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

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

For TD Insurance Travel Insurance Distributing Firm:

• CANAM SERVICES D'ASSURANCE (2018) LIMITEE/CANAM INSURANCE SERVICES (2018) ("CanAm")
  Registered in Quebec in the discipline of Damage Insurance and Insurance of persons
  Registration No. 603188

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.

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.

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.

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.

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

TD travel insurance products are group insurance plans underwritten by TD Life Insurance Company 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 Insurance Travel Insurance plans are individual insurance plans administered by Global Excel Management Inc. and its subsidiary, CanAm Insurance Services (2018) Ltd. TD Insurance Multi-Trip All-Inclusive Plan and TD Insurance Trip Cancellation & Interruption Plan are underwritten by TD Life Insurance Company (medical covered causes) and TD Home and Auto Insurance Company (non-medical covered causes). TD Insurance Single-Trip Medical Plan and TD Insurance Multi-Trip Medical Plan are underwritten by TD Life Insurance Company.

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.

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.

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

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 8 and 9.

"Documents" - means the documents enumerated in section 14 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.

2. At the time you ask to begin a relationship with us and during the course of our relationship, we may:

• Share your information with our world-wide affiliates; and
• Collect, use, and disclose your information

as described in the TD Privacy Policy.

4. 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.

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

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

12. 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.

13. 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 15, and You can revoke this Paperless Consent at any time, as set out in Section 17.

14.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.

15. 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.

16. 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.

17.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.

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

19. 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.

20. 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.

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

22. 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.

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

25. 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 Real Time 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 email sent to the email address in Your Account. This confirmation email will be conclusive proof of the use of Your Credentials and of Your Real Time Transaction request.

26. Automated Decisions
Certain Real Time transactions use your personal information to make decisions by using tools to automate the processing of that information, for example, to establish pricing or to process changes to your products. To learn more about the automated decision process, please contact us at TD Insurance Client Services Center at 1-877-777-7136 (University students/Alumni & Professionals) or 1-866-361-2311 (others, general insurance).

27. Real Time 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.

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

29. 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 Real Time Transaction.

30. 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.

• 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.

"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.

4.1 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.

4.2 Driving Score

The Data as identified in Section 10 below 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.

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.

3.1 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 3.2 (Eligibility Requirements for Participation) at all times during the Program. Failure to meet the Eligibility Requirements for Participation set out in Section 3.2 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.

3.2 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 3.4 herein.

3.3 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 3.4.

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 3.4.

3.4 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 licence to use the App pursuant to Section 5.1 as a result of your non-compliance with Section 5.6 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.

4.1 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 3.3, 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 3.3 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.

4.2 Driving Score

The Data as identified in Section 10 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.

5.1 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 3.2. 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.

5.2 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.

5.3 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.

5.4 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.

5.5 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.

5.6 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.

5.7 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.

5.8 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.

5.9 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.

5.10 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.

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.

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.

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