The belairdirect app – Terms of Use

1. Agreement

By downloading and using this belairdirect app (the “Application”) which is the property of Belair Insurance Company Inc., on your mobile device, you accept and agree to be bound by and comply with these Terms of Use (the “Terms”).  Please take a moment to familiarize yourself with these Terms. If you do not accept these Terms, you will not be able to activate the Application and should delete the Application from your mobile device.

We reserve the right, at our sole discretion, to modify the Terms at any time by providing notice and obtaining your consent for such modifications where legally required to do so. Where such consent is not required, modifications are effective immediately and you agree to be bound by them through your continued use of the Application.  We recommend you revisit these Terms periodically, which can be viewed at any time within the Application. By downloading the Application on your mobile device, you consent to the installation on your mobile device of the Application, and of any future upgrades or updates thereto (which may be installed automatically if you have selected this feature within your application purchasing profile), made available by belairdirect (as defined below).

You further agree that the Application, or any updates or upgrades thereto, could or will perform the functions described below. You may withdraw your consent at any time by deleting the Application from your mobile device.

As long as you comply with these Terms, belairdirect grants you a personal, non-exclusive, non-transferable licence to access and use the Application for private, non-commercial purposes.

2. Our Companies

In Ontario, belairdirect insurance products are underwritten by Belair Insurance Company Inc. In Alberta, British Columbia and Quebec, belairdirect insurance products are underwritten by Belair Insurance Company Inc. In New Brunswick, Nova Scotia, and Prince Edward Island, belairdirect insurance products are underwritten by Trafalgar Insurance Company of Canada. Services in all regions except Quebec are provided by belairdirect Agency Inc. Services in Quebec are provided by Belair Insurance Company Inc. In British Columbia, belairdirect offers home insurance and optional auto insurance coverage. For more information, please visit belairdirect.com.

Belair Insurance Company Inc., belairdirect Agency Inc., and/or Trafalgar Insurance Company of Canada are hereinafter referred to as “belairdirect”, “we”, “us”, and/or “our”.

3. What is the belairdirect app?

The belairdirect app is an Application installed on your mobile device that could or will allow you, among other things, to:

4. Content

The information, content, documents and text provided by us through the Application (the “Content”) is believed to be accurate and reliable when posted on the Application, but we cannot guarantee that the Content available on the Application is accurate, complete or current at all times.

Certain Content in the Application is presented in summary form. You must always refer to the terms, exclusions and conditions of your official insurance documents, a copy of which you may access through your Client Centre on the belairdirect.com website, for a complete description of your selected coverage.

The Application and all Content is owned or licensed by belairdirect, and may be protected by copyright, trademark, and patent laws, and other intellectual property laws. Except as otherwise allowed under these Terms or by functionality within the Application or integrated within your mobile device’s operating system, the Application and the Content may not be copied, modified, altered, reproduced, republished, uploaded, posted, broadcasted or transmitted or distributed in whole or in part, to any computer, server, website, application, or any other medium of publication on the Internet or any other computer network, or for any commercial purpose, without prior written consent of belairdirect.

5. Restrictions

Except as otherwise allowed under these Terms, you may not:

6. Interpretation and Jurisdiction

These Terms, and any access and use of the Application, will be governed by and interpreted under the laws of Ontario and Canada. Any legal action or proceeding arising out of or related to access or use of the Application and these Terms of Use will be determined exclusively by the courts in Ontario.

If any provision of the Terms, in whole or in part, is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the provisions and shall not affect the validity and enforceability of any remaining provisions of the Terms.

Insurance products mentioned in this Application are sold in Quebec, Ontario, Alberta, British Columbia, New Brunswick, Nova Scotia, and Prince Edward Island only. Only residents of these provinces who can validly be bound by these Terms under applicable laws can use this Application. It is your responsibility to determine if you can legally use the Application in compliance with all applicable laws.

7. Security

We do not guarantee that the Application or any Content is free of viruses, worms, Trojan horses, or other destructive or disruptive code.

To access this Application and to complete any insurance transaction available through the Application, you will need your email address and password. We may provide you with access to information, documents or services related to your insurance policy or claims through the Application. When we do so, you are responsible for ensuring your login credentials for your account are kept confidential and for any activity under your account that occurs as a result of your failure to do so. You will immediately notify belairdirect if there is any unauthorized use of your login credentials or activity on your account.

Please note that this Application may allow you to store offline copies of your insurance documents on your mobile device, or to transfer these documents outside of the Application through functionalities offered by your mobile device's operating system.

By allowing your insurance documents to be stored or transferred in this manner, you accept the information they contain will no longer be protected by the Application's secured environment and could be governed by the privacy policies of your mobile device manufacturer or other third parties, which differ from ours.

Please note that you are solely responsible for the security of your mobile device and any information stored on it. Security measures may include, but are not limited to, using passwords, PIN numbers, fingerprint and/or face recognition and data encryption to ensure that any information stored on your mobile device is adequately protected.

8. Electronic or paper documents

The Application gives you the option to choose to electronically receive and access, through your Client Centre, most of your insurance documents, or to continue receiving a paper copy of these documents by mail. If you choose to electronically receive and access your insurance documents through your Client Centre, you understand that these electronic documents may be used as evidence and will have the same force of law as if you had received them by mail.

By choosing electronic documents, you agree that the email address you provided is your last known email address. You are responsible for notifying us, in a timely manner, of any email address change.

9. Functionality and Use

Use of the Application may affect your battery life. The Application is free and can be downloaded via Wi-Fi or cellular data. However, the Application itself will use your cellular data to transfer information to and from belairdirect. You are responsible for assuming all roaming fees, data fees, plan fees, overage fees and any other fees your mobile service provider may charge you as a result of your download and use of the Application.

Please note that while roaming, unless your data is turned off on your mobile device, data will continue to be transferred.

Federal and provincial laws may prohibit you from using your mobile device and the Application in any manner while driving. For your own safety, and the safety of everyone around you, belairdirect strongly encourages you to avoid using your mobile device or the Application while driving.

10. Digital fingerprint recognition

When you enable the digital fingerprint recognition function for the Application (Touch ID or Fingerprint, as the case may be), you can either access the Application with a single touch, or use your email and password to log in.

This function is a service offered by your mobile device’s manufacturer and belairdirect does not endorse or warrant its use. belairdirect does not record or store your digital fingerprint in any way and assumes no responsibility or liability with regards to your use or inability to use this function. If you choose to enable this function, any fingerprint recorded in your mobile device can be used to access the Application, your belairdirect account and your insurance documents. To help keep your account and personal information secured, belairdirect does not recommend that you activate this function if fingerprints not belonging to you are recorded on your mobile device. belairdirect assumes no responsibility or liability which may result from the Application being accessed with fingerprints not belonging to you.

11. Privacy

We are committed to protecting your privacy, and do our utmost to ensure that the personal information of our customers is safeguarded properly.

Any personal information we collect from you or that you disclose to us through this Application is subject to our Privacy Policy. To understand how we will collect, use and disclose your personal information, please read our Privacy policy, available at www.belairdirect.com.

If you have any questions about your privacy or would like more information, please contact our Privacy Office at:

belairdirect Privacy Office
 700 University Avenue, Suite 1500-A
 Toronto, Ontario M5G 0A1
 Phone (toll free): 1-866-941-5094
 Fax: (416) 941-5284
 e-mail: privacy@belairdirect.com

12. Use of cookies

Cookies are small data files sent to your Internet browser that allow us and our third party service providers to recognize you when you visit the Application. If you do not agree with the use of cookies, should delete the Application from your mobile device. The Application requires cookies to allow you to access certain parts of the Application or ensure that certain parts of the Application work properly.

We may use cookies for your convenience in order to allow us to recognize you when you return to the Application, to gather information about your use of the Application, to enable the functionality of certain services available through the Application, to maintain, monitor, protect, and to improve the Application.

13. Other Terms

We may allow you to engage in certain activities on the Application such as:

When we do so, other terms may apply to these activities (“Other Terms”). If there is a conflict between these Terms and the Other Terms posted on a portion of the Application or other website, the Other Terms will govern and control with respect to these other activities.

14. Disclaimer of Warranty and Limitation of Liability

The Application is made available "as-is", "with all faults" and "as available" and it is used at your own risk. belairdirect makes no warranties or guarantees of any kind, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. belairdirect does not warrant that the Application and its operation will be uninterrupted or error or defect-free, that any errors or defects in the Application will be corrected, that data will not be lost or damaged, or that the Application or server(s) that make it available are free from viruses, disabling code or other contaminants.

belairdirect and its affiliates and suppliers shall not be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential losses or damages resulting from, arising out of, related to or in connection with, the use of or access to the Application, this Terms or any related services whether provided by belairdirect or its affiliates or suppliers.

15. Intellectual property

The Application is protected by the Copyright Act and other applicable intellectual property laws, and its Content cannot be altered, sold, reproduced, copied, published, distributed, uploaded, broadcast or retransmitted without infringing on our and the author's rights and his/her moral rights.

Certain names, words, titles, expressions, phrases, logos, icons, graphics or designs or other content in the Application are, as the case may be, trade-names or trade-marks of Belair Insurance Company Inc. and its affiliated companies. Certain names, words, titles, phrases, logos, icons, graphics or designs or other content in the pages of the Application can constitute trademarks or trade names, registered or not, property of third parties and may be used under licence

16. Links to other sites

Links from or to Internet sites outside this Application are meant for your convenience only. Where these sites belong to belairdirect, you may be subject to additional or different terms of use for such sites. Please take the time to familiarize with such additional or different terms of use before using the sites. To the extent the sites do not belong to belaidirect, you agree that the owners of the outside sites manage their content which are not reviewed, nor approved by us.

These links should not be construed as an endorsement, a guarantee or a recommendation of the products or services offered on those sites.

You access these sites at your own risk. We cannot be held responsible for damages or prejudice of any nature resulting from the use or the content of other sites connected to the Application by hyperlink.

Any other questions?

If you have any technical questions about downloading or activating the Application or its functionalities, please call 1 (855) 274-5050,email us at belairdirect@belairdirect.com, or visit us at www.belairdirect.com.

ALL TERMS, LIMITS, CONDITIONS, EXCLUSIONS, DEFINITIONS AND PROVISIONS OF YOUR POLICY SHALL CONTINUE TO APPLY AND HAVE FULL FORCE AND EFFECT.
© 2017 Belair Insurance Company Inc.