Terms & Conditions

Privacy Statement

We are committed to protecting your privacy, in accordance with the terms and conditions of the Insurify Privacy Policy (the “Privacy Policy”). By accessing and continuing to use the Services, and by providing personally identifiable information to Insurify through the Services, you are indicating your acceptance to be bound by the terms and conditions of the Privacy Policy (which sets out how we collect, use and disclose your personal information).  Do not use or access the Services if you do not accept the terms and conditions set out in the Privacy Policy.

When you use the Services to transfer your Customers’ personal information to us, you represent and warrant that you have your Customers’ consent to: a) the transfer of such personal information to us; and b) our collection, use and disclosure of that and other personal information of your Customers, for the purposes which are set out in the Privacy Policy.  You further acknowledge and agree that our use of your Customers’ personal information for these purposes is in our capacity as your agent, only.

Cookies

Like most interactive web sites, our website (or Internet service provider) uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our website to enable the functionality of this area and ease of use for those people visiting.  Please review the Privacy Policy for more information about how we use cookies.  Your browser may be configured in a way which restricts the collection of information by cookies, though such restrictions may inhibit the ability of the Services to function as advertised.

Confidentiality

Any information concerning you and your respective records may be passed to third parties in accordance with that law. However, your records are regarded as confidential and therefore will not be divulged to any third party, other than our claims gateway in order to process your customers claim(s), as is otherwise necessary for our delivery of the Services and/or if legally required to do so, to the appropriate authorities.

Except as is necessary to deliver the Services or as otherwise set out in this Agreement, we will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. We will only e-mail you in connection with the Services or this Agreement.

Your Account

You may be required, when you use certain features of the Services, to create a username and password.  If we determine that the user name you have chosen is in use by someone else or it is otherwise offensive, we may refuse to allow you, in our sole discretion, to use your chosen user name.  In addition, you are responsible for maintaining the confidentiality of your password and you are responsible for all uses of your user name, whether or not you authorize such uses. You agree to notify us of any unauthorized use of your user name and password.  We are not responsible for verifying your identity or the identity of anyone who uses your account, and we are not liable for any loss or damage as a result of your failure to protect your password. You agree that any registration information you provide will be true and accurate, and that you will update it, as is necessary to keep it current.  We reserve the right to automatically log you out of your account after such a period of inactivity as we determine is reasonable, in the circumstances.

Internet Connectivity and Compatible Technology

The availability and functioning of the Services depends on the availability of a properly functioning Internet connection, as well as compatible hardware and software.  We are not responsible for ensuring uninterrupted access to the Internet or any charges you incur, in association with your use of the Internet, nor are we responsible for ensuring your hardware and software are compatible with the Services.  You acknowledge that your access to and use of the Services may be impaired or prevented by factors beyond our control (such as issues with your computer system or Internet connectivity), and that we are not responsible for any such factors, or their effects.  We are not liable for any failure to backup or restore any information or for interruptions, delay or suspension of access to or unavailability of the Services, or any loss of such information, data or transmissions. It is your responsibility to ensure that your data is backed up effectively.

Links from this Website

We do not monitor or review the content of other parties’ websites and services which are linked to from this website, nor do we control the availability and content of such websites and services. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material, nor are we responsible for the accuracy of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our website, and to read the terms of use and privacy statements of those websites. You should evaluate the security and trustworthiness of any other website connected to our website or accessed through our website yourself, before disclosing any personal information to it. Insurify will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Acceptable Use

Without limiting anything else in this Agreement, you must not use (or cause or permit to be used) this website or the Services:

  • in any way that causes, or may cause, damage to our website or the Services, or impairment of the availability or accessibility of our website or the Services;
  • in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • to post, transmit, or otherwise make available any material that is or may be: (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) an infringement of another person’s privacy by disclosing the personal information of another individual without their knowledge and consent;
  • to post, transmit, or otherwise make available, any material that may violate: a) our proprietary rights; or b) the proprietary rights of any third party, including, without limitation, copyrighted software, photographs, texts, videos or artwork or any moral rights associated therewith;
  • for any commercial purposes other than those which are expressly set out in this Agreement;
  • to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • to conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to this website without our prior express written consent;
  • to impersonate any person or entity or misrepresent your affiliation with any other person or entity;
  • to engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using the Services for purposes which are unrelated to the Services);
  • to attempt to gain (or gain) unauthorized access to other computer systems through the Services, or to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;  or
  • in a manner which is otherwise contrary to this Agreement.

Any use of the Services which is contrary to the terms of this Agreement may result in the immediate termination of this Agreement and your use of the Services, by us.

Miscellaneous

We are physically located within the State of Utah in the United States.  This Agreement will be governed by the laws of the State of Utah and the laws of the United States applicable therein and shall be treated in all respects as a Utah contract, without reference to the principles of conflicts of law.  In the event of a dispute, you agree to submit to the exclusive jurisdiction of Utah courts.

Your use of the Services may also be subject to other local, state, provincial, national or international laws and the use of the Services may be prohibited by law in some jurisdictions. By using the Services you certify that the laws of the jurisdiction in which you are using the Services, permit the use of it, and you are responsible for complying with all local laws in your jurisdiction.  If the laws which apply to your use of the Services would prohibit the enforceability of this Agreement, or impose any additional burdens on us, or confer to you rights which are materially different than those granted to you under this Agreement, you are not authorized to use the Services and you agree to remove them from any computer or other device on which they may be installed.

We expressly exclude the United Nations Convention on Contracts for the International Sale of Goods and The International Sale of Goods Act (Manitoba), C.C.S.M. c. S11, as amended, replaced or re-enacted from time to time.

You agree to waive any right you may have to: a) a trial by jury; and b) commence or participate in any class action against us related to your use of the Services, the exchange of electronic documents between us or this Agreement and, where applicable, you also agree to opt out of any class proceedings against us.

If you are younger than 18, you may use the Services under the supervision of a parent or legal guardian.  Otherwise, you must be 18 or older to use the Services and in no circumstances shall people under the age of 13 use the Services.

The parties hereto have required that this Agreement and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. Words importing the singular include the plural and vice versa; and words importing gender include all genders, including the neuter gender, as the context may require.

We will not be liable for the failure or delay in our performance of our obligations under this Agreement due to any cause beyond our reasonable control, including, but not limited to: a) acts of God; or b) failure or disruptions in third-party-controlled or operated communications facilities; or c) worms, viruses and other disabling or disruptive software, communications or files.

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.  We may assign this Agreement without restriction. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void. This Agreement is binding on you and us, and your and our respective successors (including any successor by reason of amalgamation of any party), heirs, legal representatives and permitted assigns, as the case may be.

Your use of the Services may also be subject to other local, state, provincial, national or international laws and the use of the Services may be prohibited by law in some jurisdictions. By using the Services you certify that the laws of the jurisdiction in which you are using the Services, permit the use of it, and you are responsible for complying with all local laws in your jurisdiction.  If the laws which apply to your use of the Services would prohibit the enforceability of this Agreement, or impose any additional burdens on us, or confer to you rights which are materially different than those granted to you under this Agreement, you are not authorized to use the Services and you agree to remove them from any computer or other device on which they may be installed.

We expressly exclude the United Nations Convention on Contracts for the International Sale of Goods and The International Sale of Goods Act (Manitoba), C.C.S.M. c. S11, as amended, replaced or re-enacted from time to time.

You agree to waive any right you may have to: a) a trial by jury; and b) commence or participate in any class action against us related to your use of the Services, the exchange of electronic documents between us or this Agreement and, where applicable, you also agree to opt out of any class proceedings against us.

If you are younger than 18, you may use the Services under the supervision of a parent or legal guardian.  Otherwise, you must be 18 or older to use the Services and in no circumstances shall people under the age of 13 use the Services.

The parties hereto have required that this Agreement and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. Words importing the singular include the plural and vice versa; and words importing gender include all genders, including the neuter gender, as the context may require.

We will not be liable for the failure or delay in our performance of our obligations under this Agreement due to any cause beyond our reasonable control, including, but not limited to: a) acts of God; or b) failure or disruptions in third-party-controlled or operated communications facilities; or c) worms, viruses and other disabling or disruptive software, communications or files.

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.  We may assign this Agreement without restriction. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void. This Agreement is binding on you and us, and your and our respective successors (including any successor by reason of amalgamation of any party), heirs, legal representatives and permitted assigns, as the case may be.

Communication

When you visit our website, use the Services or send email to us, you are communicating with us electronically.  You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our website.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing and/or signed.

All notices given by you to us, must be given to us at the address set out below or by email to [email protected].  We may give notice to you at the email or mailing address you provide to us when you place an order with us, or register to use the Services, or by way of a general posting on our website.  Notice will be deemed to be received immediately when posted on our website, twenty-four (24) hours after an email is sent and three (3) days after a letter is posted. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post.  In the case of an email, notice will be proved by showing the email was sent to the specified email address of the recipient of the notice.

Our contact information can be found on our Contact Us link on our website.

Miscellaneous 

Insurify App’s use of information received from Gmail APIs will adhere to Google’s Limited Use Requirements.

Insurify is a registered business in Texas under the name Ecomsurance INC, USA.

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