Terms of Service

Zensurance Inc. (“Zensurance”, “we”, “us”, “our”) welcomes you (“you” or the “User”) to its website located at www.zensurance.com (the “Website”). Please read the following Website terms of use (“Terms of Use”) before using the Website or any services that may be made available through the Website to the User, including but not limited to i) the Zensurance insurance advisory services and the online platform (the “Services”), ii) any other website owned or operated by or on behalf of Zensurance, or iii) any Zensurance software applications (the “Apps”)(collectively the Website, and Apps are the “Online Properties”). By accessing and using the Online Properties or Services by any means (computer, tablet, phone or any other device), you agree to be bound by all the Terms of Use set forth herein. These Terms of Use constitute a legal agreement between Zensurance and the User. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOUR SOLE RECOURSE IS TO LEAVE THE ONLINE PROPERTIES IMMEDIATELY. A COPY OF THESE TERMS OF USE MAY BE DOWNLOADED, SAVED AND PRINTED FOR YOUR REFERENCE.
IF YOU ARE USING THE ONLINE PROPERTIES OR SERVICES ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, THEN YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS OF USE.

If you are an agent or broker of Zensurance, certain agent-specific or broker-specific terms and conditions may apply to you and may supersede these Terms of Use.

OWNERSHIP / RESTRICTIONS ON USE

The Website and Services are owned and operated by Zensurance. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Online Properties (collectively, the “Content”) contained in the Online Properties and Services are proprietary to Zensurance, its affiliates and/or third-party licensors. Each affiliated entity of Zensurance is a third party beneficiary to these Terms of Use with the full right to enforce the terms hereof. The Content is protected by Canadian, United States and international copyright and trademark laws.
Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Zensurance. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Zensurance. To obtain written consent for such reproduction, please contact us at info@zensurance.com.

REGISTRATION AND PASSWORDS

To access certain portions of the Online Properties or the Services, including your account, you may be asked to complete an online registration form. In consideration for your use of the Online Properties and the Services provided, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website, the Apps or the Services may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
Upon registration, you will choose a username and password. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on the Online Properties and the Services under such password or username. You agree to immediately notify Zensurance of any unauthorized use of your password or username or any other breach of security.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Online Properties or Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Your provision of registration information and any submissions you make to the Online Properties and the Services through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums and bulletin boards, (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.

SUBMISSIONS

You represent and warrant that any information you provide through or in connection with the Online Properties (each, a “Submission”) or Services is and will remain accurate and complete, and you will update such information as needed. For each Submission you make, you hereby grant to Zensurance a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose.
THE ABOVE LICENSE GRANT APPLIES TO ALL SUBMISSIONS; BUT, FOR THE AVOIDANCE OF DOUBT, ANY PERSONAL DATA SUBMITTED THROUGH THE ONLINE PROPERTIES REMAINS SUBJECT TO THE ZENSURANCE PRIVACY POLICY.

TRANSACTIONS

Zensurance may make available the ability to make payments in connection with certain Products through the Online Properties (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to Zensurance the right to provide such information to a third party for purposes of facilitating Transactions. You agree to pay all charges incurred by you or on your behalf through the Online Properties and Services, at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders and payments by e-mail, the receipt of an e-mail confirmation does not constitute our acceptance of an order or payment, or our confirmation of an offer to sell a Product.

APP LIMITED LICENSE

The App is licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for so long as your are permitted by Zensurance to use the App, Zensurance hereby permits you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a mobile device that you own or control.
THIRD PARTY DISCLAIMER
It is our goal to provide increased value to visitors to the Online Properties. The Online Properties may make available listings, links, services, information, texts, graphics and descriptions and images of goods or services (collectively, “Products”). Such Products may be made available by third parties (“Third Party Products”). THE ONLINE PROPERTIES AND ANY PRODUCT AND THIRD PARTY PRODUCTS ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. ZENSURANCE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE ONLINE PROPERTIES AND ANY PRODUCTS AND THIRD PARTY PRODUCTS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION: THAT THE ONLINE PROPERTIES WILL BE UPDATED, COMPLETE, CORRECT, OR SECURE; AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE ON BEHALF OF ZENSURANCE AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”).
The links which we might place on our Online Properties do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites. YOUR USE OF THIRD PARTY PRODUCTS IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY PRODUCTS (SUCH AS TERMS OF USE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY PRODUCTS).

MARKETING OFFERS

In connection with your use of the Online Properties or Services, we may send you marketing offers about third party financial products or services that may be of interest to you (“Third Party Offers”). Zensurance makes no representations or guarantees regarding your eligibility or qualification for such Third Party Offers. If you have any questions regarding any Third Party Offers, you must contact the third party directly. You understand and agree that Zensurance is merely providing you with information on Third Party Offers that may be of interest to you, and that Zensurance has no control over or responsibility for the Third Party Offers or any loss that you may suffer as a result of the use of such Third Party Offers. You should exercise your own judgment and obtain any expert advice you consider necessary prior to entering into an arrangement with a third party. The Third-Party disclaimer above applies to Third Party Offers in addition to this paragraph.

USER CODE OF CONDUCT

As a condition of your continued access to and use of this Website or the Services, you agree to abide by all applicable federal, provincial, state, territorial and other applicable laws and regulations, in addition to the “Code of Conduct” set forth below.
Specifically, in addition, and without limiting the foregoing, you agree not to:
a) upload, post, e-mail or otherwise transmit any material that:
i. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
ii. infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
iii. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or an unfair product comparison; or
iv. contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
b) harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website or Services, including e-mail addresses, without the express consent of such users;
c) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website or Services;
d) attempt to gain unauthorized access to the Website or Services, other computer systems or networks connected to the Website, through password mining or any other means;
e) interfere with or disrupt networks or servers connected to the Website or Services or violate the regulations, policies or procedures of such networks;
f) use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website or Services; and
g) use any robot/bot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather content of the Online Properties, or reproduce or circumvent the navigational structure or presentation of the Online Properties.

DISCLAIMER / LIMITATION OF LIABILITY

ZENSURANCE AND AFFILATED ENTITIES WILL NOT BE LIABLE FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS) BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, ZENSURANCE AND THE AFFILIATED ENTITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE ONLINE PROPERTIES OR FROM ANY PRODUCTS OR THIRD PARTY PRODUCTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE ONLINE PROPERTIES OR ANY PRODUCTS OR THIRD PARTY PRODUCTS IS TO STOP USING THE ONLINE PROPERTIES. THE MAXIMUM AGGREGATE LIABILITY OF ZENSURANCE AND THE AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, IN RESPECT OF OR RELATED TO YOUR USE OF THESE TERMS OF USE AND THE ONLINE PROPERTIES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE TEN DOLLARS ($10.)(CAD). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE ON BEHALF OF ZENSURANCE AND THE AFFILIATED ENTITIES.
While Zensurance uses reasonable efforts to include accurate and up-to-date information on this website, errors or omissions sometimes occur. Zensurance makes no warranties or representations as to the accuracy of the content of this website, and the information contained herein is intended for information purposes only, unless specifically stated elsewhere, and for a specific section or function on the website.
Applicable law may not allow for limitations on certain warranties, or exclusions or limitations of certain damages; if such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

NO ADVICE

Information on this site is for informational purposes only and does not constitute financial, legal or other advice to you and should not be relied upon in that regard, unless specifically stated elsewhere, and for a specific section or function on the website.

INDEMNITY

You agree to indemnify and hold harmless Zensurance, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including legal and accounting fees), arising out of or resulting from your (or anyone acting under your password or username) (a) use of the Online Properties or Services; and (b) any violation or alleged violation by you of these Terms of Use.

PRIVACY

Please review our Privacy Policy for information on the manner in which we collect, use, disclose and otherwise manage your personal information (https://www.zensurance.com/privacy-policy).

CONTESTS

From time to time we may offer and/or co-sponsor contests or promotions on the Online Properties or the Services. Each of these activities shall be governed by specific rules accessible from the pages of the Online Properties or Services offering the promotion or when you submit your entry.

CHANGES AND TERMINATION

Zensurance reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Online Properties or Services (or any part thereof) with or without notice. Further, Zensurance reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent and acceptance to be bound by such changes, with continued provision of the use of the Website constituting consideration from Zensurance to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any Content available through the Website, is to stop visiting and using the Website.

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

Zensurance and the Lotus Flower Logo are trademarks of Zensurance Inc.. Other marks, graphics, typefaces, trademarks and logos appearing on the Online Properties and the Services are trademarks or trade dress of Zensurance. All other trademarks appearing on the Online Properties and the Services are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
More specifically, you understand and agree that the Online Properties and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Zensurance, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

APPLICABLE LAWS

The terms of these Terms of Use are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflict of laws provisions thereto. In the event of litigation, the parties consent to the jurisdiction of the courts in the Province of Ontario, in the City of Toronto, unless another forum is consented to by all parties in writing. The Online Properties and Products (as defined above) may not be appropriate or available for use in some non-Canadian jurisdictions. You must comply with all applicable laws, rules and regulations in using the Online Properties and Products.

SEVERABILITY & WAIVER

If any provision of these Terms of Use is invalid, illegal, or for any reason unenforceable in any jurisdiction, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and any and all other legal notices or statements posted on the Online Properties constitute the entire agreement between you and Zensurance with respect to the use of the Online Properties, including the Content. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

APPLE-SPECIFIC TERMS

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms of Use and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Zensurance in accordance with the “Contact Zensurance” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance of the terms and conditions of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof; notwithstanding the foregoing, Zensurance’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms of Use is not subject to the consent of any third party.

GOOGLE MAPS SPECIFIC TERMS

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of the Google Maps functionality that may be embedded in the App. Your use of such functionality is governed by the Google Maps/Earth Additional Terms of Service, which are available at http://www.google.com/help/terms_maps.html. By using such functionality, you are agreeing to be bound by Google’s Terms of Service.

MICROSOFT BING MAPS SPECIFIC TERMS

In addition to your agreement with the foregoing terms and conditions, your use of any Bing Maps functionality embedded within the Online Properties shall be subject to the Terms of Use found at http://www.microsoft.com/maps/assets/docs/terms.aspx.

AMAZON ALEXA SKILLS SPECIFIC TERMS

In addition to your agreement with the foregoing Terms of Use, the following provisions apply with respect to your use of any Alexa Skills made available by Zensurance (the “Skill”). The Skills are a type of App that enable voice-driven interaction with Zensurance through devices that connect to the Alexa Voice Service (“Alexa”), such as the Amazon Echo Dot, Amazon Echo, Amazon Fire TV, and any device that has the Alexa app or is otherwise connected to Alexa (“Connected Devices”). Once you’ve enabled the Skill, you can interact with Zensurance by simply using your voice.

Zensurance may make available two types of Skills, General Skills and Linked Skills. “General Skills” are Skills that Zensurance makes generally available and don’t require you to be a Zensurance policyholder to use. “Linked Skills” are linked to an eligible Zensurance online account. Linked Skills may not be available in some parts of Canada or for all policy types. By enabling a Skill, you represent that you have the power, authority and capacity to accept these Alexa Skills Terms and enable the Skill. You can unlink your account from a Linked Skill by disabling the Linked Skill. If you re-enable a Linked Skill, you will have to re-link your account.

To use the Skill, you have to speak commands or questions to Alexa. These are considered “Submissions” under these Terms of Use. Zensurance doesn’t guarantee that Alexa will hear you correctly or accurately translate your question or command. Please do not send Submissions through Alexa that the Skill cannot recognize. You will receive responses to your Submissions out loud from Alexa. Zensurance is not responsible if any third parties overhear your commands, questions or responses. Any communication to Zensurance through Alexa will be treated by Zensurance as a communication authorized by you. And any communication from Zensurance through Alexa in response to a request received from your Connected Device will be treated by Zensurance as a communication to you. It is possible that Alexa (and the equipment Alexa is installed on) and/or Amazon will record your interactions with the Skill or with Alexa and collect data and information about your use of the Skill and Alexa. Consult your agreements with Amazon to learn more about how Amazon and your Alexa-enabled device treat those interactions.

By enabling the Skill, you are giving Zensurance permission to perform the actions and share with Amazon the information communicated to Zensurance or requested from Zensurance. All communications using the Skill go through Amazon and you expressly are agreeing to this requirement.

Once a Skill is enabled, it is possible for anyone to use the Connected Device to use the Skill. It is solely your responsibility to maintain the physical security of your Connected Devices. If the Skill gives you the option of assigning a PIN number, you should assign a PIN number and keep your PIN number secure. You are ultimately responsible for any actions or activity initiated through the Skill.

A Linked Skill may allow you to make payments to Zensurance, such as for your policy premium. By using a Linked Skill to make a payment, you authorize Zensurance to initiate payment(s) in the specified amounts. Any payments using the Skill will be initiated on the date(s) you direct Alexa to do so, but the timing of the withdrawal from your payment account will be based on the financial institution’s processing schedule.

Zensurance is not responsible for, and does not provide any support or assistance for, Alexa, Connected Devices, or for any other hardware or software that Zensurance did not design or write. If you have questions or issues with Alexa, please contact Amazon.

CONTACT ZENSURANCE
if you have a question or comment, please see the Contact Us page on our website for further information on who to contact. If you have a complaint regarding the Online Properties, please see our Complaints webpage for further information. If you have any accessibility issues, please see the Zensurance accessibility page.
If you have any questions or comments regarding these Terms of Use please contact us at info@zensurance.com.
Last Updated April 28th, 2022.

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