10. MyInsurance allows You to:

  • Access Your Account to view Your home and/or auto insurance policies associated with Your Account.
  • Make various changes electronically and in real time to Your current home and/or auto insurance policy subject to eligibility criteria ("Real time Transaction") OR request certain changes electronically by submitting the required form to be reviewed by a TDI advisor ("Form Transactions") (collectively hereinafter referred to as "Transactions").
  • If You consented to Electronic Delivery of Documents (Paperless Consent), You will have access to Your Documents electronically.
  • Download a digital version of Your proof of insurance (""Pink Card"") to Your mobile wallet subject to sections 34 to 36 below.
  • View Your Account Billing details.
  • Manage Your payment plans (both Pre-authorized Debit and Credit Card) including settling any outstanding balance in full.
  • View the status of certain claims
  • Manage digital account security preferences.

11. The App allows You to:

  1. Obtain information on our insurance products and services.
  2. Obtain insurance quotes.
  3. Record the details of an accident and submit Your claim.
  4. Store a copy of Your auto insurance certificate (Pink Card) or download a Digital Pink Card to Your device subject to sections 34 to 36 below.
  5. Receive value-added alerts for the location (s) You have selected.

    Alerts. What they are and how to access them.

    • Through our App, You may enroll and receive notifications about certain events or conditions (Alerts). We provide Alerts for convenience and information purposes only.
    • Push Notifications: You can enable or disable push notifications at any time on Your device. Even if push notifications are enabled, Your ability to receive them may be affected by factors outside of our control, including Your connectivity and whether Your device is turned off.
    • No Charges for Alerts: We do not charge for Alerts, but standard message and data rates may be charged by Your mobile carrier.
  6. Access the TD MyInsurance secure portal to manage Your policies.

12 We may suspend, cancel or block Your access to or use of the Services at any time and for any reason, without notice or liability to You.

13. There are no service charges or fees for using the Services, including any of its options. The payments related to the policy premium or any payment plan selected will be governed by the billing terms of the policy as agreed to by You. Please refer to Your policy billing for complete details.

Electronic Delivery of Documents

14. If You provided Paperless Consent, it applies to the electronic delivery of Documents to You through MyInsurance for each policy for which Paperless Consent was provided, and any renewal, amendment and replacement of said policy.

15. Your Paperless Consent takes effect on the day that You agreed to it. You may receive additional Documents by paper delivery as set out in Section 17, and You can revoke this Paperless Consent at any time, as set out in Section 19.

16.The Documents covered by the Paperless Consent are:

  • Policy documents and renewals packages that We are required by statute to send to You,
  • Amendments and other notices that We are required by statute to send to You relating to Your policy,
  • Correspondence related to Your policy and Your Account,
  • Summaries, confirmations, and statements related to Your policy or Your Account,
  • Any other document related to Your policy whether or not required by statute,
  • Claims-related Documents and updates and
  • Changes and other information about this Paperless Consent.

17. We may send Documents by paper delivery: It is important to know that We may deliver paper Documents to You by mail even though You have provided Paperless Consent. We may do so for any reason. Any Document We send by paper delivery will be sent to the last mailing address for You that We have in our records. You agree to notify Us of any change to Your mailing address.

18. Documents are accessible for 7 years after they are posted on MyInsurance, unless the Account is closed, or Your access to MyInsurance is cancelled or terminated.

19.Revocation: You may revoke Your Paperless Consent for any policy. Revocation does not affect any obligations You owe to Us.

How to revoke: Notify Us through MyInsurance or by contacting our customer service center at 1-866-361-2311.

If You revoke: If You revoke Your Paperless Consent for any policy, We'll send You Documents for that policy by paper delivery to the mailing address that We have in Your Account. You may receive additional Documents electronically while We process Your revocation. We will confirm Your revocation and may do so electronically.

20. You will be notified by email sent to the email address in Your Account when new Documents are added to MyInsurance.

21. You must access MyInsurance to review Your Documents on a regular basis. You must contact Us immediately if Your access to MyInsurance has been restricted or denied and You cannot access or view Your Documents. A Document is deemed to have been delivered to You on the day You are notified by email that the Document is posted in MyInsurance – and not on the day that You review the Document.

22. You confirm that You have the required hardware and software to access MyInsurance and You acknowledge that those requirements may change from time to time. We do not own or operate any hardware or software You use and We are not responsible for it.

23. You are responsible for ensuring that You can print, store, and save Documents delivered to You electronically.

24. We may change the Paperless Consent from time to time. When that happens, We will notify You that We are making changes to the Paperless Consent by any method permitted by law, including by posting a notice on our website or by electronic or paper delivery of the notice.

25. We are not responsible for any loss You may incur in connection with the electronic delivery of Documents or in connection with any email notification You requested that We send to You.

Transactions

26. Depending on Your Province or Territory and Your policy, You will either be able to perform self-service Real-Time Transactions OR Form Transactions.

27. When Form Transactions are available (Real-Time Transactions are not available):

  • There will be messaging confirming that it is a Form Transaction.
  • Changes to policies requested by Form Transactions must be reviewed and approved by a TDI Advisor prior to becoming effective.
  • If approved, the details and impacts of the changes requested along with the effective date will be confirmed to You by secure messaging to Your email address on record ("Secure Messaging") along with a request that You confirm the Form Transaction requested.
  • If not approved, You will be informed of the decision by Secure Messaging.
  • We will make every effort to review the Form Transaction requested within 48 hours, except in the event of delays resulting from statutory holidays or when We are experiencing exceptional volumes due to factors outside our control.
  • No Form Transaction will be effective unless it is confirmed as provided above.
  • The details of the changes requested will only be displayed in the Policy view tab of the Services as of the effective date of the requested changes.
  • Your updated Documents will be mailed to You by paper delivery at the mailing address We have in Your Account within 3 to 7 days from the effective date of Your Transaction, unless You have provided paperless Consent, in which case, the Documents will be delivered electronically through MyInsurance.

28. When Real Time Transactions are available:

  • Upon accessing the Services, You can select the desired available action and complete the required fields.
  • You will be provided an opportunity to review a summary of the information pertaining to the Real Time Transaction requested prior to confirming the change.
  • Once confirmed, the change will be applied at the effective date selected by You.
  • Any amount owing because of the change requested must be paid in accordance to the payment plan You selected.
  • If amounts are owed to You because of the change, those amounts will be credited to Your account or credit card depending on Your selected payment method.
  • A confirmation that the Real Time Transaction was successfully processed will be provided to You immediately after You confirm it.
  • Your updated Documents will be mailed to You by paper delivery at the mailing address We have in Your Account within 3 to 7 days from the date of Your Transaction and/or, the Documents will be available within an hour, in electronic version, in the document tab accessible through the Services.
  • The details of the changes requested will only be displayed in the Policy view tab of the Services as of the effective date of the requested changes.
  • All Real Time Transactions will also be confirmed by Secure Messaging. This confirmation email will be conclusive proof of the use of Your Credentials and of Your Real Time Transaction request.

29. Transactions You agree to electronically, including using an Electronic Signature, are binding and have the same legal effect as if they were done over the phone with a TDI advisor. You will not dispute any agreement, or other terms, with Us on the basis that it was delivered, received or entered into electronically, including using an Electronic Signature.

30. You are responsible to advise Us of any changes to the email address You provided when You registered for the Services.

31. You agree that You will advise Us promptly if You have not received Your confirmation and updated Documents within 10 days from the date of the Transaction.

32. You must promptly review Your Documents to check and verify Your policy coverage, any change requested, the premium and any fees. If You believe there are any errors, omissions, or unauthorized changes, You must inform Us by contacting a TDI advisor without delay at: 1-866-361-2311.

33. Electronic Documents are equivalent to paper Documents: Electronic Documents will be admissible in any legal, administrative, or other proceedings, and will be conclusive evidence of the information they contain the same as if they were original paper Documents. You waive any right to object to the introduction of any such electronic Documents into evidence.

Electronic Proof of Insurance

34. You are required to produce Your Pink Card in certain circumstances. It is Your responsibility to ensure that You can produce it.

35. Our ability to provide You with an electronic version of Your Pink Card ("Digital Pink Card") is subject to Regulatory requirements. You understand, acknowledge, and agree that, if You choose to share or download a Digital Pink Card to Your mobile wallet in Your mobile device:

  • The Pink Card contains Personal information (Name, address, policy number etc.).
  • The format of and information contained in the Pink Card is prescribed by Insurance Regulators.
  • It will be accessible for viewing in the mobile wallet even while the mobile device is locked in order to ensure that anyone who needs to view the Digital Pink Card can do so without being able to access other applications or information stored on the mobile device.
  • If You choose to provide a Digital Pink Card to the police or other lawful authority, You may be required to provide Your device to a police officer or other authorized person, who may take temporary custody of Your mobile device for the purposes of verifying the insurance coverage (in the same way that they would treat a paper version of the Pink Card). Your mobile device could be damaged during the course of inspection and You may be responsible for all damage.
  • Digital Pink Cards may not be approved in all jurisdictions.
  • Factors such as lack of or diminished cellular service, power interruptions, or law enforcement procedures may prevent effective use of a Digital Pink Card.

36. It is Your responsibility to provide a proof of insurance and You may consider carrying a paper version of it in the event You are not able to produce a Digital Pink Card.

Credentials

37. When registering for the Services, you will be asked to select Credentials of Your choice. System-generated Credentials may also be provided by Us to You if You contact the TDI customer help line at 1-877-585-9427 or in the event You forget Your Credentials. These Credentials are generated in a secure environment and will be emailed to You at the address You provided when You registered for the Services. When You next access the Services, You will be prompted to change the system generated Credentials.

38. You can choose Your existing Easyweb or WebBroker credentials to login to MyInsurance. Changes to Your Easyweb or WebBroker Credentials, Two-Step Verification or any other supported authentication self-service change will be reflected everywhere these Credentials are used.

39. Your Credentials are used to identify You and will allow You to access the Services.

40. You authorize Us to accept, and You agree to be responsible for, any verbal or electronic instructions given by You within or while using the Services to the same extent as if You had given verbal, signed or written instructions to Us.

41. You will use the Services in accordance with the Terms as they may be changed from time to time or as We may otherwise communicate to You from time to time.

42. You will not use the Services for illegal, fraudulent or defamatory purposes or take any steps which could undermine the security or integrity of any Services, or cause harm to or threaten to harm any other user of the Services. For our mutual protection, We may record all telephone calls that relate to the use of or include instructions for using the Services.

43. You are responsible for the care and control of Your Credentials. You must keep Your Credentials confidential and take every reasonable precaution to maintain them safely.

This includes:

  • Never keeping a written record of Your Credentials. Avoiding combinations that may be easily determined by others such as Your name, birthday, phone number, address, Social Insurance Number.
  • Not disclosing Your Credentials voluntarily to anyone else at any time, including to a family member, friend, financial institution employee or law enforcement agency.
  • Taking all reasonable precautions to ensure that no one finds out Your Credentials while typing them in.
  • If You suspect that someone may know Your Credentials, You must immediately notify Us by calling the customer help line at 1-877-585-9427.

44. You are responsible for all Transactions requested in Your Account through the Services resulting from the use of Your Credentials by You or any person to whom You have made Your Credentials available where You have not been the victim of force, intimidation or fraud.

45. You are responsible if:

  • You fail to notify Us as soon as You become aware that Your Credentials may have become known to someone else, may have been used by someone other than yourself or Your Credentials have been used fraudulently; or
  • You make an entry error through the Services.

In those cases, You will be liable for losses relating to Your insurance policy.

46. We will not hold You liable for Transactions completed through the Services where it can be shown that You have been a victim of fraud or have been coerced by force or intimidation provided You report the incident to Us promptly and cooperate fully in any subsequent investigation.

47. We are liable for:

  • Unauthorized Transactions after You have notified Us that Your Credentials have been used fraudulently or that security has been breached.
  • Transactions completed after Your Credentials have been cancelled.
  • Fraudulent or negligent conduct by our employees or agents, companies involved in networking arrangements or their employees or agents.
  • Losses relating to Your insurance policy resulting from any failure, error, malfunction or technical problem of our system or equipment.

Use of Biometrics

48. You acknowledge that once Your mobile device ("Device") is enabled with Biometrics for accessing MyInsurance from within the App to manage Your policies, any Biometric data stored on the Device can be used to access Your policies and information available through the App and any apps offered by TD Insurance which You access using Your login Credentials to MyInsurance.

49. You acknowledge and agree that:

  • You are responsible for the care and control of Your Device and You must take reasonable steps to safeguard and protect Your Device from access by any individuals other than yourself.
  • You will not enable Biometrics on Your Device for the App if:
    • there is any Biometric data, other than Your own, stored on Your Device;
    • if You share Your Device with any other individuals; or
    • If You have shared Your current Device passcode with any other individuals.
  • After You have enabled Biometrics, You will not permit any Biometric data, other than Your own, to unlock Your Device, and You will not share Your Device passcode, while Biometrics is enabled.
  • You will delete the App and any login Credentials (Username and Password) and Biometric data stored on Your Device, prior to sharing, transferring or disposing of Your Device.
  • You will notify TDI at once if You suspect Your Device is lost or stolen.
  • You accept responsibility for all transactions carried out through the App on Your Device while Biometrics is enabled, regardless of whether the transaction was completed by You or any person with Biometric data saved to Your Device.

50. You agree that in no event will TDI be liable for any damages arising out of or related to Your use of, or inability to use, Biometrics. TDI reserves the right to disable Biometrics for the App at any time without notice.

Care and Control of Your Mobile Device

51. If You choose to use the App through Your mobile device, You are responsible for the care and control of Your mobile device and if applicable, password, passcode and verification questions and answers (“User Information”). You must take reasonable steps to safeguard and protect Your mobile device and User Information.

52. You must:

  • keep possession of the mobile device;
  • keep a lock screen or passcode lock (each a “Device Lock”) on Your mobile device at all times;
  • keep Your User Information separate from the mobile device;
  • keep Your User Information strictly confidential and not share it with anyone;
  • take all reasonable precautions to ensure that no one finds out Your User Information, including while You key in User Information on Your mobile device;
  • avoid User Information and Device Locks that may be easily determined by others, such as birthdays, phone numbers, age, social insurance number, etc.; and
  • ensure that each password or other identifier is unique.

Disposing of Your Mobile Device

53. Before You sell, give away, or dispose of Your mobile device or SIM Card, You must ensure that all personal information stored in the App is deleted.

Responsibility for Your Mobile Device and to Your Mobile Device Provider

54. You are solely responsible for: (i) acquiring any hardware, device, wireless or Internet access required for You to use the App; and (ii) any fees or other charges imposed by Your mobile device provider, wireless services carrier or Internet service provider. It is Your responsibility to determine if Your mobile device provider, wireless services carrier or Internet service provider supports the App or if Your mobile device is capable of accessing the Internet.

Installing and Using Modifications to The App

55. If We upgrade, update or modify the App (including bug fixes, patches and new versions provided to You, the “Modifications”), You may be required to promptly install and use the Modifications in order for You to be able to continue to access and use the App. TD Insurance may provide You with prior notice of the Modifications. However, if the Modifications are for the proper functioning of the App, or safety or security of the App or any systems or networks, TD Insurance may not provide You with prior notice. TD insurance is under no obligation to make Modifications.

License Grant

56. You are granted a limited, revocable, non-transferable, non-exclusive license to use the App on a mobile device that You own or control. TD Insurance can terminate this license at any time and with or without any reason. The App is licensed, not sold, to You. You must not rent, lease, lend, sell, redistribute or sublicense the App. You agree that TD Insurance retains all right, title and interest in and to the App including copies and portions of it. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of, the App or any part of it. You may not use the App for any purpose that is illegal, fraudulent or infringes another person’s rights. You agree to comply with any other requirements, restrictions or limitations provided by TD Insurance upon notice to You. You further agree to comply with any requirements, restrictions or limitations provided by a third party (including the app store provider, Your mobile device provider or Your wireless services carrier) relating to Your use of the App.

Possible Effects of Installation, Removal or Usage Of The App And Disclaimer Of Damages And Warranty

57. By using the app on your mobile device, it is possible that the warranties covering your mobile device are voided, that your mobile device may be damaged, that data stored in your mobile device may be corrupted, and that you or your property may be damaged. You agree that your use of or inability to use the application is at your sole risk. The application is provided "as is" and "as available" for your use, without warranties or conditions of any kind, express, implied, statutory or collateral, including all implied warranties or conditions of merchantable quality, fitness for a particular purpose, title, and noninfringement.

Compliance with laws

58. You acknowledge that all policies will be issued and all transactions will be processed in accordance with applicable laws and regulations, and with any self-regulatory codes adopted by Us, such as the IBC Code.

Liability for Damages Limited

59. We will not be responsible or liable to You or to others for any damages direct, indirect, consequential or special, including without limitation all losses, costs, expenses or inconvenience You may incur or arising from or out of Your inability to access the Services as provided in this Agreement as a result of any failure, error or malfunction, even if the failure, error or malfunction was a result of our negligence or the negligence of our employees, agents or representatives. We will not be responsible for any loss, damage or personal injury suffered by any person by reason of any act or omission in the course of or in connection with the operation of the Services including any loss or damage to Your mobile device resulting from or occurring as a result of providing Your phone for the purposes of verifying Your Digital Pink Card.

Your Right to Cancel the Services

60. Unless otherwise provided in this Agreement or agreed to by Us, You may cancel the Services by contacting the TDI customer help line at 1-877-585-9427. In all cases, You still must fulfill all Your obligations under this Agreement.

Our Right to Terminate This Agreement

61. We may cancel Your Credentials, terminate this Agreement, or suspend or refuse to provide Services without notice to You. In all cases, You still must fulfill all of Your obligations under this Agreement and Your policy. You are not relieved of Your obligations until all amounts owed to Us, including interest, service charges and costs, have been paid in full. Notwithstanding the foregoing, Your insurance policy continues to be in full force and effect until the end of the policy term or until it is cancelled.

Changing This Agreement

62. We may change the provisions of this Agreement for use of the Services from time to time. We will notify You of any changes by either sending You notice (written or electronic) or posting a notice on the Customer Service Center in MyInsurance.

63. If You use the Services after We send or post a notice, You accept the changes as of the effective date set out in the notice.

If You Have a Problem or Concern

64. At TD Insurance We're committed to providing the best possible customer experience, and Your confidence and trust are extremely important to Us. If You have a problem or concern, You can contact Us in the way most convenient for You. To do so, follow the complaint-handling process on our website at: https://www.tdinsurance.com/customer-service/problem-resolution.

Terms Drawn Up in English

65. It is the express wish of the parties that these Terms and any directly or indirectly related documents be drawn up in English.


K. TD Insurance My Advantage Application Terms and Conditions (Trial)

It is important that you read and understand these terms and conditions, including any amendments (the "Terms"). By clicking the "I agree" button in the trial version of the TD MyAdvantage™ Mobile Application (the "App"), you will be deemed to have read and agreed to these Terms and to be bound by them and will be able to start using the App. If you do not agree with these Terms, you must not use the App. These Terms will apply every time you use the App.

To review information regarding your consent to TDI Privacy Terms, please see Section 3 herein.

1. CERTAIN DEFINITIONS.

"Data" means any and all data and information collected on or by the App, including your personal information.

"Participating Driver(s)" means any person who has downloaded the App on his/her mobile device and has agreed to these Terms.

"Program" means the TD MyAdvantage™ Mobile Application Program.

"Trial Period" means the period during which a Participating Driver may use the App for trial purposes up to thirty (30) days, unless that Participating Driver enrolls in the Program or if the use of the App is terminated in accordance with these Terms.

"Trip" means any trip recorded by the App resulting from the operation of any automobile by a Participating Driver.

"TD Insurance", "TDI", "we" and "us" refer to Meloche Monnex Inc, a company which is a subsidiary of The Toronto-Dominion Bank and member of TD Bank Group.

"You" and "your" refer to the Participating Driver hereby agreeing to these Terms.

2. INFORMATION ABOUT THE PROGRAM.

The App enables the collection of Data which will be used to analyze your driving behaviour, to provide driving scores, and to determine automobile insurance premium discounts that you could potentially receive if you were to enroll in the Program as a TDI client, as described in these Terms.

Important note: Data collected during the Trial Period will be reset when you enroll as a TDI client and will not be used in the calculation of your potential premium discounts. You may review the Terms by visiting the main menu on the App, and selecting "Privacy, Security & Legal" then navigating to the "Legal" subsection.

The use of the App is completely voluntary and allows you to download and use the App on your mobile device, which will collect Data that will be analyzed together with additional information as set out in Section 3 (Privacy) in order to provide a driving score. The use of the App will allow you to see what savings you could potentially receive on your insurance renewal premium if you were to enroll in the Program as a TDI client based in part on the way you drive.

You can track your driving behaviour on the App for a Trial Period of up to thirty (30) days. At any time during the Trial Period, you may choose to enroll in the Program by using the "Ready to Activate" button in the Welcome Menu or by calling us at 1-866-223-1030. Some conditions apply to be eligible to enroll in the Program.

We reserve the right to modify these Terms at any time. If we modify these Terms, we will provide notice of the modifications to you within the App and will request your agreement with these modified Terms. In order to use the App, you will be required to accept the modified Terms. If you do not consent to the modified Terms, your access to the App will be disabled.

You must immediately cease using the App and delete the App from your mobile device if you do not agree with the Terms, as modified. Continued use of the App, after you have accepted any modified Terms communicated to you by TDI, constitutes acceptance of the Terms, as modified, from the date you have accepted those modified Terms.

You can terminate your use of the App at any time by uninstalling the App, in accordance with Section 4.4. We may suspend, cancel or block your access to, or use of, the App at our sole discretion, to the extent permitted by law, without liability to you.

3. PRIVACY

Protecting your Privacy

At TD Insurance, protecting your privacy and the confidentiality of your personal information is a fundamental part of our business. We have a number of security measures and standards in place to safeguard your information.

It is important that you read and understand Section 3 of these Terms and TD Mobile Apps Privacy Code and TD Insurance, General Insurance Privacy Agreement (collectively, the "Privacy Terms") provided herein as these Privacy Terms, as amended from time to time, will apply each time you use the App.

By accepting these Terms and any subsequent amendments thereto communicated to you by TD Insurance in accordance with Section 2 herein, you are deemed to have read and agreed to the Privacy Terms, and to have consented to the collection, use and disclosure of your Data as described hereunder.

Please see TD Mobile Apps Privacy Code and TD Insurance, General Insurance Privacy Agreement available at https://www.td.com/privacy-and-security/privacy-and-security/our-privacy-commitments/privacy-commitment.jsp for more information about how we handle the information we obtain from you.

3.1 Collecting your Data

The App will collect the following Data with respect to each Trip and use of the App:

  • The email address provided by you in relation with your use of the App;
  • GPS data (location information);
  • Distance travelled for each Trip;
  • Acceleration, speeding, braking, cornering data derived from GPS or accelerometer data;
  • Time of day;
  • Confirmation of when the App is being turned on and off;
  • Mobile device ID;
  • Total Mileage for all Trips;
  • Battery level and charging status;
  • Bluetooth and Wi-Fi connection information;
  • Internet connectivity (Cellular or Wi-Fi).

The App will collect Data (e.g. your location) whenever your mobile device is turned on and identifies a Trip, regardless of the automobile that the Participating Driver is operating at the time the Data is collected.

The App will also collect all Data that identifies a movement with the mobile device, including when you walk. You may correct inaccurate Data in accordance with Section 6.3 (Correcting your Data) provided herein.

The App collects and securely transmits wirelessly your Data to TD Insurance. Once the Data is collected, the App analyzes the Data at the end of each Trip in order to determine your driving score. Your Data may be transferred to a third party for processing purposes in order to complete the analysis of your Data. Your driving score is then securely transmitted to us and to you with your driving score for each Trip as well as your average driving score and projected Program discount.

3.2 Using and Sharing your Data

The Data will be processed by the App to create individual driving scores that reflect your driving habits. The purpose of the driving scores is to determine the Program discounts that you could potentially receive if you were to enroll in the Program as a TDI client, if any.

We may use your email address for purposes of authenticating you, resolving issues related to the App and send to you an email with an activation code if you decide to enroll in the Program.

3.3 Storage of Data

Your personal information will be stored with TDI in accordance with our Privacy Terms and may be shared, stored or accessed in Canada or other jurisdictions as permitted by law. Your personal information may also be accessed, used, and disclosed for regulatory purposes, in response to valid demands or requests from governments, regulators, courts and law enforcement authorities in those jurisdictions or countries or as otherwise required by law.

Your Data, including your personal information, will be stored with TDI for a period up to 90 days after the Trial Period expires. This Data will be stored for analytics purposes and to better improve the App. TDI may also retain de-identified, non-personal information it collects from you and other Participating Drivers for the same purposes.

3.4 How your Data Will Not Be Used

We will not use your Data:

  • to change the premium attributable to you during the current term of your insurance policy, except as otherwise stated in these Terms, if you are a TDI client;
  • to cancel your insurance policy, if you are a TDI client;
  • to refuse to renew your insurance policy, if you are a TDI client;
  • for claims handling purposes;
  • for marketing purposes;
  • to increase your insurance policy premium on renewal, if you are a TDI client);
  • to confirm rating criteria currently used; or
  • to your prejudice regarding an insurance claim you have with us or in any claim that is brought against you.

Your driving behaviour, as determined by the App, is one of many factors used to calculate the insurance policy premium discount that you could potentially receive if you were to enroll in the Program as a TDI client. Other factors can still impact the overall premium, including chargeable accident or traffic convictions that may occur during the term of your insurance policy.

3.5 Sharing your Data on Social Networking Services

The App may allow you to share your Data on social networking services. When you use the App to share your Data on a social networking service, any Data and content you share will be visible to other users and can be read, collected, or used by them. You are solely responsible for any disclosure of any Data, content or information you choose to share or submit in these instances. Please take care when using these features to prevent unwanted disclosure of Data or other information.

4. YOUR USAGE OF THE APP

4.1 Usage of the App

Each Participating Driver must meet the requirements set out in Section 4.2 (Eligibility Requirements for Participation) at all times during the Trial Period. TDI may suspend, cancel, block access to, or use of, the App if you fail to meet the Eligibility Requirements set out in Section 4.2 at any time during the Trial Period, without penalty and without notice to you.

4.2 Eligibility Requirements for using the App

In order to use the App, you must meet and maintain the following minimum eligibility requirements:

  • your mobile device must be an Android or iPhone smartphone device and the operating system ("the OS") of your mobile device should be supported by one of the last 3 major OS versions available.
  • if your mobile device is an Android, you must install on your device Google Play Services and install the latest version of the application when an update becomes available;
  • you must have a data plan with your current mobile carrier for the applicable mobile device (the App may use some of your phone's data capacity);
  • you have provided a valid email address; and
  • you have downloaded the App and agreed to these Terms, and have accepted any amendments to the Terms in accordance with Section 2 herein.

4.3 Eligibility Requirements for the Program Discount

You are not eligible for a Program discount on your insurance premium if you are using the App. To be eligible for a Program discount, you must enroll in the Program and meet the eligibility requirements applicable to all enrolled Participating Drivers.

4.4 Termination

You can terminate your use of the App at any time, by uninstalling the App. This will prevent further information from being collected and submitted to us. TDI may terminate your license to use the App pursuant to section 6.1 as a result of your non-compliance with Section 6.6 or in the event the Program is discontinued.

Non-compliance with these Terms may result in termination of your use of the App by TDI. In addition to any termination rights in these Terms, TDI may suspend, cancel, block access to, or use of, the App at its sole discretion at any time without penalty and without notice to you.

5. DISCOUNTS

5.1 Applicability of the Program Discounts

The App will determine automobile insurance premium discounts attributable to you that you could potentially receive if you were to enroll in the Program as a TDI client. Program discounts provided to you as part of your use of the App will not be applicable to you and cannot be applied to your insurance policy. All Data collected during the Trial Period will be reset when you enroll as a TDI client in the Program and will not be used in the calculation of your potential premium discounts.

5.2 Driving Score

The Data as identified in Section 3 above will be used to generate a driving score that is used to calculate the appropriate Program discount attributable to you if you were to enroll in the Program as a TDI client. The driving score will be based on your driving behaviour namely the following factors: speeding, cornering, accelerating, braking and time of day.

The Data is collected for you for every Trip, whether or not the automobile you are driving is covered under your insurance policy. You will receive your driving score via the App after each Trip. In addition, you can access through the App your average driving score and projected Program discount. The projected Program discount is a projection only and may not be representative of the Program discount applicable or that there will be a Program discount applied if you were to enroll in the Program as a TDI client.

5.3 Disclaimer of Performance

This data collected for you for every trip is subject to the performance of the system of your mobile device and may vary depending on your mobile device including the platform used, update to the operating system, the data collected and the circumstances of use of your mobile device. For a similar trip, each phone may generate different data and perform differently, which may impact the driving score generated with the data, together with additional information identified in section 3. Tdi, and each of our affiliates, give no representations, warranties, guarantees, or conditions of any kind, whether express, implied, statutory or collateral, or arising from statute, course of dealing, or usage of trade, with respect to the performance of your mobile phone and the data generated by your mobile phone.

6. USE OF THE APP

6.1 License

Provided you comply with these Terms, TD Insurance grants you a revocable, limited, non-transferrable, non-exclusive, personal license to use the App on any mobile device that you own or control and that satisfies the requirements set out in Section 4.2. TD Insurance has the rights to grant you this license to use the App and also has the right to terminate this license at any time, in accordance with these Terms. Any use of the App must also be in accordance with the applicable usage rules set forth in the Apple App Store Terms and Conditions or the Google Play Terms of Service, whichever is applicable.

6.2 Your Responsibilities

Once the App is installed and activated, you must have with you your mobile device on which the App is installed whenever operating any automobile (whether or not the automobile is insured under your insurance policy). You must not disable or shutdown the App or the mobile device, so that the App can detect and record when you start a Trip. It is your responsibility to ensure that your mobile device's location services function is activated for the App and that your device has sufficient battery life for the App to work properly. If you have enabled biometric authentication on your phone such as Touch ID, all of the individuals whose biometrics are stored on the device will be able to access the App.

6.3 Correcting your Data

You must periodically check your App and exclude trips that the App has incorrectly determined to be Trips, such as trips where you were a passenger and not driving an automobile. You must make any correction within 14 days of a Trip, or that Trip will be deemed attributable to you.

6.4 App Modifications

If we upgrade, update or modify the App (including bug fixes, patches and new versions provided to you, the “Modifications”), you may be required to promptly install and use the Modifications in order for you to be able to continue to access and use the App. TD Insurance may provide you with prior notice of the Modifications. However, if the Modifications are for the proper functioning of the App, or safety or security of the App or any systems or networks, then you may not receive prior notice of such Modifications. TD Insurance is not under any obligation to make Modifications.

6.5 Proprietary Rights

The App is licensed, not sold, to you. The App, including all text, graphics, user and visual interfaces, trade-marks, logos, computer code, documentation and other content (collectively, the "Content"), is the exclusive property of its lawful owner and is protected by copyright, trade-mark and other intellectual property laws. TDI also owns the Data gathered by the App, other than your personal information.

6.6 License Restrictions

Except as expressly provided in these Terms, no part of the App or Content may be copied, reproduced, sold, rented, leased, lent, redistributed, sublicensed, republished, reposted or otherwise distributed for public or commercial use. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of, the App or any part of it. You may not use the App for any purpose that is illegal, fraudulent or infringes another person’s rights. You agree to comply with any other requirements, restrictions or limitations provided by TD Insurance upon notice to you. You further agree to comply with any requirements, restrictions or limitations provided by a third party (including the app store provider, your mobile device provider or your wireless services carrier) relating to your use of the App.

6.7 Cellular or Wireless Service

The App transmits Data via your wireless carrier or accessible Wi-Fi network. TDI is not responsible or liable for any charges and expenses associated with the use of the App or any other applications. The availability of the App may occasionally be restricted, interrupted or discontinued due to conditions such as, but not limited to: application design, network coverage, government regulation, or other situations beyond our control.

6.8 Disclaimer of Warranty

This app is provided "as-is," "with all faults," and "as available." tdi, and each of our affiliates, gives no representations, warranties, guarantees, or conditions of any kind, whether express, implied, statutory or collateral, or arising from statute, course of dealing, or usage of trade, including, but not limited to, implied representations, warranties, or conditions of merchantability, merchantable quality, quality and fitness for a particular purpose, title and non-infringement. Tdi does not warrant that the functionality or operation of the app will be secure, uninterrupted or free from error, that any defects in the app will be corrected, or that the app or the server(s) that makes it available are free of viruses or other harmful conditions or components. By using the app on your mobile device, it is possible that the warranties covering your mobile device are voided, that your mobile device may be damaged, that data stored in your mobile device may be corrupted, and that your property may be damaged. You agree that your use of or inability to use the app is at your sole risk.

6.9 Limitation of Liability

You agree that to the extent not prohibited by law, td insurance and its officers, directors, shareholders, employees, agents and subcontractors disclaim all liability, whether based in contract, tort, negligence, strict liability or otherwise, for damages of any kind (including, but not limited to, direct, indirect, incidental, consequential, special, punitive and exemplary damages, and damages for loss of profits, revenue, opportunity, loss of data or business interruption) in any way arising from or relating to the app, your use or inability to use the app, and/or these terms, including interruptions of service or delay in operation or transmission, and/or arising from third party access to personal information input in the app, even if tdi has express knowledge of the possibility of such damages. Tdi will not have any responsibility or liability for the security of your mobile device or for any damage caused to your mobile device arising from use of the app. You agree not to seek to recover any damages of any kind (including, but not limited to, direct, indirect, incidental, consequential, special, punitive or exemplary damages, or damages for loss of profits, revenue, opportunity, loss of data or business interruption) from tdi.

6.10 Compliance with Laws

You agree to comply with all applicable laws and regulations of Canada and other countries ("Laws") when using the App. You will ensure that the App is not (1) exported, directly or indirectly, in violation of any Law, or (2) used for any purpose prohibited by any Law, including, without limitation, nuclear, chemical, or biological weapons proliferation. You further agree that you will not use the App for any purpose prohibited under any Law.

6.11 Submissions

If you want to submit ideas, suggestions or materials ("Submissions"), to TD Insurance regarding the App (or any other particular product or service offered by TD Insurance) through any means whatsoever, you grant to TD Insurance and its contractors and third party service providers an unrestricted, irrevocable, transferable, non-exclusive, perpetual, worldwide license to use, copy, sell, disclose or publish the Submissions for any purpose whatsoever (including developing and marketing products, services or content using the Submissions), and without any requirement for us to provide you with any credit, notice, approval or compensation for any such use. You waive your moral rights in the Submissions.

7. RESPONSIBILITY FOR YOUR MOBILE DEVICE

You are responsible for the care and control of your mobile device and if applicable, password, passcode and verification questions and answers ("User Information"). You must take reasonable steps to safeguard and protect your mobile device and User Information.

You must:

  • keep possession of your mobile device;
  • keep a lock screen or passcode lock (each a “Device Lock”) on your mobile device at all times;
  • keep your User Information separate from the mobile device;
  • keep your User Information strictly confidential and not share it with anyone;
  • take all reasonable precautions to ensure that no one finds out your User Information, including while you key in User Information on your mobile device;
  • avoid User Information and Device Locks that may be easily determined by others, such as birthdays, phone numbers, age, social insurance number, etc.; and
  • ensure that each password or other identifier is unique.

Before you sell, give away, or dispose of your mobile device or SIM card, you must ensure that all personal information stored in the App is deleted.

You are solely responsible for: (i) acquiring any hardware, device, wireless, Internet access and data plan required for you to use the App; and (ii) any fees or other charges imposed by your mobile device provider, wireless services carrier or Internet service provider. It is your responsibility to determine if your mobile device provider, wireless services carrier or Internet service provider supports the App or if your mobile device is capable of accessing the Internet.

You acknowledge that these Terms are between you and TD Insurance and not with the app store provider (i.e. Google Inc. or Apple Inc.). You agree that the app store provider: (a) is not liable to you in any way whatsoever for the distribution, use, performance or non-performance of the App; (b) has no obligation whatsoever to furnish any maintenance and support services to you with respect to the App; (c) is not responsible for addressing any claims you may have relating to the App or your possession or use of the App; (d) is not responsible for any third party claims that the App or your possession or use of the App infringes that third party’s intellectual property rights; and (e) is a third party beneficiary to these Terms solely in respect of this paragraph.

8. IF YOU HAVE A PROBLEM OR CONCERN

If you have a problem or concern, you may call us toll free at 1-866-223-1030. For a more detailed overview of our complaint process, visit us at https://www.tdinsurance.com/customer-service/problem-resolution.

If you have a complaint regarding a potential violation of a consumer protection law, a public commitment, or an industry code of conduct, you can contact the Financial Consumer Agency of Canada (FCAC) in writing at 6th Floor, Enterprise Building, 427 Laurier Ave. West, Ottawa, Ontario, K1R 1B9. The FCAC can also be contacted by telephone at 1-866-461-3222 (en français 1-866-461-2232) or through its website at www.fcac-acfc.gc.ca. Please note that the FCAC does not become involved in matters of redress or compensation.

9. CONSENT/AGREEMENT

By downloading and using the App, you agree and consent:

  • to comply with the Terms described above, as they apply to you;
  • to the collection, use and disclosure of your personal information, including your Data as set out in these Terms;
  • to the retention of your personal information, including your Data as set out in these Terms; and
  • that your non-compliance with these Terms may result in termination of your use of the App.

10. APPLICABLE LAW & LANGUAGE

These Terms are governed by the laws of the Province of Ontario exclusive of conflict of law provisions and you attorn to the jurisdiction of the courts of the Province of Ontario with respect to any proceedings arising from these Terms. These Terms are not governed by the United Nations Convention on Contracts for the International Sale of Goods. It is the express wish of the parties that these Terms and any directly or indirectly related documents be drawn up in English. Les parties ont exprimé la volonté expresse que les présentes modalités et tous les documents s’y rattachant directement ou indirectement soient rédigés en anglais.

L. TD Insurance MyAdvantage Application Terms and Conditions (Registered Driver)

It is important that you read and understand these terms and conditions, including any amendments (the "Terms"). By clicking the "I agree" button in the TD MyAdvantage™ Mobile Application (the "App"), you will activate the App and will be deemed to have read and agreed to these Terms and to be bound by them. If you do not agree with these Terms, you must not activate or use the App. These Terms will apply every time you use the App.

To review information regarding your consent to TDI Privacy Terms, please see Section 3 herein.

1. CERTAIN DEFINITIONS:

"Data" means any and all data and information collected on or by the App, including your personal information.

"Insured Person(s)" means the Named Insured(s) and the listed driver(s) on the Policy for whom a premium is charged.

"Named Insured(s)" means the person(s) who are the registered owner(s) or the lessee(s) of the described automobile(s) on the Policy.

An Insured Person's "Enrollment Date" means the date a Named Insured calls TDI and confirms the intended participation of the Insured Persons in the Program.

"Participating Driver(s)" means any Insured Person who has downloaded and activated the App on his/her mobile device within 15 days from the Enrollment Date.

"Policy" means the automobile insurance policy between TDI and the Named Insured(s) to which this document is attached.

"Program" means the TD MyAdvantage™ Mobile Application Program.

"Trip" means any trip recorded by the App resulting from the operation of any automobile (whether or not insured under the Policy) by a Participating Driver.

"TD Insurance", "TDI", "we" and "us" refer to whichever one of the following companies is your insurer under the Policy to which these Terms apply:

  • Security National Insurance Company
  • Primmum Insurance Company, and
  • TD General Insurance Company

All of these companies are subsidiaries of The Toronto-Dominion Bank and members of TD Bank Group.

"You" and "your" refer to every Participating Driver and every Insured Person identified by a Named Insured as a participant in the Program.

2. INFORMATION ABOUT THE PROGRAM

The App enables the collection of Data which will be used to analyze your driving behavior, to provide driving scores, and to determine automobile insurance premium discounts attributable to you and other Participating Drivers as described in these Terms.

The Program is completely voluntary and allows you to download and use the App on your mobile device, which will collect Data that will be analyzed together with additional information as set out in Section 3 (Privacy) in order to provide a driving score which may entitle the Named Insured(s) to a Policy premium discount based on the driving score, subject to these Terms.

Your eligibility to participate in the Program is subject to the requirements set out in Section 4.2 (Eligibility Requirements for Participation) below and is expressly conditioned on your acceptance of these Terms. You may review the Terms by visiting the main menu on the App, and selecting "Privacy, Security & Legal" then navigating to the "Legal" subsection.

We reserve the right to modify these Terms at any time. If we modify these Terms, we will provide notice of the modifications to you within the App and will request your agreement with these modified Terms. In order to use the App, you will be required to accept the modified Terms. If you do not consent to the modified Terms, your access to the App will be disabled and your participation may be terminated in accordance with Section 4.4 herein if you do not agree with the modified Terms within the required timeframe.

If you or the Named Insured(s) do not agree with any part of the modified Terms, or if you want to opt out of the Program for any other reason, you or the Named Insured(s) may opt-out of the Program by following the procedure described in Section 4.4 (Terminating Your Participation) and the Program discount, if any, which was earned in connection with your driving will be removed accordingly. You must immediately cease using the App and delete the App from your mobile device if you do not agree with the Terms, as modified. Deleting the App means that you are no longer eligible for the Program, in accordance with Section 4 herein. Continued use of the App, after you have accepted any modified Terms communicated to you by TDI, constitutes acceptance of the Terms, as modified, from the date you have accepted those modified Terms.

We may terminate the Program and/or suspend, cancel or block your access to, or use of, the App at our sole discretion, to the extent permitted by law, without liability to you. We will provide the Named Insured(s) with notice in advance of such termination as required by law.

3. PRIVACY

Protecting your Privacy

At TD Insurance, protecting your privacy and the confidentiality of your personal information is a fundamental part of our business. We have a number of security measures and standards in place to safeguard your information.

It is important that you read and understand Section 3 of these Terms and TD Mobile Apps Privacy Code and TD Insurance, General Insurance Privacy Agreement (collectively, the "Privacy Terms") provided herein as these Privacy Terms, as amended from time to time, will apply each time you use the App.

By accepting these Terms and any subsequent amendments thereto communicated to you by TD Insurance in accordance with Section 2 herein, you are deemed to have read and agreed to the Privacy Terms, and to have consented to the collection, use and disclosure of your Data as described hereunder.

Please see TD Mobile Apps Privacy Code and TD Insurance, General Insurance Privacy Agreement available at https://www.td.com/privacy-and-security/privacy-and-security/our-privacy-commitments/privacy-commitment.jsp for more information about how we handle the information we obtain from you.

3.1 Collecting your Data

The App will collect the following Data with respect to each Trip and use of the App:

  • Information you and any Named Insured provide us under the Program;
  • GPS data (location information);
  • Distance travelled for each Trip;
  • Acceleration, speeding, braking, cornering data derived from GPS or accelerometer data;
  • Time of day;
  • Confirmation of when the App is being turned on and off;
  • Mobile device ID;
  • Total Mileage for all Trips;
  • Battery level and charging status;
  • Bluetooth and Wi-Fi connection information;
  • Internet connectivity (Cellular or Wi-Fi).

The App will collect Data (e.g. your location) whenever your mobile device is turned on and identifies a Trip, regardless of the automobile that the Participating Driver is operating at the time the Data is collected.

The App will also collect all Data that identifies a movement with the mobile device, including when you walk. Once the App can accurately identify your Trips, Data not associated with a Trip will not generate a driving score and will not be used to calculate the Program discount. It will only be used for the purpose of improving the accuracy of the App. You may also correct inaccurate Data in accordance with Section 6.3 (Correcting your Data) provided herein.

The App collects and securely transmits wirelessly your Data to TD Insurance. Once the Data is collected, the App analyzes the Data at the end of each Trip in order to determine your driving score. Your Data may be transferred to a third party for processing purposes in order to complete the analysis of your Data. Your driving score is then securely transmitted to us and to you with your driving score for each Trip as well as your average driving score and projected Program discount.

3.2 Using and Sharing your Data

The Data will be processed by the App to create individual driving scores that reflect your driving habits. The purpose of the driving scores is to determine the Program discounts, if any, attributable to you and every other Participating Driver.

We may request the following information for the purposes of authenticating you, enrolling you in the Program or performing certain services related to the Program:

  • Your first and last name;
  • Your email address;
  • Your unique Driver ID;
  • Your Enrollment Date;
  • Your mobile phone number;
  • Your Province and/or postal code;
  • Your insurer.

3.3 Storage of Data

Your personal information will be stored with TDI in accordance with our Privacy Terms and may be shared, stored or accessed in Canada or other jurisdictions as permitted by law. Your personal information may also be accessed, used, and disclosed for regulatory purposes, in response to valid demands or requests from governments, regulators, courts and law enforcement authorities in those jurisdictions or countries or as otherwise required by law.

TDI may also retain de-identified, non-personal information it collects from you and other Participating Drivers for analytics purposes and to better improve the App.

3.4 How your Data Will Not Be Used

We will not use your Data:

  • to change the premium attributable to you during the current term of the Policy, except as otherwise stated in these Terms;
  • to cancel the Policy;
  • to refuse to renew the Policy;
  • for claims handling purposes;
  • for marketing purposes;
  • to increase the Policy premium on renewal (except for changes or removal of the Program discount in accordance with these Terms);
  • to confirm rating criteria currently used; or
  • to your prejudice regarding an insurance claim you have with us or in any claim that is brought against you.

Your driving behavior, as determined by the App, is one of many factors used to calculate the Policy premium attributable to you. Other factors can still impact the overall premium, including chargeable accident or traffic convictions that may occur during the term of the Policy.

You can terminate your participation in the Program at any time as indicated in Section 4.4(Terminating your Participation in the Program).

3.5 Sharing your Data on Social Networking Services

The App may allow you to share your Data on social networking services. When you use the App to share your Data on a social networking service, any Data and content you share will be visible to other users and can be read, collected, or used by them. You are solely responsible for any disclosure of any Data, content or information you choose to share or submit in these instances. Please take care when using these features to prevent unwanted disclosure of Data or other information.

4. YOUR PARTICIPATION IN THE PROGRAM

4.1 Participation of Insured persons in the Program

To participate in the Program, a Named Insured must first call us at 1-866-223-1030 and ask to participate in the Program, and identify the other Insured Persons who are going to participate in the Program. A Named Insured may call at any time to add additional Insured Persons under the Program. Thereafter, each Insured Person identified by the Named Insured as a participant may participate in the Program by downloading and activating the App on their compatible mobile device within 15 days from their Enrollment Date. If an Insured Person fails to activate the App in the required timeframe, a Named Insured will need to contact us again to confirm the participation of the Insured Person and such confirmation will be the new Enrollment Date applicable to the Insured Person. Each Participating Driver must meet the requirements set out in Section 4.2 (Eligibility Requirements for Participation) at all times during the Program. Failure to meet the Eligibility Requirements for Participation set out in Section 4.2 at any time may result in removal of the Participating Driver from the Program.

Only Insured Persons identified by a Named Insured as participants will be authorized to activate the App. Each Insured Person will be required to enter their e-mail address, a pin and the activation code provided by TDI d to complete the activation of the App.

4.2 Eligibility Requirements for Participation

In order to participate and maintain your eligibility to participate in the Program, you must meet and maintain the following minimum eligibility requirements:

  • your mobile device must be an Android or iPhone smartphone device and the operating system ("the OS") of your mobile device should be supported by one of the last 3 major OS versions available.
  • if your mobile device is an Android; you must install on your device Google Play Services and install the latest version of the application when an update becomes available;
  • you must have a data plan with your current mobile carrier for the applicable mobile device (the App may use some of your phone's data capacity);
  • you have provided a valid email address;
  • you have activated the App by agreeing to these Terms, and have accepted any amendments to the Terms in accordance with Section 2 herein; and
  • your participation in the Program has not been terminated in accordance with Section 4.4 herein.

4.3 Eligibility Requirements for the Program Discount

At any time, for the Policy to benefit on the date of the next Policy renewal from a potential automobile insurance discount based on your driving score under the Program, it is required that:

  • you have installed and activated the App at least 120 days before the Policy renewal documents are processed by TD Insurance. Policy renewal documents are processed approximately 60 days in advance of the renewal date of the Policy
  • you have recorded a minimum of 1,000 km on the App prior to the Policy renewal documents being processed by TD Insurance (based on most recent data available at renewal processing); and
  • your participation in the Program has not been terminated in accordance with Section 4.4.

If you do not meet these conditions, the Policy will not be eligible for any Program discount that might otherwise apply by reason of your driving score on the date of the next Policy renewal. In addition, if your Program participation has been terminated, any Program discount will be removed in accordance with Section 4.4.

4.4 Terminating your Participation

You may terminate your participation in the Program at any time by calling us at 1-866-223-1030. If your participation in the Program is terminated for any reason (whether by you, by us, or otherwise in accordance with these Terms) or if the Program is terminated, you must immediately cease using the App and delete the App from your mobile device. In the event a Named Insured calls us to end the participation of all Insured Persons in the Program, then all Participating Drivers must cease using the App and delete the App from their mobile devices. The date that you or the Named Insured notifies us of intent not to participate in the Program will be the effective date of termination.

In the event the App has been disabled, closed or deleted from your mobile device for a period of more than 65 consecutive days, TD Insurance will consider you inactive and will terminate your participation in the Program. We may also terminate your participation, or that of any or all other Participating Drivers', in the Program at any time, including in the event of noncompliance with these Terms by you or another Participating Driver. In addition, in the event there are inconsistencies or behavior patterns that would suggest that your reported Trips are not representative of your actual driving behavior, as determined by TDI in its sole discretion, we will inform you of the situation and ask that the situation be remedied. If the issues are not resolved to TDI's satisfaction, we may provide you with 30 days' prior written notice after which we may immediately terminate your participation in the Program.

All Participating Drivers’ participation in the Program will automatically end in the event the Policy is cancelled, terminated or otherwise not renewed.

If your participation in the Program is terminated either by you or us, or if we terminate the Program, we will remove any current Program discount otherwise attributable to each terminated Participating Driver as of the effective date of termination and the Policy premium will be adjusted accordingly. Except where we terminate your license to use the App pursuant to Section 6.1 as a result of your non-compliance with Section 6.6 or where the Program is no longer available, in the event that you decide to re-instate your participation in the Program within 90 days of the effective date of termination of your participation in the Program, whether your participation is terminated by you or us, you will benefit from the same Program discount applicable to you under your Policy prior to termination. Your removal from the Program will not impact any other terms of the Policy; only the Program discounts (if any) will be removed.

5. DISCOUNTS

5.1 Applicability of the Program Discount

The Program discount attributable to you is calculated based on your driving score derived from your Data and is applied to the portion of the premium attributable to you for the following coverages: bodily injury, property damage, accident benefits, uninsured automobile, direct compensation – property damage, all perils, collision, comprehensive, specified perils and OPCF 44R.

An initial discount will automatically be attributed to you when a Named Insured identifies you as wanting to become a Participating Driver. Unless your Enrollment Date is less than 120 days from the date the Policy renewal documents are processed by TDI, the initial discount will be removed at the first Policy renewal date following your Enrollment Date.

If your Enrollment Date is within 120 days from the date the renewal Policy documents are processed by TDI, the initial discount will be removed as of the second Policy renewal date following your Enrollment Date.

Once you meet the Eligibility Requirements for Program discount described in Section 4.3, the Program discount, if any, attributable to you will be applied at the next Policy renewal based on your driving score applicable at the time the renewal Policy documents are processed by TDI. In the event you do not meet the Eligibility Requirements for a Program Discount as described in Section 4.3 above on the effective date of the next Policy renewal, there will be no Program discount attributable to you. Any Program discount will be applicable only to the next Policy renewal term.

5.2 Driving Score

The Data as identified in Section 3 above will be used to generate a driving score that is used to calculate the appropriate Program discount attributable to you for the next Policy renewal. The driving score will be based on your driving behavior namely the following factors: speeding, cornering, accelerating, braking and time of day.

The Data is collected for you for every Trip, whether or not the automobile you are driving is covered under the Policy. As a result, the amount of the Program discount is impacted by your driving behavior during the enrollment period in the Program. If your driving score does not justify a discount for you, there will be no discount attributable to you. The applicability of a Program discount will be confirmed in the Policy renewal documents sent to the Named insured(s).

You will receive your driving score via the App after each Trip. In addition, you can access through the App your average driving score and projected Program discount. The projected Program discount is a projection only and may not be representative of the Program discount applicable when the Policy renews and therefore is not a guarantee of the Program discount to be applied or that there will be a Program discount applied. Future Trips and any non-compliance with these Terms may change the driving score and the applicability of a Program discount.

5.3 Disclaimer of Performance

This data collected for you for every trip is subject to the performance of the system of your mobile device and may vary depending on your mobile device including the platform used, update to the operating system, the data collected and the circumstances of use of your mobile device. For a similar trip, each phone may generate different data and perform differently, which may impact the driving score generated with the data, together with additional information identified in section 3. Tdi, and each of our affiliates, give no representations, warranties, guarantees, or conditions of any kind, whether express, implied, statutory or collateral, or arising from statute, course of dealing, or usage of trade, with respect to the performance of your mobile phone and the data generated by your mobile phone.

6. USE OF THE APP

6.1 License

Provided you comply with these Terms, TD Insurance grants you a revocable, limited, non-transferrable, non-exclusive, personal license to use the App on any mobile device that you own or control and that satisfies the requirements set out in Section 4.2. TD Insurance has the rights to grant you this license to use the App and also has the right to terminate this license at any time, in accordance with these Terms. Any use of the App must also be in accordance with the applicable usage rules set forth in the Apple App Store Terms and Conditions or the Google Play Terms of Service, whichever is applicable.

6.2 Your Responsibilities

Once the App is installed and activated, you must have with you your mobile device on which the App is installed whenever operating any automobile (whether or not the automobile is insured under the Policy). You must not disable or shutdown the App or the mobile device, so that the App can detect and record when you start a Trip. It is your responsibility to ensure that your mobile device's location services function is activated for the App and that your device has sufficient battery life for the App to work properly. If you have enabled biometric authentication on your phone such as Touch ID, all of the individuals whose biometrics are stored on the device will be able to access the App.

6.3 Correcting your Data

You must periodically check your App and exclude trips that the App has incorrectly determined to be Trips, such as trips where you were a passenger and not driving an automobile. You must make any correction within 14 days of a Trip, or that Trip will be deemed attributable to you. It is a violation of these Terms to claim or exclude Trips inaccurately.

6.4 App Modifications

If we upgrade, update or modify the App (including bug fixes, patches and new versions provided to you, the “Modifications”), you may be required to promptly install and use the Modifications in order for you to be able to continue to access and use the App. TD Insurance may provide you with prior notice of the Modifications. However, if the Modifications are for the proper functioning of the App, or safety or security of the App or any systems or networks, then you may not receive prior notice of such Modifications. TD Insurance is not under any obligation to make Modifications.

6.5 Proprietary Rights

The App is licensed, not sold, to you. The App, including all text, graphics, user and visual interfaces, trade-marks, logos, computer code, documentation and other content (collectively, the "Content"), is the exclusive property of its lawful owner and is protected by copyright, trade-mark and other intellectual property laws. TDI also owns the Data gathered by the App, other than your personal information.

6.6 License Restrictions

Except as expressly provided in these Terms, no part of the App or Content may be copied, reproduced, sold, rented, leased, lent, redistributed, sublicensed, republished, reposted or otherwise distributed for public or commercial use. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of, the App or any part of it. You may not use the App for any purpose that is illegal, fraudulent or infringes another person’s rights. You agree to comply with any other requirements, restrictions or limitations provided by TD Insurance upon notice to you. You further agree to comply with any requirements, restrictions or limitations provided by a third party (including the app store provider, your mobile device provider or your wireless services carrier) relating to your use of the App.

6.7 Cellular or Wireless Service

The App transmits Data via your wireless carrier or accessible Wi-Fi network. TDI is not responsible or liable for any charges and expenses associated with the use of the App or any other applications. The availability of the App may occasionally be restricted, interrupted or discontinued due to conditions such as, but not limited to: application design, network coverage, government regulation, or other situations beyond our control.

6.8 Disclaimer of Warranty

This app is provided "as-is," "with all faults," and "as available." tdi, and each of our affiliates, gives no representations, warranties, guarantees, or conditions of any kind, whether express, implied, statutory or collateral, or arising from statute, course of dealing, or usage of trade, including, but not limited to, implied representations, warranties, or conditions of merchantability, merchantable quality, quality and fitness for a particular purpose, title and non-infringement. Tdi does not warrant that the functionality or operation of the app will be secure, uninterrupted or free from error, that any defects in the app will be corrected, or that the app or the server(s) that makes it available are free of viruses or other harmful conditions or components. By using the app on your mobile device, it is possible that the warranties covering your mobile device are voided, that your mobile device may be damaged, that data stored in your mobile device may be corrupted, and that your property may be damaged. You agree that your use of or inability to use the app is at your sole risk.

6.9 Limitation of Liability

You agree that to the extent not prohibited by law, td insurance and its officers, directors, shareholders, employees, agents and subcontractors disclaim all liability, whether based in contract, tort, negligence, strict liability or otherwise, for damages of any kind (including, but not limited to, direct, indirect, incidental, consequential, special, punitive and exemplary damages, and damages for loss of profits, revenue, opportunity, loss of data or business interruption) in any way arising from or relating to the app, your use or inability to use the app, and/or these terms, including interruptions of service or delay in operation or transmission, and/or arising from third party access to personal information input in the app, even if tdi has express knowledge of the possibility of such damages. Tdi will not have any responsibility or liability for the security of your mobile device or for any damage caused to your mobile device arising from use of the app. You agree not to seek to recover any damages of any kind (including, but not limited to, direct, indirect, incidental, consequential, special, punitive or exemplary damages, or damages for loss of profits, revenue, opportunity, loss of data or business interruption) from tdi.

6.10 Compliance with Laws

You agree to comply with all applicable laws and regulations of Canada and other countries ("Laws") when using the App. You will ensure that the App is not (1) exported, directly or indirectly, in violation of any Law, or (2) used for any purpose prohibited by any Law, including, without limitation, nuclear, chemical, or biological weapons proliferation. You further agree that you will not use the App for any purpose prohibited under any Law.

6.11 Submissions

If you want to submit ideas, suggestions or materials (“Submissions”), to TD Insurance regarding the App (or any other particular product or service offered by TD Insurance) through any means whatsoever, you grant to TD Insurance and its contractors and third party service providers an unrestricted, irrevocable, transferable, non-exclusive, perpetual, worldwide license to use, copy, sell, disclose or publish the Submissions for any purpose whatsoever (including developing and marketing products, services or content using the Submissions), and without any requirement for us to provide you with any credit, notice, approval or compensation for any such use. You waive your moral rights in the Submissions.

7. RESPONSIBILITY FOR YOUR MOBILE DEVICE

You are responsible for the care and control of your mobile device and if applicable, password, passcode and verification questions and answers (“User Information”). You must take reasonable steps to safeguard and protect your mobile device and User Information.

You must:

  • keep possession of your mobile device;
  • keep a lock screen or passcode lock (each a “Device Lock”) on your mobile device at all times;
  • keep your User Information separate from the mobile device;
  • keep your User Information strictly confidential and not share it with anyone;
  • take all reasonable precautions to ensure that no one finds out your User Information, including while you key in User Information on your mobile device;
  • avoid User Information and Device Locks that may be easily determined by others, such as birthdays, phone numbers, age, social insurance number, etc.; and
  • ensure that each password or other identifier is unique.

Before you sell, give away, or dispose of your mobile device or SIM card, you must ensure that all personal information stored in the App is deleted.

You are solely responsible for: (i) acquiring any hardware, device, wireless, Internet access and data plan required for you to use the App; and (ii) any fees or other charges imposed by your mobile device provider, wireless services carrier or Internet service provider. It is your responsibility to determine if your mobile device provider, wireless services carrier or Internet service provider supports the App or if your mobile device is capable of accessing the Internet.

You acknowledge that these Terms are between you and TD Insurance and not with the app store provider (i.e. Google Inc. or Apple Inc.). You agree that the app store provider: (a) is not liable to you in any way whatsoever for the distribution, use, performance or non-performance of the App; (b) has no obligation whatsoever to furnish any maintenance and support services to you with respect to the App; (c) is not responsible for addressing any claims you may have relating to the App or your possession or use of the App; (d) is not responsible for any third party claims that the App or your possession or use of the App infringes that third party’s intellectual property rights; and (e) is a third party beneficiary to these Terms solely in respect of this paragraph.

8. IF YOU HAVE A PROBLEM OR CONCERN

If you have a problem or concern, you may call us toll free at 1-866-223-1030. For a more detailed overview of our complaint process, visit us at https://www.tdinsurance.com/customer-service/problem-resolution>https://www.tdinsurance.com/customer-service/problem-resolution.

If you have a complaint regarding a potential violation of a consumer protection law, a public commitment, or an industry code of conduct, you can contact the Financial Consumer Agency of Canada (FCAC) in writing at 6th Floor, Enterprise Building, 427 Laurier Ave. West, Ottawa, Ontario, K1R 1B9. The FCAC can also be contacted by telephone at 1-866-461-3222 (en français 1-866-461-2232) or through its website at www.fcac-acfc.gc.ca. Please note that the FCAC does not become involved in matters of redress or compensation.

9. CONSENT/AGREEMENT

By downloading and activating the App, you represent that you are the Named Insured or an Insured Person under the Policy, and that you agree and consent:

  • to participate in the Program;
  • to comply with the Terms described above, as they apply to you;
  • to the collection, use and disclosure of your personal information, including your Data as set out in these Terms;
  • to the retention and use of your personal information, including your Data as set out in these Terms; and
  • that your non-compliance with these Terms may result in termination of your participation in the Program.

10. APPLICABLE LAW & LANGUAGE

These Terms are governed by the laws of the Province of Ontario exclusive of conflict of law provisions and you attorn to the jurisdiction of the courts of the Province of Ontario with respect to any proceedings arising from these Terms. These Terms are not governed by the United Nations Convention on Contracts for the International Sale of Goods. It is the express wish of the parties that these Terms and any directly or indirectly related documents be drawn up in English. Les parties ont exprimé la volonté expresse que les présentes modalités et tous les documents s’y rattachant directement ou indirectement soient rédigés en anglais.

These Terms constitute an endorsement to your Policy. Except as otherwise provided in these Terms, all limits, terms, conditions, provisions, definitions and exclusions of the Policy shall continue to apply and have full force and effect. If there is a conflict between the Policy and these Terms, these Terms will apply but only to the extent of such conflict.


M. PHOTO BASED ESTIMATES

1. These terms (the "Terms") are a legal agreement between you, the policyholder, or a person or legal entity acting on behalf of the policyholder ("you" or "your"), and the following TD Insurance Companies in Canada: Security National Insurance Company, Primmum insurance Company, TD Home and Auto Insurance Company and TD General Company ("TD Insurance", "we" or "us") for your use of The Photo Based Estimate Web Portal (the "Portal") hosted by our authorized Vendor, Mitchell International, Inc..

By using the Portal, you are taken to have read and agreed to the Terms. In addition, your use of this Portal is subject to the Vendor's terms and Conditions that can be accessed at www.mitchell.com

2. The Portal is a tool/service which enables you to upload photos of the damages to the customer's vehicle. Once uploaded, the pictures are made available to an appraiser for performing an appraisal of said damages as part of the insurance claim settlement (referred to as a "Photo based Estimate ").

3. You will not share the link or allow anyone else to use the link provided to you to access portal.

4. Depending on your mobile device personal preferences, digital photos may capture Metadata which will be collected and may be used by us along with the photo or photos for fraud detection purposes. This Metadata may include but is not limited to some or all the following information:

  •   Date created
  •   Resolution
  •   Camera device type
  •   Location (longitude and latitude)
  •   Whether edits were made to the original photo and when

5. If at any time you do not agree to these Terms, you must cease using the Portal.

6. You could also choose at any time to cease using the Portal and instead, have a regular appraisal performed by contacting an appraiser to book a visit.

7. Photos provided through the Portal must not include any personal identifiable or sensitive information other than the information requested by us.

8. You acknowledge that all photos submitted, accurately reflect the damages to the customer's vehicle and any submission of doctored, altered, fake or misleading photos of the damages would be considered insurance fraud.

9. We reserve the right, at our sole discretion, to request a full appraisal in addition to the Photo based Estimate.

10. From time to time, TD Insurance may establish or modify certain eligibility requirements for Photo based Estimates through the Portal. For example, only certain types of vehicle damages or certain types of claims are eligible for Photo Based Estimates and only certain mobile devices and their respective operating systems support the Portal.

11. To be eligible to use the Portal the vehicle must be drivable and in your possession.

12. Once the photos are successfully sent through the Portal, an email confirmation will be sent to the Mitchell portal. Additional pictures may also be requested by email sent to the Mitchell portal if the pictures provided are inadequate or insufficient to perform the appraisal.

13. You are solely responsible for: (i) acquiring any hardware, device, wireless or Internet access required for you to use the Portal; and (ii) any fees or other charges imposed by your mobile device provider, wireless service carrier or Internet service provider. It is your responsibility to determine if your mobile device provider, wireless service carrier or Internet service provider supports the Portal and if your mobile device can access the Internet.

14. You are granted a limited, revocable, royalty-free, non-transferable, non-exclusive license to use the Portal on a mobile device that you own or control. TD Insurance can terminate this license at any time and with or without any reason. The Portal is licensed, not sold, to you. You must not rent, lease, lend, sell, redistribute or sublicense the Portal. You agree that TD Insurance and its licensors retain all right, title and interest in and to the Portal, including copies and portions of it. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of, the Portal or any part of it. You may not use the Portal for any purpose that is illegal, fraudulent or infringes on another person's rights. You agree to comply with any other requirements, restrictions or limitations provided by TD Insurance upon notice to you. You further agree to comply with any requirements, restrictions or limitations provided by a third party (including the Portal provider, Mitchell) relating to your use of the Portal.

15. To enable us to provide you with this service, you grant to us a royalty-free, irrevocable, perpetual, world-wide, non-exclusive license (including the right to sub-license) to use, copy, publish, modify, disclose and communicate by electronic means Photos you provide to us. You also agree to waive any moral rights you may have in Photos in favor of TD Insurance.

16. YOU AGREE THAT YOUR USE OF OR INABILITY TO USE THE PORTAL IS AT YOUR SOLE RISK. THE PORTAL IS PROVIDED "AS IS"AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT INCLUDING WARRANTIES RELATED TO THE AVAILABILITY OF THE PORTAL APP (INCLUDING NOTIFICATIONS) AND THE ACCURACY OF INFORMATION PROVIDED BY THE PORTAL.

17. YOU AGREE THAT TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL TD INSURANCE AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND SUBCONTRACTORS BE LIABLE FOR ANY DAMAGES (INCLUDING INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUE, OPPORTUNITY, LOSS OF DATA OR BUSINESS INTERRUPTION), ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PORTAL.

18. We may suspend, cancel or block your access to or use of the Portal at any time and for any reason, without notice or liability to you.

IF YOU HAVE A PROBLEM OR CONCERN

19. If you have a problem or concern you may call us toll free at 1-877-734-1288. For a more detailed overview of our complaint process visit us at https://www.tdinsurance.com/customer-service/problem-resolution/problem-resolution.jsp.

20. If you have a complaint regarding a potential violation of a consumer protection law, a public commitment, or an industry code of conduct, you can contact the Financial Consumer Agency of Canada (FCAC) in writing at 6th Floor, Enterprise Building, 427 Laurier Avenue West, Ottawa, Ontario K1R 1B9. The FCAC can also be contacted by telephone at 1-866-461-3222 (en français 1-866-461-2232) or through its web-site at www.canada.ca/en/financial-consumer-agency. The FCAC will determine whether we are in compliance. It will not, however, resolve individual consumer complaints.

21. It is the express wish of the parties that these Terms and any directly or indirectly related documents be drawn up in English. Les parties ont exprimés la volonté expresse que les présentes modalités et tous les documents s'y rattachant directement ou indirectement soient rédigés en anglais.