TERMS & CONDITIONS
1.1 The Terms and Conditions (“Terms”, “Terms and Conditions”) set out in this agreement govern your access to, and use of, the website, products and services of Foxquilt Insurance Services Inc. (“Foxquilt”, “us”, “we”, or “our”).
1.2 You agree to read these Terms and Conditions carefully before using the foxquilt.com website and/or the Foxquilt mobile application (the "Service") operated by us. You may download, save or print a copy of these Terms and Conditions for your reference.
1.3 Your access to and use of the Foxquilt website or Service is conditional upon your acceptance of, and compliance with, these Terms. These Terms apply to all visitors, users and others who access or use the Service.
2.1 You are free to stop using the website or the Service at any time upon providing us with ten (10) days’ notice.
2.2 We reserve the right to suspend or terminate your access to the Service, by sending notice to you, if:
2.1.1 You breach any of the Terms, or
2.1.2 You use any of the Services in a manner that causes risk of harm or loss to Foxquilt or other users, or
2.1.3 We assess that there has been no activity on your account for a period of twelve (12) months .
2.3 Foxquilt will notify you via email, at the email address associated with your account, of the reason that prompted Foxquilt to suspend or terminate your access to the website and/or Service and permit you the opportunity to rectify the issue to Foxquilt’s sole satisfaction.
2.4 Your failure to rectify the breach or improper use of the website and/or the Service within ten (10) days of receipt of the notice from us, will result in your access being immediately terminated.
3. USER ACCOUNT, REGISTRATION AND PASSWORDS.
3.1 As a user, you agree to:
3.1.1 provide true, accurate and complete information when registering for your user account.
3.1.2 up-date any information that you provided at registration, that has become out of date since registering your account, as soon as possible.
3.1.3 create an account to access our website and choose an individual username and password.
3.2 You acknowledge that you are individually responsible for keeping your account username and password confidential, including any activity associated with your username and password. You also agree to advise Foxquilt of any unauthorized activity on your account, or any other use of your password or username, that is a breach of security.
4.1 You can purchase products, services or subscriptions made available through the Service ("Purchase"). An outline of the products, services and/or subscriptions, and their associated costs, is available at Who We Insure and What We Insure.
5. FEES AND PAYMENTS.
5.2 All sums due and payable to Foxquilt under this agreement shall be paid by you by credit card or electronic funds transfer to such bank account as Foxquilt may nominate.
5.3 All fees are exclusive of any taxes or similar assessments and you will be responsible for payment of all relevant taxes and/or currency exchanges for your Purchase.
5.4 If you fail to pay for any Purchases, your account will be frozen and inaccessible until payment is made.
5.5 On termination of your account, Foxquilt will issue a final invoice to you for any outstanding fee(s) for Purchase(s) made by you.
5.6 Any portion of any outstanding fee(s) that is not paid when due and payable will accrue interest in accordance with applicable law.
5.7 Foxquilt reserves the absolute right to accept or decline any payment made in any form.
5.9 Your statutory rights are unaffected by these Terms.
7. ELECTRONIC TRANSACTIONS.
This is provided in compliance with the Uniform Electronic Transaction Act (UETA). If you enter into a transaction with us via our Website, you acknowledge that you have read and agree to the following terms:
“Communications” means all the information that we are required to provide to you by law, or as reasonably necessary to administer your Contract, which includes, but is not limited to, your application, declarations page, Policy, certificate of insurance, terms and conditions, responses to claims, transaction history, privacy policies, billing statements, services, notices and disclosures about changes in the terms of your Contract.
“Contract” means a Policy or any other product or service requested by you and provided by us.
“Policy” means a written contract of insurance, or written agreement effecting insurance, or the certificate thereof, and includes all clauses, riders or endorsements and declarations pages.
7.2 Scope of Communications to be Provided in Electronic Form
You agree that we may provide you with any Communication in electronic format, and that we may discontinue sending paper Communications to you (including paper communications required to be sent via U.S. mail), unless and until you withdraw your consent as described below or, at our option, upon notification by us to you. You further acknowledge and consent that we may authorize an agent to deliver certain Communications to you on our behalf and perform other services to help facilitate the delivery of Communications to you.
7.3 Method of Providing Communications to You in Electronic Format
All Communications that we provide to you in electronic format will be provided by one or more of the following methods: (i) e-mail; or (ii) by access to a secure website that we will generally designate in advance for such purpose, and may require log-in to access the information. Additional Communication may come from us to you: via phone, chat, chatbot or text messaging. We will provide a particular Communication in writing if required by law to do so.
7.4 How to Withdraw Consent
You may withdraw your consent to receive electronic Communications by reaching out through our Contact Us section of our Website. Withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal. Termination of your consent to conduct business electronically will not affect legal enforceability of any Contract provided to you.
7.5 How to Update Your Contact Information
It is your responsibility to provide us with a true, accurate and complete e-mail address, contact, and other information related to these Website Terms and your Contract, and to maintain and promptly update any changes in this information. You can update your information by reaching out through our Contact Us section of our Website. Please do not send confidential information to us via e-mail because we cannot guarantee that the transmission will be secure.
7.6 Hardware and Software Requirements
In order to access, view and retain electronic Communications from us, you must have:
- Access to the Internet;
- An up-to-date device or devices (e.g., computer, Smartphone, tablet, etc.) suitable for connecting to the Internet;
- An up-to-date Internet browser to access your Communications;
- A valid e-mail account and software to access it;
- Software that enables you to view files in Portable Document Format (“PDF”);
- Local, electronic storage capacity to retain our Communications and/or a printer to print them.
7.7 Requesting Paper Copies
When you consent to receive Communications electronically, you should not expect to receive a paper copy of any Communication, unless you request a paper copy, a paper or other written copy is required by law, or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail one to you. To request a paper copy, you may do so by reaching out through our Contact Us section of our Website.
8. THIRD-PARTY CONTENT AND/OR LINKS TO THIRD-PARTY WEBSITES.
8.1 Our Service may contain advertisements or offers for, or links to, Third-Party websites, products or services that may be of interest to you but that are not owned or controlled by Foxquilt. We make no representations or guarantees of your eligibility or qualification for Third-Party products or services.
8.2 You agree that Foxquilt is not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or that you may suffer in connection with, your use of, or reliance on, any Third-Party content, offers, goods, products or services available on or through any such websites or services.
8.3 You should exercise your own judgement and obtain any expert legal advice you deem necessary prior to entering into any arrangement with a Third-Party.
8.4 You acknowledge that Foxquilt does not warrant, represent, endorse, support or guarantee the completeness, truthfulness, accuracy, reliability, performance, fitness for purpose or any other attributes of any Third-Party content, products or services, nor shall Foxquilt be responsible for reviewing or attempting to verify the accuracy of any Third-Party content. You also acknowledge that Foxquilt has no control over, and assumes no responsibility for, the privacy policies or practices of any Third-Party websites or services.
8.5 Any links that we may place on our website or may be included in the Service, does not imply that Foxquilt sponsors or is affiliated or associated with, or has been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials of, said Third-Party.
9.1 We reserve the right to offer and/or co-sponsor contests or promotions on our website or the Service.
9.2 Each offer, contest or promotion shall be governed by individual rules specific to the offer, contest or promotion, which rules shall also be available on our website or Service or available to you after you submit your entry.
9.3 Your participation in any contests or promotion offered by us is strictly voluntary and Foxquilt is not liable or responsible for any damage or loss, either directly or indirectly, for any damage or loss caused or alleged to be caused by, or that you may suffer, in connection with your participation in a contest or promotion offered and/or co-sponsored by us.
10.1 We reserve the right to up-date, modify or replace these Terms at any time. You acknowledge that Foxquilt may revise these Terms, with either material and/or immaterial changes, from time to time and what constitutes a material change will be determined by Foxquilt at our sole discretion.
10.2 If, in the opinion of Foxquilt, an up-date or modification affects your use of the website or the Service, we will send you an email, to the email address associated to your account, prior to the effective date of the update.
11. NO ADVICE.
11.1 All information in these Terms and/or that is available in the Service shall not be construed by you as financial, legal or any of type of other advice to you.
12. USER CODE OF CONDUCT.
12.1 As a user of Foxquilt’s website and Service, you agree to abide by our User Code of Conduct.
13. OWNERSHIP AND INTELLECTUAL PROPERTY
13.1 Foxquilt is the copyright owner and owns and controls all rights on the our and Service, unless stated otherwise. The right granted to you to use the website and/or Service is limited and personal to you and does not permit you to exploit our website and/or Service in any media of any nature at any time or to permit others to do so. You shall not acquire any rights or interest in our website and/or Service at any time which may be exploited by you and all rights reserved by us and there is no permission, authorization and/or rights granted by virtue of these Terms.
13.2 All registered intellectual property (the website and the Service), including any of the contents, features and functionality, is owned by and registered solely in the name of Foxquilt, its licensors or other providers of such materials. This includes, but is not limited to, all information software, database rights and data, text, displays, images, video and audio and the design, selection and arrangement thereof, all of which is protected by Canadian, United States and international copyright, trademark, patent, trademark, trade secret and other intellectual property or proprietary rights laws.
13.3 The “Foxquilt” name, and other marks, graphics, typefaces, trademarks and logos located on the website and/or the Services, are the trademark of Foxquilt Insurance Services Inc.
13.4 All other trademarks appearing on the website and/or the Service are the property of their respective owners.
13.5 Foxquilt’s name, marks, graphics, typefaces, trademarks and logos shall not be used in any manner for any purpose without the express written consent of Foxquilt.
13.6 These Terms grant you a personal, non-exclusive, non-transferrable, revocable license to access and use our website and the Service, the access and use of which is solely for your own personal non-commercial use.
13.7 You shall not copy, reproduce, republish, distribute, modify, create derivative works of, publicly display or perform, republish, download, store or transmit any of the material on our website or Service, except as incidental to normal web browsing, such as the making of temporary copies in RAM or the cache of your Internet browser, and for features of the website that enable sharing via email, social media, linking and other platforms expressly enabled by the website or the Service. You shall also not reverse engineer or otherwise attempt to steal the software code of the website and/or the Service.
13.8 Relating to the Service, you may download one (1) copy to your mobile device solely for your own personal, non-commercial use, provided you agree to be bound by these Terms.
14.1 OUR WEBSITE AND THE SERVICE, INCLUDING THE CONTENT AND SERVICES PROVIDED THEREIN, ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. FOXQUILT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOXQUILT DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL FOXQUILT, ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR ARE IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, THE SERVICE AND/OR ANY CONTENT OR SERVICES (INCUDING THIRD-PARTY OFFERS), EVEN IF FOXQUILT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF ANY CONTENT.
15.1 You agree to defend and indemnify Foxquilt and all of its respective members, directors, officers, employees, agents and save Foxquilt harmless, fully and without limit of any kind against any and all costs (including legal fees and disbursements), expenses, losses, liabilities, claims, demands, actions or causes of action, or damages suffered or incurred by Foxquilt, which either directly resulted from or were reasonably foreseeable as a result of any breach of these Terms by you, unless arising from the intentional or negligent acts or omissions of Foxquilt.
16. GOVERNING LAW AND COURTS.
16.1 These Terms, and all matters arising from them (including, without limitation, any dispute relating to their existence, validity or termination or any contractual or non-contractual obligation), shall be governed by and interpreted in accordance with the laws of the Province of Ontario, without regard to it conflict of law provisions, and the federal laws of Canada applicable therein. You attorn to the exclusive jurisdiction of the provincial and federal courts in the Province of Ontario.
17. CONTACT US.
17.1 All questions, comments and inquiries should be sent via email to [email protected] Foxquilt at or by regular mail.
18.1 We will provide notice to you via email or regular mail. Where changes are made to these Terms, the webiste or to the Service, we will provide notice by posting links on the website.
18.2 Any notices you provide to us shall be provided via email to [email protected] or by regular mail. If you use regular mail for notice, please ensure you comply with any timelines for notice already contained in these Terms.