Terms & Conditions

Your access to and continued use of this website (the “Site”) constitutes your acceptance of and compliance with the following terms and conditions (the “Agreement”). If you have not already done so, please take some time to familiarize yourself with these terms and conditions. The use of this website is subject to these terms and conditions, our privacy policy, and all applicable laws. By accessing and using this website, you are accepting these terms and conditions without limitations and agree to be bound by these terms and conditions and all applicable laws.  If you do not agree to these terms and conditions, you should immediately discontinue any use of the Site.

First Acre Insurance Inc. (“First Acre”) reserves the right, in its sole discretion, to modify these terms and conditions at any time without notice to you, and your continuing use of this website following such modifications shall indicate your acceptance of such modifications. You should periodically revisit this page in order to review the latest version of these terms and conditions.

All provisions of this Agreement will be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future law, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision were never a part of this Agreement, and the remaining provisions shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance.

Certain terms and conditions vary depending on the province in which you reside and the particular online services a contracted broker is accessing. Any such variances are expressly noted.

DISCLAIMER

First Acre does not guarantee the quality, accuracy, completeness or timeliness of the information provided. First Acre assumes no obligation to update the information or advise on further developments concerning topics mentioned. Information contained on the Site may contain typographical errors. Information provided may be changed without notice. Access to this Site is provided on an “as is” basis. You should not assume that the Site will be error-free or that the Site will operate without interruption.

First Acre disclaims all warranties, representations and conditions regarding use of the Site or the information provided and all implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice.

The use of the Site is at your own risk. First Acre is not responsible for any content or information contained on the Site, including but not limited to content or information that you may find undesirable or objectionable.

It is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, services or other information provided on this website. The opinions, services and other information provided on this website do not constitute, and First Acre is not rendering, legal, accounting or other professional advice, and First Acre disclaims and does not assume any liability whatsoever with respect to such opinions, services or other information.

First Acre disclaims all liability arising from the use of this website or the materials and information provided on this website by any user, including any losses, damages, lawsuits,

claims or expenses a user may incur as a result of accessing or using this website or such materials or information. In no event shall Frist Acre be liable for any direct, indirect, special,

incidental, consequential or punitive damages arising out of the access or use of this website or the materials and information provided on this website, even if it has been advised of the possibility of such damages.

Without in any way limiting the generality of the foregoing, in no event shall First Acre be liable to you or any person: (1) on account of your or that person’s use or misuse of or reliance on the Site content, the information or other materials accessible on or via the Site; or (2) for any loss or damage suffered as a result or in connection with the failure, malfunction, interruption, change or modification of the Site.

First Acre will not be responsible for any damages you or any third party may suffer as a result of the transmission, storage or receipt of confidential, personal or proprietary information that you make or that you expressly or implicitly authorize First Acre to make, or for any errors or any changes made to any transmitted, stored or received information.

The limitations specified above shall apply regardless of the causes or circumstances giving rise to the claim, even if such claim is based on breach of contract, negligence or other tort, and shall survive a fundamental breach or failure of essential purpose of any limited remedy or this agreement.

RESERVED RIGHTS AND GRANT OF LIMITED LICENCE

As a user of the Site, you are granted a limited, revocable, non- sublicensable license under the intellectual property rights licensable by First Acre to download, view and print the Information solely for your personal, non-commercial use in connection with your use of the Site provided that you shall be fully responsible for any consequences resulting from such use. Any other use of the Information is prohibited. None of the Information may be otherwise copied, reproduced, republished, altered, adapted, modified, published, translated, defaced, transmitted, distributed, displayed sold, or disseminated in any manner or form without the prior written consent of First Acre.

You will not: (1) cover or obscure any banner advertisements on the Site via HTML/CSS, scripting, or any other means; (2) interfere with, disrupt, or create an undue burden on the Site, the networks connected to the Site or take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to run and maintain the Site; (3) bypass any measures used to prevent or restrict access to the Site; (4) introduce software or automated agents to the Site, or access the Site so as to generate automated messages, or to strip or mine data from the Site; or (5) interfere with, disrupt, or modify the functionality of the Site.

First Acre will take appropriate legal action to enforce its rights.

COPYRIGHT AND TRADEMARKS

First Acre either owns or has acquired the necessary licenses to the intellectual property rights. Unless otherwise noted, includes copyright, trademarks, service marks or trade names

in the information set out in this Site, including without limitation all text, HTML code, multimedia clips, images, graphics, icons, Java code, and the selection and arrangement of the contents of the site (collectively the “Information”). As such this Site is protected by copyright, trademark, service mark and other proprietary rights and laws and may not be copied, redistributed, reproduced, republished, stored in any medium, re-transmitted, modified or made public for commercial use, in whole or in part, without the express written consent of First Acre. Users of this website may copy any materials or information provided on this website and display and use such materials or information for their own personal use, but may not republish or reproduce such materials or information in any manner, including electronic reproduction by uploading or downloading for commercial or other uses, without the prior written consent of First Acre. Where the copying or republication of materials or information provided on this website is permitted by these terms and conditions or by the written consent of First Acre, an acknowledgment of the source must be included whenever such materials or information are copied or republished.

Certain names, words, titles, phrases, logos, icons, graphics or designs contained in this website may constitute trade names, registered or unregistered trademarks or service marks of First Acre or third parties. Such trade names, trademarks and service marks are protected by applicable laws, and may not be used except with the prior written consent of First Acre or the applicable third party. Any unauthorized downloading, re-transmission, or other copying or modification of trade names, trademarks and service marks found on this website may be a violation of statutory or common law rights which could subject the violator to legal action. The display of logos on pages of this website does not imply that a license of any kind has been granted to anyone else. First Acre prohibits the use of its logos and registered names as hyperlinks to any other websites without written authorization. All rights reserved.

SPECIFIC ATTRIBUTIONS

The symbols ® and TM designate Canadian registered trademark and unregistered trademark status respectively.

First Acre™, used under license from First Acre Insurance Inc.

PRODUCTS AND SERVICES

No part of the Site should be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on the Site may only be available in certain areas or jurisdictions.

Any products or services mentioned on the Site are made available in accordance with local law and only where they may be lawfully offered for sale.

The information and descriptions contained on this Site are not intended to be complete and accurate descriptions of all terms, conditions and exclusions of the product and services. In

all cases, the product and services shall be governed by the terms and conditions of the applicable insurance policy applicable.

Products and services of First Acre are only offered in jurisdictions where they may be lawfully offered for sale. Not all products and services are available in your province or territory of residence. Discounts, coverage and eligibility vary by province and territory. All products and services are subject to the terms of the applicable agreements and laws that apply. In case of any discrepancy between any such agreement and this website, the agreement will govern. The information on this website 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 a solicitation.

The insurance coverage described in this website is underwritten by First Acre Insurance Inc. or by third party insurance companies which have entered into agreements with First Acre and is administered by First Acre Insurance Inc.

HYPERLINKS

The Site may contain links to other sites. First Acre does not guarantee that any hyperlink provided on this website will be accurate at the time of your access. The website pointed at by a hyperlink provided on this website may be developed and maintained by persons over whom First Acre has no control. First Acre cannot and does not monitor third party websites, and makes no representations or warranties regarding, and assumes no responsibility for, any websites pointed at by a hyperlink provided on this website or otherwise referenced on this website. The inclusion on this website of a hyperlink to a third party website is not an endorsement of, and does not constitute our approval of, the website to which the hyperlink points, the relevant third party, or its goods or services. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These other sites were independently developed by parties other than First Acre and First Acre does not assume responsibility for the accuracy or appropriateness of the Information contained at such sites. In providing links to other sites, First Acre is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the

content of, or maintain any type of editorial control over, such sites. A link to another site should not be construed to mean that First Acre is affiliated or associated with, or is legally

authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.

Any transactions that take place between you and any third party offering products or services on the site are directly with such third party and First Acre will not be held responsible for any loss or damage you may incur as a consequence. First Acre is not responsible for the privacy practices and policies and the legal liabilities of other sites to which this site may provide a link. You use all such links at your own risk. Hyperlinks are provided on this website

solely for your convenience. Accessing a website via a hyperlink provided on this website is entirely at your own risk.

INDEMNITY

You will indemnify and save harmless First Acre from and against any and all losses, claims, damages, actions, causes of action, costs and expenses that First Acre may sustain, incur, suffer or be put to at any time or times as a result of a third party claim or demand that in any way arise out of the use of the Site or out of anything done or omitted to be done by yourself, your servants, employees, agents, trustees, officers, subcontractors, or members relating directly or indirectly to this Site.

CONFIDENTIALITY WARNING

First Acre is committed to respecting the privacy of your personal information. However, the Internet is not a secure medium of communication and privacy cannot be ensured. Internet email is vulnerable to interception and forging. First Acre will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to First Acre through this website, via email or otherwise, or that you expressly or implicitly authorize First Acre to make, or for any errors or any changes made to any transmitted information. First Acre will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to First Acre or any other third party of whom you may have become aware as a result of accessing the Site or by following a link to another site which is found on this Site through the Internet.

COMPUTER VIRUSES

First Acre does not warrant that any information, software or other material accessible through this website is free of viruses, worms, trojan horses or other disruptive, destructive or harmful components. While every effort is made to ensure that all information provided at the Site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and

current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.

LINKING TO THIS SITE

Except as expressly agreed to in writing by First Acre, any linking to the Site from another website is strictly prohibited. You agree that you will not use or permit anyone else to use any, (1) robot, (2)scraper,  (3)spider or (4)other automated devices or means, to access or use the Site for any purpose without the prior express written consent of First Acre.

CONFORMANCE WITH LAW

You agree that your use of the Site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Internet usage restrictions for residents may exist in some jurisdictions.

You agree not to impersonate another person in your use of the Site or the sending of any email to an address listed on the Site.

CHOICE OF LAW

The laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this Agreement notwithstanding any conflict of laws, provisions or your domicile, residence or physical location. You consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to this Agreement.

COOKIES

When you use First Acre’s website, we may use cookies, web beacons, or other technologies, such as Google Analytics, to store Personal Information and/or non-personal information. This enables us to:

• Present interest-based ads to you;
• Present content relevant to your province of residence;
• Pre-populate data fields for you if you have previously entered information into that data field in the past;
• Analyze browsing behaviour to improve our online content

Please refer to the Privacy page to learn more about how your personal information is processed.

For additional information on Google Analytics please visit: www.google.com/policies/privacy/partners/

AVAILABILITY (Website & Broker Distribution Online Services)

First Acre does not warrant that this website will always be available or that it will meet your requirements, nor does it warrant that access will not be interrupted, or that there will be no delays, failures, errors or omissions, or loss of transmitted information. First Acre assumes no liability for loss or damages (including direct, indirect, special, incidental, consequential or punitive damages) that may result from any of the foregoing.

BROKER DISTRIBUTION ONLINE QUOTES AND ONLINE INSURANCE PURCHASES

Any quotes provided by the tools contained on this website are based on the information you have provided and include any fees or applicable taxes. For online purchases of insurance the amount of applicable taxes will be displayed at checkout prior to making the payment.

For your convenience, we have preselected the coverages, limits, and deductibles most often chosen by our clients. You can customize the coverage to better suit your clients needs and operation. You must provide us with all known facts which are likely to materially influence us in the appraisal of the risk, the setting of the premium or our decision to provide you with a quote.

The purchase of insurance using this website, where available, is limited to First Acre contracted and select brokers across Canada. Any insurance policy purchased through this website, where such purchases are available, must be for your client’s benefit. Your client and any third party who is an insured under any insurance policy purchased through this website are bound by the terms and conditions of the policy without qualification. A copy of the insurance policy will be made immediately available to you following the purchase through this website, please read it carefully after making the purchase. We recommend that you save a local copy of the insurance policy on your device for your records. Any insurance policy purchased through this website is exclusively based on information you provided us. Your client must pay the full amount of the premium due on the invoice and applicable sales taxes displayed at checkout, and such payment must not be subsequently reversed, in order for the policy to be validly issued and in force.

Please be advised that in requesting an online quote or purchasing online a policy using this website your client is consenting to the collection, use and disclosure of their personal information, and such collection use and disclosure shall be governed by our privacy policy. Where you provide us with the personal information of a third party, you confirm that such third party has authorized you to disclose such personal information to us. For more information on our privacy policy and the third party sources that may be involved, please contact us at 1-343-321-1830.

 

ADDITIONAL TERMS AND CONDITIONS –BROKER DISTRIBUTION ONLINE SERVICES (INSURANCE ONLY)

For the purposes of the following additional terms and conditions, the following terms will have the following meanings:

“Credentials” means your username, password, and any other identifying factors that you will be required to create in order to access the Online Services. If you have enabled Touch ID, Face ID or other biometric recognition feature on an electronic device to sign into Online Services, your credentials include any fingerprint or other biometric marker stored on such device, and the password to such device.

“Online Services” means the online services offered by First Acre through www.firstacre.ca and any other online service offered to you by First Acre.

USE OF ONLINE SERVICES

You may use Online Services only in accordance with these terms and conditions. You shall not use Online Services for illegal, fraudulent or defamatory purposes, or take any steps that could undermine the security or integrity of Online Services, or cause harm to, or threaten to harm, any other user of Online Services. You authorize First Acre to accept, and agree to be responsible for, any electronic instructions given by you through Online Services to the same extent as if you had given signed, written instructions to First Acre. Online Services is protected by information security practices that are standard in the financial services industry, however,

there is always a risk that your Online Services session may be compromised due to circumstances beyond our control. By using Online Services, you agree to accept this risk.

CHANGE TERMS

1. You may request certain changes to your client’s policy through Online Services (each a “Change“).
2. You are solely responsible for all Changes you request through Online Services and all consequences of such Changes.
3. Your client agrees to pay any increased premiums and applicable taxes resulting from a Change made by you through Online Services.
4. Any Change requested will be processed by First Acre immediately.
5. The effective date of a Change requested through Online Services will be confirmed to you through Online Services and by email. The effective date of certain Changes may be future dated.

GENERAL TERMS

1. The summary information presented in Online Services is a representation of your client’s coverages and other pertinent details about your client’s coverages. This information is not a declarations page, policy, endorsement or otherwise intended to form part of your contract of insurance. Recent changes to the policy(ies) may not be reflected. In the event of any discrepancy between the information provided in Online Services and the policy(ies), the terms of the policy(ies) shall prevail. Please refer to your client’s insurance policies for the exact extent of your client’s coverage, limits, deductibles, conditions, and limitations that apply to your client. If you have any questions or require further information, please contact your Broker Distribution representative.
2. You shall advise us promptly of any changes to the email address you provided when you registered for Online Services.
3. The most recent version of your client’s insurance documents will be available online through Online Services. We recommend that you save copies of your client’s documents to keep a history of your transactions, and so that you can refer to them later on if needed.

CREDENTIALS

DO NOT SHARE YOUR CREDENTIALS WITH ANYONE. You must keep your Credentials confidential at all times, and take all reasonable precautions to prevent your Credentials from being discovered by, disclosed to, or used by, a third party. Wherever possible, you should avoid accessing Online Services through a public computer, or over a public or unsecured network. If you suspect that your Credentials have been discovered by, disclosed to, or used by a third party, you should contact First Acre immediately.

If you have enabled Touch ID, Face ID or any other biometric recognition feature on an electronic device to sign into Online Services, you must ensure that only your fingerprints or other biometric markers are stored on such device, and understand that a fingerprint or other biometric marker of another person that is stored on such device can be used to sign into Online Services. Accordingly, to prevent any other person from registering their fingerprint or other biometric marker on your electronic device, you must ensure that your electronic device is kept physically secure and protected by a strong passcode and other security features at all times. You understand that any Touch ID, Face ID or other biometric marker authentication is performed by First Acre by interfacing with the relevant feature of your electronic device, and you agree to that process. You acknowledge that the Touch ID, Face ID or other biometric recognition feature of your electronic device is not provided by First Acre, and that First Acre makes no representation or warranty regarding the functionality or security of such feature.

LIMITATION OF LIABILITY

First Acre shall not be responsible or liable to you or to others for any direct, indirect, consequential or special damages, including without limitation all losses, costs, or expenses, arising from your use of, or inability to access, Online Services.

CANCELLATION OF ONLINE SERVICES

You may cancel your Online Services account at any time through Online Services or by calling us. We may suspend or refuse to provide Online Services to you at any time without notice.