Welcome and thank you for making Dundas Life Incorporated your go to source for insurance technology services and operating as a general agency for brokers. At Dundas Life, we believe that the best relationships are clearly defined so that everyone knows what they are getting into and what they are getting out of it. To that end, we have created the terms of services below to set out the nature of our relationship with respect to you using our site.
PLEASE REVIEW THE FOLLOWING TERMS OF SERVICES AGREEMENT (“AGREEMENT”). THIS AGREEMENT FORMS A LEGAL AGREEMENT BETWEEN YOU AND DUNDAS LIFE INCORPORATED, AN ONTARIO CORPORATION LOCATED AT PO BOX 30012, TORONTO RPO DOVERCOURT, TORONTO ON, M6J 3V3 DOING BUSINESS AS DUNDAS LIFE, DUNDAS BROKERS, DUNDAS TECHNOLOGIES, AND BROKER BUCKS (“DUNDAS LIFE’’) WHICH GOVERNS YOUR ACCESS TO AND USE OF DUNDAS LIFE’S SERVICES AS AN INSURANCE TECHNOLOGY PROVIDER. PLEASE REVIEW THIS ENTIRE AGREEMENT BEFORE YOU DECIDE WHETHER TO ACCEPT IT AND CONTINUE WITH THE REGISTRATION PROCESS.
BY CLICKING ON THE "I AGREE" BUTTON ON THE REGISTRATION PAGE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND THE DUNDAS LIFE PRIVACY POLICY. SHOULD YOU NOT AGREE WITH THE FOLLOWING AGREEMENT, PLEASE DO NOT CLICK "I AGREE”.
Dundas Life carries on the business of insurance technology services, amongst other business. This Agreement is with respect to the insurance technology services and operating as a general agency for brokers, which consists of providing you, an insurance broker (the “Broker”), with a customer relationship management (CRM) platform and related services that may include social media management, lead generation management, landing page building, email marketing, customer support, product updates, custom workflows, and sales/marketing automations (the “Services”). Please reference your specific sales contract with Dundas Life for details of services included. Dundas Life reserves the right to outsource any or all of the insurance technology services to a third party.
The connection between Dundas Life and the Broker (“the Parties”) is facilitated through the proprietary website, www.dundasbrokers.com and www.brokerbucks.ca (the “Website”).
THIS AGREEMENT SETS FORTH THE TERMS UNDER WHICH DUNDAS LIFE WILL PROVIDE THE WEBSITE, AND THE SERVICES TO THE BROKER. BROKER’S ACCESS TO AND USE OF THE WEBSITE, AND THE SERVICES IS GOVERNED SOLELY BY THE TERMS OF THIS AGREEMENT WHICH SUPERSEDES THE TERMS OF ANY OTHER PRIOR WRITING OR UNDERSTANDING BETWEEN THE PARTIES.
This Agreement shall remain in full force and effect from the date hereof and shall continue unless and until terminated. This Agreement shall endure to the benefit of and be binding upon the parties and their respective legal or personal representatives, heirs, executors, administrators, successors or permitted assignees. Dundas Life may terminate this Agreement at any time without cause by giving the other party written notice of one (1) business day after which Dundas Life shall cease providing access to the Dundas Life Website, and/or Services. The Broker may terminate their account at any time for any reason by emailing support@dundas.life. Dundas Life reserves the right to retain information associated with the Broker’s account for a period of time before deleting such information. This period of time may be a reasonable period of time, or a period of time in accordance with the law.
The following disclaimers are made on behalf of Dundas Life, Dundas Life’s affiliates, Dundas Life’s customers, subsidiaries, parents, successors and assigns, and each of their respective officers, directors, employees, agents, and shareholders.
Dundas Life enables the Broker to purchase the Services which the Broker’s customers and potential customers (“Customers”) will then interact with.
It is up to the Broker to decide whether or not to provide brokerage assistance to a Customer interacting with the Broker through the provided Services. It is up to the Customer to decide whether or not to request brokerage assistance from any Broker contacted through the Dundas Life Website. Dundas Life cannot ensure that a Broker or Customer will complete an arranged sale. Dundas Life has no control over the quality or safety of the sales.
For greater clarity, Dundas Life only provides the platform for facilitating the connection between the Broker and any Customers; the Customer contracts directly with any Broker for any brokerage assistance pursuant to the terms in Schedule A. As such, Dundas Life is not responsible for any actions of a Customer.
The Broker refers to an individual engaged in providing certain types of insurance brokerage assistance in the jurisdiction in which the Broker has legal authority to do so for Customers. The Broker with which the Customer establishes a relationship is solely responsible for providing the Customer with the sales. Dundas Life only provides the Services that enables the Broker to connect with Customers who may be interested in purchasing insurance or managing their current insurance.
Dundas Life can be used only in areas where Dundas Life offers Services. DUNDAS LIFE DOES NOT CONDUCT BUSINESS IN QUEBEC AND DOES NOT SUPPORT SUPPLY OF SERVICES TO CUSTOMERS OR POTENTIAL CUSTOMERS LOCATED IN QUEBEC. Dundas Life is void where prohibited by law. Dundas Life may modify the Dundas Life Website, the provided Services and this Agreement at any time without any notice and in its sole discretion. The continued use of the Website, and/or provided Services constitutes acceptance of modifications to this Agreement. Dundas Life may block or prevent access and use to any portion of the Dundas Life Website, and/or Services without any notice and in its sole and absolute discretion.
The Dundas Life Website, and/or Services is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. Dundas Life does not guarantee and does not promise any specific results from use of the Dundas Life Website, and/or the Services, including the ability to provide or receive Services at any given location or time. By using the Dundas Life Website, and/or Services, the Broker acknowledges that Dundas Life is not providing insurance mentorship, advice or guidance on the business of insurance.
To use the Dundas Life Website, and/or Services, the Broker may be required to provide Dundas Life with certain information including: their real name, address, email, telephone number, date of birth, business information, social media URLs, website, and hosting, and payment information. The Broker must be 18 years of age or older and reside in Ontario or another jurisdiction where Dundas Life provides services to use the Dundas Life Website, and Services. The Broker must also create an account and have Wi-Fi or data plan internet access. The Broker also acknowledges that their wireless provider may have additional charges for text messages or data.
Upon accepting the terms of this agreement, Dundas Life hereby grants the Broker a revocable, non-exclusive, non-transferable limited license to use and access the Dundas Life Website, and Services in strict accordance with the terms in this Agreement. The Broker agrees not to make any false or fraudulent statements as they use and access the Dundas Life Website, and Services. The Broker acknowledges and agrees that all content and services available on this site are property of Dundas Life and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in Canada and internationally. All rights not expressly granted herein are fully reserved by Dundas Life.
Except as may be explicitly permitted, the Broker agrees not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from the Website and/or Services. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
By using the Site, you represent and warrant that: 1) all registration information you submit will be true, accurate, current, and complete; 2) you will maintain the accuracy of such information and promptly update such registration information as necessary; 3) you have the legal capacity and you agree to comply with these Terms of Use; 4) you are not a minor in the jurisdiction in which you reside in; 5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; 6) you will not use the Site for any illegal or unauthorized purpose; 7) and your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
When creating their accounts, the Broker will use his/her legal name, real and valid phone number, and valid email address and create a password to use in association with the Broker’s email address for access to and use of the Website. The Broker shall use their best efforts to prevent access to their password by anyone other than themselves, including but not limited to, keeping such information strictly confidential, notifying Dundas Life immediately if the Broker discovers loss or access to such information by an unauthorized party, and by using a secure name and password not easily guessed by a third party. The Broker agrees that they shall not try to reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via the Website. The Broker also agrees to update their account information as soon as it changes. The Broker acknowledges that they are responsible for all activity linked to their account.
Upon creating their account, the Broker will be provided with access to the technology platform, including the CRM, website builder, email marketing, and social media tools. They will also be eligible to purchase additional services related to lead generation or using the technology.
If the Broker forgets their password, the Broker will be directed to a password recovery page to recover their password associated with the Broker’s email address.
Broker is responsible for all activities that occur under Broker’s account. Broker will not, and will not attempt to, do any of the following:
a. Usurp any business opportunity or Customer from Dundas Life;
b. Upload, post, or otherwise distribute or facilitate distribution of any content
– including text, communications, video, website, images, sounds, data, or other information that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, sexually explicit or graphic, or otherwise in violation of this Dundas Life’s rules or policies;
- infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains website viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any website, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers.
c. harvest or collect information about the Customers of this Websiteor use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of the Broker’s own or a third party.
d. solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate parental consent.;
e. use or access the Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or
f. use the Dundas Life Website in any way that, in the sole judgment of Dundas Life, is objectionable or which restricts or inhibits any other person from using or enjoying the Dundas Life Website, or which may expose Dundas Life or its Brokers to any harm or liability of any type, or creates or imposes Dundas Life inappropriate load or creates large bandwidth-consuming transactions on the Dundas Life Website.
In addition to any other right or remedy that Dundas Life may have under this Agreement or at law, Dundas Life may suspend or terminate a Broker’s access to the Dundas Life Website upon receipt of any notice which alleges that the Broker has used this site in violation of this Agreement and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. The Broker is responsible for any claims, fees, fines, penalties, and other liability incurred by Dundas Life or others caused by or arising out of Broker’s breach of this Agreement or its use of the Dundas Life Website.
Dundas Life will collect, use, store and disclose Personal Information of Brokers on behalf of Broker and subject to Broker’s instructions.
The use of the Dundas Life Website is at the Broker’s own risk. While Dundas Life uses reasonable efforts to include accurate and current information on Dundas Life’s Website, and Services, Dundas Life does not warrant or represent that the Website, and Services will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. Dundas Life reserves the right to correct any inaccuracies or typographical errors on Dundas Life’s Website, and Services, including pricing and availability of products and services, and shall have no liability for such errors. Dundas Life does not represent or guarantee the truthfulness, accuracy, or reliability of and takes no responsibility and assumes no liability for any content posted, stored or uploaded by the Broker, any Broker of the Dundas Life Website, or any third party on, in or to the Dundas Life Website or for any loss or damage arising therefrom, nor is Dundas Life liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity the Broker may encounter.
The Dundas Life design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Dundas Life Website, and Services are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Website does not constitute a waiver of any right in such elements. The Broker does not acquire ownership rights to any such elements viewed through the Dundas Life Website. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, mechanical, photocopying, recording, or otherwise, without Dundas Life’s prior written permission. Dundas Life’s name, logo, and all product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of Dundas Life. The use or misuse of any Marks or any other materials contained on the Website, without the prior written permission of their owner, is expressly prohibited.
When implementing the Services, Dundas Life will be entitled to use trade names, trademarks, and service marks (“Marks”) of the Broker. During the term, the Broker grants Dundas Life a limited non-exclusive, royalty-free, non-assignable, non-transferable license to use the Broker’s Marks.
There is a minimum charge of $249.00 CAD/month per Broker to register with us and use the Dundas Life Service (“Services Fee”). Dundas Life reserves the right to adjust the Services Fee in any manner and at any time as it may determine in its sole and absolute discretion.
IF THERE IS ANY ERROR, ISSUE, OR PROBLEM WITH THE CUSTOMER’S ORDER, THE BROKER MUST CONTACT THE PARTICIPATING CUSTOMER DIRECTLY TO RESOLVE THE ERROR, ISSUE, OR PROBLEM AND DUNDAS LIFE DOES NOT ACCEPT ANY RESPONSIBILITY AND/OR LIABILITY FOR RECTIFYING ANY INCORRECT ORDERS AS DESCRIBED HEREIN.
Dundas Life reserves the right to modify or implement a new pricing structure at any time prior to billing the Broker for the Broker’s initial payment or for future payments due.
This Agreement does not constitute a partnership or joint venture, and nothing herein contained is intended to constitute, nor will it be construed to constitute, such a partnership or joint venture. Brokers who utilize the lead generation program shall join Dundas Life as independent brokers only.
The Brokers are not employees of Dundas Life and are solely customers. The Broker is solely responsible for the provision, supervision, and direction of the brokerage assistance provided and shall be responsible for the manner in which the brokering assistance is performed, for the method employed in doing the same and for all acts and things done in the performance of the foregoing.
All Brokers have their own independent business and other than using the Dundas Life Website, and Services to receive and respond to Customer requests and other administrative agency services, Brokers are not in any other way associated with Dundas Life.
Dundas Life is not responsible for any issues the Customer may have with respect to the Broker’s conduct, sales, advice or information provided, or any other actions.
The Broker will require the Customer to enter into a separate contract with the Broker, with terms at least as favourable to Dundas Life (as determined by Dundas Life in its sole and absolute discretion) as those contained in Schedule A. Dundas Life is not a party to the relationship between the Broker and the Customer, and shall not, in any way, be liable to a Broker or Customer or any other third party, for any claims arising either directly or indirectly from such separate contracts.
The Broker acknowledges that even after the Customer’s brokering assistance and insurance request, the Customer may cancel such request due to unforeseen circumstances. The Broker acknowledges that the Customer’s request may be cancelled at any point in time before a purchase is made.
The Broker acknowledges that Dundas Life does not guarantee that the Broker will acquire any work through the Dundas Life Website, or Services.
Broker is solely responsible for obtaining any liability insurance, errors & omissions insurance, and personal and/or corporate insurance needed, desired or required by law as an independent contractor and insurance brokerage business, and you hereby agree that you are not covered by or eligible for any insurance of any kind maintained by Dundas Life.
During the term of this Agreement, Dundas Life shall respond in a timely basis to all reasonable requests by Broker for relevant information in support of Broker accessing the Website and the Dundas Life hereunder. On reasonable notice, the Broker may request Dundas Life to review the Dundas Life Website, and Services in order to monitor compliance with Broker’s obligations under this Agreement and Applicable Laws.
To the extent applicable in the performance of carrying out business, Dundas Life shall provide the Broker with the necessary access to use the Website, subject to the terms and conditions of this Agreement and the applicable terms of use. The Broker hereby acknowledges and agrees that (i) the Website and the Dundas Life Website is provided from Canada and the United States notwithstanding the location of the Broker or any Broker at any time, and (ii) that the Dundas Life Website is a communication system only.
As the Website and Services are hosted in both Canada and the US, please advise relevant parties and clients in relevant disclosure documents in case data residency is regulated in a specific field you operate in. The Broker is responsible for complying with all applicable regulations and laws relating to the data residency and disclosure.
EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, DUNDAS LIFE MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. THE WEBSITE, THE DUNDAS LIFE WEBSITE, AND THE SERVICES ARE PROVIDED ON AN “AS IS”AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DUNDAS LIFE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE WEBSITE, THE DUNDAS LIFE WEBSITE, AND THE SERVICES INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
The Broker consents to Dundas Life collecting the precise location of the Broker’s device when the Dundas Life Website is running in the foreground or background. If the Broker shall label certain locations, such as “home” and “work,” Dundas Life will receive that information.
The Broker covenants and agrees that Broker shall not disclose to anyone any Confidential Information or use any Confidential Information provided by Dundas Life for any purpose.
The Broker agrees to defend, indemnify, and hold harmless Dundas Life, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including legal fees, that arise from the provision of Services in connection with the Website or, or any Services, information or products from this Website any violation of this Agreement. Dundas Life reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Broker, in which event the Broker shall cooperate with Dundas Life in asserting any available defenses. DUNDAS LIFE DOES NOT DO BUSINESS IN QUEBEC. IF THE BROKER CHOOSES TO ENGAGE WITH CUSTOMERS IN QUEBEC, BROKER SHALL INDEMNIFY DUNDAS LIFE FOR ANY AND ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING LEGAL FEES.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL DUNDAS LIFE BE LIABLE TO THE CUSTOMER, BROKER OR ANY THIRD PARTY (INCLUDING ANY INSURANCE COMPANY) FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED BY ANY BROKERS THAT THE CUSTOMER CONNECTS WITH VIA THE SERVICES, EVEN IF DUNDAS LIFE IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE MAXIMUM LIABILITY OF DUNDAS LIFE FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND SALON MALPRACTICE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE LESSER OF: SIX MONTHS OF THE SERVICES FEE AND ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION OF LIABILITY OF DUNDAS LIFE WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING FROM THE USE OF THE SERVICES.
For greater certainty, but not to limit the above in any manner, in no event will Dundas Life, its respective agents, employees, shareholders, officers, directors, contractors, legal advisors ("Representatives"), parent companies, affiliates, subsidiaries, and each of its Representatives, be liable in any manner whatsoever for any damages of any kind, including but not limited to indirect, incidental, consequential, special or punitive damages arising out:
- Late, lost, delayed, damaged, misdirected or otherwise, electronic correspondence;
- The Broker’s access, use or inability to use Dundas Life Website, or Services, or the Broker’s use of any content thereof;
- Any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure (including damages that result from inaccuracy of the information, inconvenience, delay, or loss of the use of the Dundas Life Website, or Services);
- Any unauthorized access to or use of Dundas Life’s secure servers and/or any and all information stored therein;
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through Dundas Life by any third party;
- Personal or property damage, of any nature whatsoever resulting from the Customer’s use of the Dundas Life Website, or Services or the brokerage assistance of Brokers;
- Statements, services or conduct of the Brokers or any third party; and
- Any and all losses, damages, rights, claims and action of any kind in connection with or resulting from registering, enrolling, or participating with Dundas Life.
The Broker acknowledge that some parts of Dundas Life are reliant on third-party service providers. Because of this, the Broker acknowledges that there may be interruptions in service or events that are beyond Dundas Life’s control. The Broker understands and acknowledges that due to circumstances both within and outside of Dundas Life’s control, Dundas Life’s Website, and Services and the Broker’s access to it may be interrupted, suspended or terminated.
Except where prohibited by applicable law, the Broker waives any right the Broker may have to commence or participate in any class action against Dundas Life related to any claim, and where applicable, the Broker also agrees to opt out of any class action proceedings against Dundas Life.
In addition to the recognition that Dundas Life is not a party to any agreement between the Customer, the Broker and any insurance policy offered for sale to the Customer by the Broker, the Broker hereby releases the Representatives from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with the Customer or any third party, whether it be at law or in equity. This release includes, without limitation, any disputes concerning the performance, function, and quality of the brokerage assistance provided to a Customer by a Broker.
By entering into this Agreement, the Broker expressly consents to receiving electronic messages from Dundas Life which messages shall provide information related to the Dundas Life Website, and Services. If Broker wishes to use the Dundas Life on a mobile device, such Broker further expressly consents to the installation of the Website and/or mobile applications (and any updates) required to use the Dundas Life Website on mobile devices. Brokers may contact Dundas Life at the email located below in order to cancel their consent to receive electronic messages and/or website updates at any time.
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy All notices and communications required or permitted under this Agreement to Dundas Life will be in writing and will be sent by email, without read receipt required. Only when a read-receipt has been received by the Broker, or Dundas Life has replied to Broker’s message, will the notice be considered delivered and received. Broker may send notices to: support@dundas.life
A notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Broker’s email address as documented in the Registration Confirmation. Notices will be deemed to have been given upon the next full business day in the Province of Ontario after being sent. posted on the Site, which is incorporated into these Terms of Use.
Time shall be of the essence in the performance of the Broker’s obligations under this Agreement and of every part thereof, and no extension or variation of this Agreement shall operate as a waiver of this provision.
This Agreement constitutes the entire agreement of the Parties, and no amendment to the terms of this Agreement will be effective unless in writing. Dundas Life may at any time modify the terms of this Agreement by updating these terms. The continued use of the Website or Services constitutes acceptance of modifications to this Agreement.
This Agreement may not be assigned or subcontracted (in whole or in part) by Broker, and any assignment or subcontract is void ab initio.
Dundas Life shall not be liable for any delays or failure in performance due to causes beyond its reasonable control, including but not limited to, acts of God, acts of any government, war, natural disasters, strikes, civil disturbance, work refusal, fires, equipment failure or the website or systems of a third party. If such a delay occurs, performance obligations shall be deemed extended for a period equal to the delay.
The parties hereby irrevocably attorn to the exclusive jurisdiction of the courts of the province of Ontario with respect to any dispute arising hereunder. This agreement and any sales thereunder shall be deemed to have been made in the province of Ontario and shall be construed and interpreted according to the laws of the province of Ontario and the applicable laws of Canada. Dundas Life and the Broker expressly exclude the United Nations Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act (Ontario), as amended, replaced or re-enacted from time to time.
The provisions of this Agreement are to be considered separately, and if any provision hereof should be found by any court or competent jurisdiction to be invalid or unenforceable, this Agreement will be deemed to have effect as if such provision were severed from this Agreement.
The failure of Dundas Life to insist upon or enforce strict performance of any provision of this Agreement or to exercise any rights or remedies under this Agreement will not be construed as a waiver or relinquishment to any extent of Dundas Life’s right to assert or rely upon any such provisions.
The terms and conditions of Section 6.0 (CONFIDENTIALITY AND NON-DISCLOSURE), Section 7.0 (INDEMNITY AND LIMITATION OF LIABILITY) and Section 8.0 (GENERAL), as well as any indemnity specified in this Agreement, will survive any termination of this Agreement.
By accepting this Agreement, the Customer agrees to contract with the Broker and Broker agrees to contract with the Customer pursuant to the following terms:
1. The terms of the Agreement are incorporated by reference, as applicable;
2. These Terms do not constitute a partnership or joint venture, and nothing herein contained is intended to constitute, nor will it be construed to constitute, such a partnership or joint venture;
3. The Customer and Broker shall:
- Provide services in a manner detailed by their regulatory body;
- Comply with the terms of the original Order;
- Exhibit courtesy and professionalism to the all parties encountered during the Services;
- Respond to the other party’s communications in a timely manner;
- Provide and receive clear direction as to the insurance needs required;
- Pay all fees in a timely manner, including any cancellation or change fees;
- Advise the other party as soon as possible if there are any changes required to the Order; and
- Act reasonably to any request the other party furnishes.
4. The Broker Customer agrees to comply with all professional rules governing the profession. The Customer further agrees that:
- The Broker’s professional liability insurance will cover any loss incurred as a result of the Services or Order.
5. The Customer agrees to defend, indemnify, and hold harmless the Broker, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claim, and expenses, including legal fees, that arise from the provision of services by the Broker or any violation of these Terms.
6. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL THE BROKER BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THESE TERMS, OR THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, SERVICES, OR ANY PART OF THE ORDER, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE WEBSITE OR SERVICES OR ANY SERVICES PERFORMED BY ANY BROKERS THAT THE CUSTOMER CONNECTS WITH VIA THE WEBSITE, OR SERVICES, EVEN IF THE BROKER IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE MAXIMUM LIABILITY OF THE BROKER FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MALPRACTICE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THESE TERMS WILL NOT EXCEED THE AMOUNT RECOVERED OR RECOVERABLE FOR ANY INSURANCE POLICY COVERING THE BROKER AND IF NO AMOUNT IS RECOVERED OR RECOVERABLE FOR ANY INSURANCE POLICY COVERING THE BROKER, ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION OF LIABILITY OF BROKER WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING FROM THE USE OF THE SERVICES.
7. The Customer acknowledge that some parts of the Order and related brokering assistance provided by the Broker are reliant on third-party service providers. Because of this, the Customer acknowledges that there may be interruptions in service or events that are beyond the Broker’s control. The Customer understands and acknowledges that due to circumstances both within and outside of the Broker’s control, the Website, Services and the Customer’s access thereof may be interrupted, suspended or terminated.
8. The Broker may subcontract or use a subcontractor to perform part of the Order.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at support@dundas.life.
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You are using the website of © 2023, Dundas Life Inc. (FSRA #37628M). Dundas Life is a digital insurance brokerage who sells (ie. brokers) life insurance coverage from several Canadian life insurance companies. Dundas Life currently services clients in Canada, specifically in the provinces of Ontario, Alberta, and British Columbia. Insurance documents and contracts are made between the insurance company and the end user. Prices may vary based on individual factors such as age, gender, smoker status and more. Please reference the final issued insurance documents for more details. See Dundas Life's Terms & Privacy Policy for more information regarding interacting with our website and service.