TD Insurance Legal
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 brokers and Agencies:
- Meloche Monnex Financial Services Inc.
- Meloche Monnex Insurance and Financial Services Inc.
- TD Insurance Direct Agency Inc. and
- TD Assurance Agency Inc.
"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, Meloche Monnex Financial Services Inc. in Ontario 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.
Information or data contained in this website is not guaranteed to be timely, current, accurate, or complete and is subject to change without notice. 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.
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.
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.
TD Term Life Insurance products are not available in the province of Quebec.
Group insurance products are available exclusively to TD Bank Group customers.
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.
Wide Horizons Solution® travel insurance is administered by RSA Travel Insurance inc.. and is underwritten by Royal & Sun Alliance Insurance Company of Canada. Medical and claims assistance, claims payment and administrative services are provided by the administrator described in the insurance policies.
TD Insurance group travel insurance products are underwritten by TD Life Insurance Company ("TD Life") and/or TD Home and Auto Insurance Company. Medical and claims assistance, claims payment and administrative services are provided by the administrator described in the insurance policies.
Balance Protection insurance products are underwritten by American Bankers Insurance Company of Florida and American Bankers Life Assurance Company of Florida (“ABLAC”) and TD Life.ABLAC acts as administrator for TD Life.
TD Accident and Sickness group insurance plans are underwritten and administered by TD Life, except as specified herein. The Hospital Indemnity Benefit of Critical Accident Recovery Plan Plus is provided by TD Life, all other coverages in this plan provided by Sun Life Assurance Company of Canada.
TD Term Life insurance products are underwritten by TD Life.
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.
Business Credit Life Insurance is underwritten by Sun Life Assurance Company of Canada and TD Life, and is administered by TD Life.
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. TD Insurance cannot assume any responsibility for any injury, harm or damage you may experience or incur by sending personal or confidential information to TD Insurance over the Internet by email, or if we send such information at your request.
Disclaimer of liability
TD Insurance is not responsible in any way for any damages, (direct, indirect, incidental special, economic, consequential, exemplary or punitive) or harm suffered or incurred by anyone arising out of or in connection with:
- The use or inability to use this website, any of its content or any Web browser;
- Any error, negligence, interruption, omission, or delay in information, data, or quotes contained in or displayed on this website;
- TD Insurance’s failure to take corrective measures;
- Insurance Products;
Links to other sites
References in this website to third parties’ goods or services are not endorsements or approval of such goods or services; links to other websites are not endorsements or approvals of such sites, the third parties named therein, or their products and services, nor is any liability assumed for inaccuracies contained therein, or for incompatibility, non-suitability, viral infection, worms, Trojan horses, or other destructive/disruptive components on or from such sites. You should always use appropriate anti-virus or other protective software to protect your data and equipment.
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.
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.
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:
1. Changes to terms
2. Reservation of rights
The following terms and conditions, and any amendments (the “Terms”) are a legal agreement between you (“you” or “your”) and TD Insurance (“TDI”, “we” or “us”) for your use of the TD Insurance Mobile Application (“Application”).
It is important that you read and understand these Terms. By clicking the “I agree” button or by using the Application, you are taken to have read and agreed to these Terms. If you do not agree with these Terms, you must not use the Application. These Terms will apply every time you use the Application.
INFORMATION ABOUT THE TDI MOBILE APPLICATION
1. The Application is a tool that namely will enable you to use mobile devices (each a “Mobile Device”) to:
- Obtain information on our insurance products and services;
- Access insurance quoters;
- Record the details of an accident and submit your claim;
- Store a copy of your Auto Insurance certificate (Pink Card)
We may suspend, cancel or block your access to or use of the Application at any time and for any reason, without notice or liability to you.
2. The terms of the agreements that you entered into or may enter into with TD Insurance for a particular product or service, as such agreements are amended or replaced from time to time (the “TDI Agreements”) apply to your use of the Application. These Terms are in addition to and do not in any way amend or replace the TDI Agreements that apply to your particular product or service, unless we have specifically advised you in these Terms. Nothing in these Terms changes your responsibilities under the TDI Agreements. If there is a conflict between the terms of the TDI Agreements and these Terms, these Terms will apply but only to the extent of the conflict.
CARE AND CONTROL OF YOUR MOBILE DEVICE, TD INSURANCE MOBILE APPLICATION AND USER INFORMATION
3. 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 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
4. Before you sell, give away, or dispose of your Mobile Device or SIM Card, you must ensure that all personal information stored in the Application is deleted.
RESPONSIBILITY FOR YOUR MOBILE DEVICE AND TO YOUR MOBILE DEVICE PROVIDER
5. You are solely responsible for: (i) acquiring any hardware, device, wireless or Internet access required for you to use the Application; 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 Application or if your Mobile Device is capable of accessing the Internet.
6. You acknowledge that these Terms are between you and TD Insurance and not with the app store provider (i.e. Research In Motion E-Commerce Inc. (Blackberry), 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 Application; (b) has no obligation whatsoever to furnish any maintenance and support services to you with respect to the Application; (c) is not responsible for addressing any claims you may have relating to the Application or your possession or use of the Application; (d) is not responsible for any third party claims that the Application or your possession or use of the Application infringes that third party’s intellectual property rights; and (e) is a third party beneficiary to these Terms solely in respect of this Section 6.
INSTALLING AND USING MODIFICATIONS TO THE APPLICATION
7. If we upgrade, update or modify the Application (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 Application. TD Insurance may provide you with prior notice of the Modifications. However, if the Modifications are for the proper functioning of the Application, or safety or security of the Application or any systems or networks, TD Insurance may not provide you with prior notice. TD insurance is under no obligation to make Modifications.
8. You are granted a limited, revocable, non-transferable, non-exclusive license to use the Application 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 Application is licensed, not sold, to you. You must not rent, lease, lend, sell, redistribute or sublicense the Application. You agree that TD Insurance retains all right, title and interest in and to the Application including copies and portions of it. You may not decompile, reverse engineer, disassemble, and attempt to derive the source code of, modify, or create derivative works of, the Application or any part of it. You may not use the Application 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 Application.
9. If you want to submit ideas, suggestions or materials to TD Insurance regarding the Application (or any other particular product or service offered by TD Insurance (“Submissions”), 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.
POSSIBLE EFFECTS OF INSTALLATION, REMOVAL OR USAGE OF THE APPLICATION AND DISCLAIMER OF DAMAGES AND WARRANTY
10. BY USING THE APPLICATION 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.
LIMITATION OF LIABILITY
11. 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 APPLICATION, HOWEVER CAUSED.
IF YOU HAVE A PROBLEM OR CONCERN
12. If you have a problem or concern you may call us toll free at
13. 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
TERMS DRAWN UP IN ENGLISH
14. It is the express wish of the parties that these Terms and any directly or indirectly related documents are 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.
CHANGES TO THESE TERMS
15. We may add to or change the provisions of these Terms at any time. We will notify you of any additions or changes to these Terms by posting the notice on www.td.com/to-our-customers/index.jsp or we may choose to send you notice of those additions or changes by other means. Once we provide you with notice, the Terms are amended and you accept the changes as of the effective date of the notice. If you do not agree with these Terms, as amended, you must not use the Application. You may review the most current version of the Terms at any time at www.td.com/to-our-customers/index.jsp or by selecting the “Legal” link at the bottom of the screen.
16. For the purposes of the Application, TD Insurance will collect information you provide to us including, IP address, geo-location (if enabled on your device), photos you selected in your mobile device photo gallery Photos (if enabled on your device) and other information arising from your use of the Application (collectively called “Mobile Data”).
PHOTO BASED ESTIMATES
1. These terms (the "Terms") are a legal agreement between you ("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
- 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 http://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.fcac-acfc.gc.ca. 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.