PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

Your use of the Genmark Insurance Services Inc. website (the “Website”) is subject to the terms and conditions set forth below. By using the Website, you agree that you accept and will abide by these terms and conditions. If you do not accept these terms and conditions, do not use the Website. The terms and conditions may change from time to time and it is your responsibility to check for such updates.

GENMARK INSURANCE SERVICES INC. (“Genmark” or “we”) DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE WHICH IS STRICTLY AT YOUR OWN RISK.

The information provided on the Website (the "Content") is protected by copyright © Genmark 2003. All rights reserved. Genmark may update and/or modify the Content at any time and without notice.

Genmark hereby authorizes you to display on your computer, download and print pages of the Website and the Content, subject to the following provisions: (i) the Content may not be altered in any manner; and (ii) the Content is only to be used for personal educational and non-commercial use and will not be redistributed, broadcast or copied to any other media.
The Content is offered free of charge strictly on an "as is" basis and is intended to provide users with general information only. Genmark does not warrant or guarantee the accuracy, completeness or fitness of the Content for any particular purpose. Although Genmark is committed to updating the Content, such Content may, as a result of the passage of time, legislative changes or recent court decisions, no longer be accurate. The Content does not constitute legal advice or a legal opinion on any subject matter. This site is for general information purposes only and is not intended to provide you with any personalized financial, insurance, legal, accounting, tax or other professional advice. You will not rely on this site as a substitute for independent research or for personal advice from a representative of Genmark or its affiliated companies or any other appropriate professional advisor. If you wish to obtain further information about our products, please contact Genmark by telephone at 416-482-2089 during regular business hours.

For your convenience and information only, the Website may provide links to third party websites. You acknowledge that when you click on a link to a third party website, you will be leaving the Website and assume the risks inherent in doing so, including risks of personally identifiable information being collected without your consent and damages caused by computer viruses, Trojan horses or other destructive/disruptive code which may be downloaded from such linked websites. Genmark has not verified the nature or accuracy of the information contained on such third party websites and assumes no liability for any damages you may suffer from visiting such third party websites.

If you breach any of these terms and conditions, your authorization to use the Website automatically terminates and you must immediately destroy any downloaded or printed Content.

Nothing on this site constitutes an offer to buy or sell products or services of Genmark or its affiliated companies. All products and services are subject to the terms and conditions of any applicable contracts. Genmark products and services are available only in jurisdictions where they may be lawfully offered for sale in Canada.

Genmark owns or has obtained the right to use by license or otherwise the trade-marks used on or in connection with the goods and services that it provides. The trade-marks are protected by Canadian and foreign trade-mark laws. All rights reserved. The display of trade-marks on this site shall not in any way be construed as an implied license to use such trade-marks.

When you visit the Website or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the 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.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GENMARK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GENMARK DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM GENMARK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GENMARK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

GENMARK SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES WHICH MAY BE SUFFERED BY YOU OR OF ANY THIRD PARTY CLAIMED AGAINST YOU.

Genmark is committed to respecting and protecting your privacy and personal information (i.e. information that can personally identify you as an individual).

Genmark does not use cookies nor does Genmark use any electronic means to automatically collect personal information from you or your computer; however, Genmark's web servers will automatically collect IP addresses and we may view our web server IP log from time to time to prevent fraudulent acts and possible network attacks.

Other than as set out above, the only personal information collected by Genmark through the Website is that which you provide upon completing the online application form at the Website.

It is Genmark's policy to treat your personal information as private and confidential and to restrict the use and disclosure of such personal information to the specific purpose for which it was provided: delivering sales and services to our valued customers, tracking purchase history, responding to requests for information, evaluating our service performance, providing you with information about Genmark's opportunities, services and promotions that might be of interest to you, and conducting Genmark contests, raffles and lotteries. Genmark will not sell or in any manner distribute your personal information to any third party unless specifically authorized by you to do so or as required by law.

Although we strive to ensure that your personal information is protected at all times, we cannot guarantee that your communication over the Internet is fully secure or that the information you transmit to Genmark will not be intercepted and/or misused by third parties. Any person wishing to communicate or send information of a private or confidential nature to Genmark is encouraged to do so by other means.
For further detailed information on Genmark' commitment to protecting your privacy please contact our Chief Privacy Officer:

Third parties who act on behalf of Genmark to assist us with information processing such as: data processing and data storage facilities, internet server and support companies, are each required to adhere to the privacy standards set out in our Privacy Policy.

Genmark stores personal information in a confidential database and in secure files located at our stores and our corporate head office. Access to this information is restricted to authorized staff who have been trained in dealing with information in accordance with our privacy standards and who have signed a confidentially agreement.

At all times, you shall have the right to access, verify and amend your personal information provided to and maintained by Genmark. In addition, you also have the right to withdraw your consent to the collection and treatment of your personal information by Genmark. To access, edit or delete your personal information provided to Genmark, please contact Genmark by telephone at 416-482-2089. Genmark reserves the right to maintain your personal information off-line as may be required or permitted by applicable law.

In providing Genmark with personal information through the Website, you consent to the collection and treatment of that information in accordance with these terms and conditions. You are deemed to receive such consent from any third party about whom you may also be disclosing personal information to be collected as is necessary to allow for the collection and treatment of that information in accordance with this privacy policy. You may withdraw your consent with respect to any particular use or disclosure by Genmark of your personal information at any time by sending written instructions to our Chief Privacy Officer at the address set out above.

Acknowledgement of Customer Responsibility

The Customer shall be solely responsible for the selection of suitable equipment to support the use of the Website and for the results obtained from such use. 

Interpretation

Headings and marginal descriptions of all Articles and Sections of these terms and conditions are included solely for convenience of reference and are not intended to be full or accurate descriptions of the contents hereof, and shall not affect the construction or interpretation of these terms and conditions or of any part thereof.

Time of Essence

Time shall be strictly of the essence of these terms and conditions and of every part thereof and no extension or variation of these terms and conditions shall operate as a waiver of this provision.

Governing Law

These terms and conditions shall be governed and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.

Entire Agreement

These terms and conditions constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior representations, warranties, conditions, agreements and understandings, whether oral or written, express or implied. No supplement, modification or waiver of these terms and conditions shall be binding unless signed by both parties hereto.

Force Majeure

Genmark's performance under these terms and conditions are subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government or governmental authority, war or other hostility, terrorism, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labour dispute, inability to obtain necessary supplies, inability of any computer system or software to property calculate dates.

Notices

All notices and communications which may be or are required to be given by either party hereto to the other party hereto, shall be in writing and: (i) delivered personally; (ii) sent by prepaid courier service; or (iii) sent by facsimile or other similar means of electronic communication or sent by registered mail, charges prepaid, to the parties at their following respective addresses:

if to Genmark at:

Genmark Insurance Services Inc.
1670 Bayview Avenue
Suite 500
Toronto, ON M4G 3C2
Fax: 416-482-9800

Attention: Kay-Lee Franklin

if to you at the most recent address in Genmark's records.

Any such notice or other communication shall be deemed to have been given and received on the day on which it was delivered or transmitted (or, if such day is not a Business Day, on the next following Business Day) or, if mailed, on the 3rd Business Day following the date of mailing; provided, however, that if at the time of mailing or within 3 Business Days thereafter there is or occurs a labour dispute or other event that might reasonably be expected to disrupt the delivery of documents by mail, any notice or other communication hereunder shall be delivered or transmitted by means of recorded electronic communication as aforesaid. Either party hereto may at any time change its address for service from time to time by giving notice to the other party hereto in accordance with this Section. For the purposes of this Section, a “Business Day” means any day other than a Saturday, Sunday or Statutory holiday in the Province of Ontario.

Severability

It is intended that all covenants, terms or provisions hereof shall be fully binding and effective as between the parties, but in the event that any covenant, term or provision, or any part thereof, should become or be found to be void, voidable or unenforceable for any reason whatsoever then such particular covenant, term or provision shall be deemed severed from the rest of these terms and conditions and it shall not be deemed to affect or impair the validity of any other covenant, term or provision of these terms and conditions and all other covenants, terms or provisions hereof shall remain in full force and effect.

Continuity and Binding Effect

These terms and conditions shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

Further Assurances

The parties hereto agree that they will do all acts and things and execute and deliver such further and other papers and documents as may be necessary or desirable or reasonably required by any party hereto at the cost of the party making such request to carry out the intent and purpose of and give full effect to these terms and conditions and every part thereof.

The parties hereto confirm that it is their wish that these terms and conditions, as well as all other documents relating hereto, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents, y compris tout avis, qui s'y rattachent, soient rédigés en langue anglaise.

#871227

last update: September 15, 2004