Terms of Service
Travelers Insurance Company of Canada, The Dominion of Canada General Insurance Company and St. Paul Fire and Marine Insurance Company (Canada Branch) are the Canadian licensed insurers known as Travelers Canada (hereinafter "Travelers Canada"). These Terms of Service (the "Terms of Service") are between you and Travelers Canada concerning your use of the website currently located at http://www.travelerscanada.ca and any other websites owned or operated by or on behalf of Travelers Canada(the "Websites"), and the software applications made available by or on behalf of Travelers Canada for use on or through computers and mobile devices (the "Apps"). The Websites and Apps (and any materials and services made available by Travelers Canada through them) are referred to collectively in these Terms of Service as the "Online Properties."
Your use of the Online Properties constitutes your consent and agreement to these Terms of Service. Travelers Canada reserves the right to change these Terms of Service at any time. Any changes will become effective immediately when the revised Terms of Service are posted on the Online Properties or you are otherwise notified of such changes. Your use of the Online Properties following these changes means that you accept the revised Terms of Service.
IF YOU ARE USING THE ONLINE PROPERTIES 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 SERVICE.
If you are an agent or broker of Travelers Canada, certain agent-specific or broker-specific terms and conditions may apply to you and may supersede these Terms of Service.
Jurisdictional Issues; Compliance with Laws
The Online Properties are not intended to subject Travelers Canada to the laws or jurisdiction of any province, territory or country other than that of Canada. The Online Properties and Products (as defined below) 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.
Rules of Conduct
You must not post, transmit or otherwise make available any materials through or in connection with the Online Properties that may be illegal or objectionable to Travelers Canada; or use the Online Properties in any manner that may be illegal or objectionable to Travelers Canada.
- Prohibited materials include, without limitation: any computer code, file, or program that is or may be harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Prohibited activities include, without limitation:
- harvesting or collecting information about users of the Online Properties;
- interfering with or disrupting the operation of the Online Properties or the servers or used to make the Online Properties available;
- exploiting any portion of (or using) the Online Properties except as expressly authorized herein;
- reverse engineering, decompiling or disassembling any portion of the Online Properties, except where such restriction is expressly permitted by applicable law; and
- using any robot, 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 .
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. TRAVELERS CANADA 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 SERVICE) ARE MADE ON BEHALF OF TRAVELERS CANADA AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE "AFFILIATED ENTITIES").
Furthermore, federal, provincial or local laws, regulations, standards or codes may change from time to time and the reader should always refer to the most current requirements. The Online Properties and the Products do not amend, or otherwise affect, the provisions or coverages of any insurance policy or bond issued by Travelers Canada, nor is it a representation that coverage does or does not exist for any particular claim or loss under any such policy or bond. Coverage depends on the facts and circumstances involved in the claim or loss, all applicable policy or bond provisions and any applicable law. Where these Terms of Service directly conflict with a contract of insurance, the contract will govern.
Use of Third Party Products
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 SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY PRODUCTS).
Registration; User Names and Passwords
You may need to register to use all or part of the Online Properties. Unauthorized access or use of such portions of the Online Properties is prohibited. Your user name and password are for your personal use only and should be kept confidential and secure; passwords may require regular updates to ensure security. You must promptly notify Travelers Canada of any confidentiality breach or unauthorized use of your user name or password, or your account.
You represent and warrant that any information you provide through or in connection with the Online Properties (each, a "Submission") is and will remain accurate and complete, and you will update such information as needed. For each Submission you make, you hereby grant to Travelers Canada 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.
Travelers Canada 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 Travelers Canada the right to provide such information to third for purposes of facilitating Transactions. You agree to pay all charges incurred by you or on your behalf through the Online Properties, 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.
The Online Properties are protected by proprietary rights and laws. You may refer to, copy and use material on the and provided that your copies retain all copyright, trademark and other proprietary notices that appear on the original screens. Travelers and the Travelers Umbrella logo are registered trademarks of The Travelers Indemnity Company in the U.S., Canada and other countries. Other trademarks, service marks, trade names, logos, URLs, domain names and icons appearing on the Online Properties, whether registered or not, are owned by Travelers Canada or the Affiliated Entities. As between you and Travelers Canada, all aspects of the Online Properties are proprietary to Travelers Canada. Nothing contained on the Online Properties should be construed as granting any intellectual property rights to the Online Properties (or any portion thereof), including any right to use any of the trademarks appearing on the Online Properties, without the express prior written consent of the owner.
App Limited License
The App is licensed (not sold) to end users. Subject to your compliance with these Terms of Service, and solely for so long as your are permitted by Travelers Canada to use the App, Travelers Canada 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.
LIMITATION OF LIABILITY
TRAVELERS CANADA AND THE AFFILIATED 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, TRAVELERS CANADA 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 TRAVELERS CANADA AND THE AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, IN RESPECT OF OR RELATED TO YOUR USE OF THESE TERMS OF SERVICE AND THE ONLINE PROPERTIES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE FIFTY DOLLARS ($50.)(CAD). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF SERVICE) ARE MADE ON BEHALF OF BOTH TRAVELERS CANADA AND THE AFFILIATED ENTITIES.
While Travelers Canada uses reasonable efforts to include accurate and up-to-date information on this website, errors or omissions sometimes occur. Travelers Canada 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.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Travelers Canada and the Affiliated Entities from and against all claims, losses, costs and expenses (including legal fees) arising out of (a) your use of, or activities in connection with, the Online Properties (including all Submissions); and (b) any violation or alleged violation of these Terms of Service by you.
These Terms of Service are effective until terminated. Travelers Canada may terminate or suspend your use of the Online Properties at any time and without prior notice, including if Travelers Canada believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Upon any such termination or suspension, your right to use the Online Properties will immediately cease, and Travelers Canada may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. All terms contained herein shall survive any expiration or termination of these Terms of Service.
Governing Law; Arbitration
The terms of these Terms of Service 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.
ALL DISPUTES ARISING EXCLUSIVELY OUT OF THESE TERMS OF SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL BASIS, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION. The provisions of the Arbitration Act, 1991, S.O. 1991, c. 17 (the “Act”) shall apply to the Arbitration except as varied or excluded by these terms of arbitration, or by other subsequent written agreement of the parties. The Arbitration shall be conducted in Toronto, Ontario, Canada and shall be governed by the laws of Ontario. The Arbitration shall be conducted before a panel of three (3) arbitrators (the “Panel”). Each party shall appoint one (1) arbitrator of its choice. The two (2) arbitrators shall appoint a third arbitrator, who shall be a qualified lawyer or a former judge in Ontario, to serve as the chair of the Panel. The decision of the Panel shall be final and binding on the parties with no right of appeal on any issues of law or fact and shall be delivered within thirty (30) days following the last day of the hearing in writing with reasons therefor. The Panel shall apply the procedural rules set out in the Ontario Rules of Civil Procedure, R.R.O. 1990, Reg. 194 to the extent that such procedures are deemed necessary and appropriate and are not otherwise dealt with herein. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Service, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.
The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction. The courts of the Province of Ontario will have exclusive jurisdiction to settle any claim, dispute or request for judicial review that may arise out of or in connection with the arbitration. Notwithstanding any of the foregoing, nothing in these Terms of Service will preclude you from bringing issues to the attention of federal, provincial or municipal agencies or other authority, regulator or Ombudsman, and, if the law allows, they can seek relief against Travelers Canada for you.
Contact Travelers Canada
If you have a question or comment, please see the Contact Us page on our website for further information on who to contact: https://www.travelerscanada.ca/about-us/contact-us. If you have a complaint regarding the Online Properties, please see our Complaints webpage for further information: https://www.travelerscanada.ca/consumer-complaints. If you have any accessibility issues, please see the Travelers Canada accessibility page https://www.travelerscanada.ca/accessibility.
If any provision of these Terms of Service is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provision. 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. Any notices to you (including notices of changes to these Terms of Service, which are not required but may be provided at the discretion of Travelers Canada) may be made via posting to the Online Properties or by e-mail (including in each case via links), or by regular mail.
Third Party Beneficiaries
Each Affiliated Entity is a third party beneficiary to these Terms of Service with the full right to enforce the terms hereof.
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 Service 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 Travelers Canada in accordance with the "Contact Travelers Canada" 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 Service and, upon your acceptance of the terms and conditions of these Terms of Service, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof; notwithstanding the foregoing, Travelers Canada’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms of Service 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
Amazon Alexa Skills Specific Terms
In addition to your agreement with the foregoing terms and conditions, the following provisions apply with respect to your use of any Alexa Skills made available by Travelers Canada (the “Skill”). The Skills are a type of App that enable voice-driven interaction with Travelers Canada 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 Travelers Canada by simply using your voice.
Travelers Canada may make available two types of Skills, General Skills and Linked Skills. “General Skills” are Skills that Travelers Canada makes generally available and don’t require you to be a Travelers Canada policyholder to use. “Linked Skills” are linked to an eligible Travelers Canada 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 Service. Travelers Canada 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. Travelers Canada is not responsible if any third parties overhear your commands, questions or responses. Any communication to Travelers Canada through Alexa will be treated by Travelers Canada as a communication authorized by you. And any communication from Travelers Canada through Alexa in response to a request received from your Connected Device will be treated by Travelers Canada 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 Travelers Canada permission to perform the actions and share with Amazon the information communicated to Travelers Canada or requested from Travelers Canada. 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 Travelers Canada, such as for your policy premium. By using a Linked Skill to make a payment, you authorize Travelers Canada 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.
Travelers Canada is not responsible for, and does not provide any support or assistance for, Alexa, Connected Devices, or for any other hardware or software that Travelers Canada did not design or write. If you have questions or issues with Alexa, please contact Amazon.