Legal & Privacy
Agreement regarding the use of the Whitley Web site.
The agreement contains the following sections:
- Protection of personal information and Security/Privacy
- Purchase of an insurance policy on line
- Copyright and Trademarks
- Links to other sites
When you access the Web site of Whitley (hereinafter called “Whitley Insurance & Financial Services “), you accept and agree to be bound by and comply with these terms and conditions (the “Terms and Conditions”) described below as well as at other locations on the Web site (hereinafter called “site”). Please take a moment to become familiar with the Terms and Conditions. These Terms and Conditions may be changed at any time without notice. You agree to review the Terms and Conditions regularly and your continued access or use of the site will mean that you agree to be bound by any such changes. If you do not accept the Terms and Conditions, you should immediately discontinue any use of this site.
The Terms and Conditions are of general application and shall be read together with and as supplementary to any disclaimer, term, or condition posted on the site.
If any provision of the Terms and Conditions 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 Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
When it is appropriate for the interpretation of the text, a word used in the masculine gender includes the feminine gender and vice versa.
Access and use of this site are subject to all laws and regulations applicable in the Province of Ontario. The products and services described on the site are available in Ontario only. This communication does not constitute an offer or solicitation by anyone in any jurisdiction in which the distribution of products and services by Whitley Insurance & Financial Services is prohibited. Persons accessing this site are required to obtain information about and observe any relevant restrictions.
The terms, exclusions and conditions of the contracts relating to products and services mentioned on this site are not necessarily fully described. Their interpretation is governed by the terms and conditions of the contract applicable to the insurance or financial product purchased and by any applicable legislation. In case of any discrepancy between the contract or the policy and the Web site, the contract or the policy will apply.
Only residents of Ontario who can validly be bound by an agreement under applicable laws can use this site. Individuals residing in an area where the access to or use of the site or any part of is illegal or prohibited are not permitted to use the site. It is your responsibility to determine if you can legally use the site in compliance with all applicable laws.
The applicable provisions regarding management and protection of personal information collected on the users of the site, as well as provisions regarding the safety of data and communication can be found in this section.
When you contact Whitley Insurance & Financial Services in the context of your file, either to obtain a quotation, buy an insurance policy, a financial product or service, manage a claim or ask for advice, your insurance broker must, occasionally collect certain information, some of which may be personal information. By using this Web site, you authorize us to collect, hold, use or communicate personal information, as required, for the object of your file. Rest assured, we respect the applicable laws with regard to the use of your confidential personal information. Information transmitted to us in the context of our business relationship is divulged only to authorized personnel unless you authorize its release, the law requires it, or we must use it in transacting business on your behalf with insurance companies, financial institutions or companies offering various products and services in the fields of brokerage, investments, deposits and loans for the purpose of your file.
Your information will not be sold by Whitley Insurance & Financial Services . Our procedures and systems are designed to protect your information from error, loss and unauthorized access. At any time, you can rectify any outdated or erroneous information or withdraw your consent by contacting us in writing. From time to time, we may contact you with respect to products and services offered or recommended by Whitley Insurance & Financial Services which are likely to meet your needs in financial products and services.
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Information collected from the site
We may gather and store data on our site users’ activities. This is done on a collective rather than individual basis, so you can be certain that your on-line activities are not “monitored”. This information is used to determine problems with our servers, to manage the Web site and make it more user-friendly. Personally identifiable information is neither required nor stored for further use, unless you are actually entering information to submit to us for inquiries or service. To that effect, please see the section on Confidentiality.
Whitley Insurance & Financial Services uses small data files (cookies) to help you through the procedure required to obtain a quote or to purchase an insurance policy on line. The cookies are used for your convenience and do not contain or transmit any personal data. When you refuse to accept cookies on your Netscape or Explorer browser, you will be unable to obtain a quote or to purchase a policy on line.
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Use of your information
The law may require us to disclose certain information about you to others without your specific authorization. There are also circumstances in which your consent to disclose information is deemed to have been given either expressly or implicitly. We might, for example, need to release your information:
* to insurance support organizations for the purpose of preventing or detecting fraudulent transactions;
* to claim adjusters for the purpose of settling a claim;
* to law enforcement or regulatory agencies.
The above are only examples. Generally, such disclosures are rarely made, if at all. It is our practice to provide only as much information as is reasonably necessary to accomplish the intended purpose.
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You are responsible for the security and confidentiality of your personal and financial information until actually received by Whitley Insurance & Financial Services . Once you have initiated an on-line session, it is highly recommended that you do not leave the computer terminal from which you have accessed the site until you have terminated the session and have logged-off the site.
Whitley Insurance & Financial Services does not warrant that any information, software or other material accessible through one of their links to other Web pages is free of viruses, worms, Trojan horses or other harmful components. Without the use of encryption, communication through the Internet or electronic communication is not secure and privacy cannot be ensured.
Whitley Insurance & Financial Services protects personal information using various means: physical, organizational and technological in accordance with the level of protection required.
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Secure zones of the Web site may be accessed only by use of a unique login name and password. The use of a password does not restrict access by Whitley Insurance & Financial Services and its Providers to the password-protected information.
Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Whitley Insurance & Financial Services representative. Also, passwords must be hard-to-guess confidential and you must log-out at the end of each session. We recommend that you do not use your (or any relatives) name, birthday, social insurance number, etc., or any obvious password. It is also prudent to keep any password kept in a written form in a secure place.
You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with this Agreement.
You must immediately notify Whitley Insurance & Financial Services of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
All login names and passwords remain the property of Whitley Insurance & Financial Services , and may be cancelled or suspended at any time by Whitley Insurance & Financial Services without any notice or liability to you or any other person. Whitley Insurance & Financial Services is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must respond promptly to all email and other correspondence from Whitley Insurance & Financial Services , including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Web site.
Purchase of an insurance policy on line
If this Web site offers you the possibility of obtaining an automobile insurance quote and to purchase an insurance policy on line, to allow the preparation of your quote and the issuance of your policy, you must submit, in addition to the required information (your name, address, telephone number and email address), additional information regarding your car and your elected means of payment (credit card or automatic debit).
You also agree that clicking on certain buttons will have legal ramifications namely, it will constitute your signature and confirm your intention to purchase on line an insurance policy once you have received an acceptable quote. You will be bound by its terms and conditions and agree to pay the premiums and any applicable taxes. We recommend that you retain a copy of the quote.
When you are ready to purchase on line, we will validate your information and consequently, the coming into force of your policy is suspended and conditional upon the results of our validation, which is usually completed on the following business day. You will be advised by one of our brokers, by telephone or by email, of our receipt of the quote, the acceptance of your quote by the insurer, the issuance of the policy and the exact date of the coming into force of your coverage. You agree that the confirmation of your quote can be validly communicated by telephone.
The insurance policy will be interpreted, enforced and governed by the laws of the Province of Ontario and its tribunals will have jurisdiction to decide any claim related to the insurance policy.
The texts, illustrations, graphics and images displayed on the site are and will remain at all times the property of the author, unless stipulated otherwise herein. They cannot, under any circumstances, be sold, reproduced, copied, modified, published or distributed, in whole or in part, as the case may be, without express permission from the author. Permission is granted to download, print and make copies of the information provided for personal use.
The texts of the site can be cited provided that the source (www.whitleyfinancial.com) and its address (http://www.whitleyfinancial.com) be clearly indicated, in text or as hyperlink, and that Whitley Insurance & Financial Services ‘s permission is granted.
The site is protected by Copyright laws and International Agreements on such matters, and its content cannot be altered without infringing on the author’s rights and his/her moral rights.
No content from the site may be transmitted to newsgroups, mail lists, or electronic bulletin boards, or incorporated into any other Internet Web site nor may links be created to this site without the prior written consent of Whitley Insurance & Financial Services , its subsidiaries and affiliates.
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Certain names, words, titles, phrases, logos, icons, graphics or designs or other content in the pages of the site are, as the case may be, trade names or trademarks of Whitley Insurance & Financial Services , its affiliates or its subsidiaries, registered and/or used in Canada (“marks”) or in other countries, as the case may be, and represent only part of their intellectual property.
Certain names, words, titles, phrases, logos, icons, graphics or designs or other content in the pages of the site can constitute trademarks or tradenames, registered or not, property of third parties and may be used under licence. The display of trademarks and trade names on pages at the site does not imply that a license of any kind has been granted to anyone else. The users are not permitted to use these marks or names without express consent from Whitley Insurance & Financial Services or from the third party proprietor of these marks or names.
The logos of Intact Insurance are trademarks of Intact Insurance. The names of products, programs and services mentioned on this site can be marks of their respective holders.
The information is for your personal and private use only. Any unauthorised downloading, re-transmission, or other copying or modification of trademarks and/or the contents of the site may be a violation of any federal or other law that may apply to trademarks and/or copyrights and give rise to legal action.
Whitley Insurance & Financial Services completely disclaims all liability, whether based in contract, tort, strict liability or otherwise, arising from the use of the information contained on this site by any user. Further, and without limiting the generality of the foregoing, in no event shall Whitley Insurance & Financial Services be liable for any direct, indirect, incidental, consequential or special damages, losses, claims or expenses arising out of the use of the information herein, or in any way connected with access to or use of the site, even if the users have been advised of the possibility of such damages.
If we are provided with false or misleading information, you may not receive proper advice, coverage, products or service. False or misleading information may also result in certain coverage and policies being cancelled or voided, and could result in a claim for coverage being denied.
Commissions, trailing commissions, management fees and expenses all may be associated with mutual fund investments. Please read the prospectus before investing. Mutual fund securities are not covered by the Canada Deposit Insurance Corporation or by any other government deposit insurer. There can be no assurances that any of the Mutual Funds advertised on this site will be able to maintain their net asset values per security at a constant amount or that the full amount of your investment in the funds will be returned to you. Mutual funds are not guaranteed, their values change frequently and past performance may not be repeated.
The materials and information on this site are provided “as is,” and without warranties of any kind, either expressed or implied.
Without limiting the above, Whitley Insurance & Financial Services does not represent or warrant that the site or its content will be available or will function without interruption or that it will be free of errors or that any errors will be corrected. In addition, it does not represent or warrant that the use of the site and, including the browsing and downloading of any content, will be free of viruses, Trojan horses, worms or other destructive or disruptive components or that your use of the site and its content will not infringe the intellectual property or other rights of any third party.
When using the site, you have to take reasonable precautions to scan for computer viruses, worms, Trojan horses, and other items of a destructive nature. It is also up to you to ensure that you have a complete and current backup of the information contained on your computer system prior to using the site.
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Information provided by Whitley Insurance & Financial Services is believed to have been accurate and reliable when posted on the site, but we cannot guarantee that it is accurate or complete or current at all times. The information on this Web site is for information purposes only and is not intended to provide financial, legal, accounting or tax advice and should not be relied upon in that regard. For advice please consult your financial, legal, accounting or tax specialist.
Links from or to Internet Web sites outside this site are meant for convenience only and you access them at your own risk. The publishers of the outside sites manage their content which is not reviewed, nor approved by Whitley Insurance & Financial Services. These links should not be construed as an endorsement, a guarantee or a recommendation of the products or services offered on those sites. Whitley Insurance & Financial Services cannot guarantee that these links are functional or secure.
You access these sites at your own risk. Whitley Insurance & Financial Services cannot be held responsible for damages or prejudice of any nature resulting from the use or the content of the site or of other sites connected to the site by hyperlink.