- Interpretation and Jurisdiction
- Links to other sites
When you access the Web site property of Tench-MacDiarmid Insurance Brokers Ltd. (“Tench Insurance”), including all information, materials, texts, illustrations, graphics and images (the “Site”), you accept and agree to be bound by and comply with the agreement regarding the use of this Site (the “Agreement”), the terms and conditions of which are described below as well as at other locations on the Site.
We reserve the right, at our sole discretion, to modify the terms and conditions at any time without any notice to you. Such modifications are effective immediately upon posting. You agree to be bound by such modifications through your continued use of this Site. We recommend you revisit these terms and conditions periodically and your continued use of this Site will be deemed your conclusive acceptance of any modification.
These terms and conditions are of general application and shall be read together with and as supplementary to any disclaimer, term, or condition posted on this Site. Please take a moment to become familiar with the terms and conditions. If you do not accept these terms and conditions, you should immediately discontinue the use of this Site.
The information, materials, images, illustrations, graphics, text, and postings (“Content”) provided by Tench Insurance is believed to have been accurate and reliable when posted on the Site, but it cannot guarantee that it is accurate or complete or current at all times. As a result, Tench Insurance cannot be held responsible, in whole or in part, for the accuracy and completeness of the Content provided in the Site.
You agree that you are solely responsible for any Content that you create, transmit, or post on the Site (“User Content”) and that Tench Insurance has no responsibility to you or to any third party for such User Content. In particular, without limiting the generality of the foregoing, you represent and warrant that you:
- are the sole author and owner of the intellectual property rights thereto;
- all “moral rights” that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 16 years old;
Notwithstanding the foregoing, you agree that any User Content you provide shall not contain any computer viruses, worms or other potentially damaging computer programs or files or be offensive, discriminatory, indecent, illegal, profane or otherwise unsuitable for a public forum and further agree to indemnify Tench Insurance from any claim, loss or damage which Tench Insurance may suffer as a result of your User Content.
While Tench Insurance reserves the right to pre-screen, review, flag, filter, modify, remove or refuse any or all User Content from the Site, Tench Insurance shall not be obligated to do so and as such you understand that you may be exposed to Content that you may find offensive, indecent or objectionable and that in this respect, you use the Site at your own risk. Without limiting the foregoing, Tench Insurance reserves the right to remove:
- Advertisements, “spam” content, or references to other products, companies, offers, websites or third party intellectual property;
- Email addresses, URLs, phone numbers, physical addresses or other forms of personal information;
- Critical or spiteful comments of other reviews posted on the page or their authors; or
- Any other comments Tench Insurance, in its sole discretion, deems inappropriate.
For any User Content that you submit, you grant Tench Insurance a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
Access and use of this Site are subject to all laws and regulations applicable in your province or territory of residence. Please be aware that some products and services described in the Site may not be available in your province or territory of residence. Persons accessing this Site are required to obtain information about and observe any relevant restrictions. It is your responsibility to determine if you can legally use the Site in compliance with all applicable laws.
If any term or condition 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 of the Agreement.
The terms, exclusions and conditions of the contracts relating to brochures, guides, products and services mentioned on this Site are not fully described. Their interpretation is governed by the terms and conditions of the contract applicable to the insurance product purchased, and by any applicable laws and regulations. In case of any discrepancy between the contract and the Site, the contract will apply.
Once you have gained access to the Site, it is highly recommended that you do not leave the computer terminal until you have left the Site.
Tench Insurance does not warrant that any information, software or other material accessible through the Site or through links to other Web sites 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.
Certain section of the Site may permit the communication of personal information to take advantage of electronic services. Any personal information submitted to the Site is used for the purpose(s) identified in its collection.
Cookies are small data files sent to the Internet browser when a user visits an Internet site. Cookies record information on the visitors or on the pages visited.
Tench Insurance has retained the services of a specialized firm to help it evaluate the effectiveness of our advertising and to determine the behaviour of visitors on our Site. To this end, Tench Insurance uses Internet tags and cookies provided by this firm and added to the web pages. We gather only information pertaining to your behaviour on our Site, such as the pages you visit; no personal information is gathered.
The Site is protected by the Copyright Act, by the copyright laws of other countries and International Agreements on such matters, and its Content cannot be altered without infringing on Tench Insurance’s and the author’s rights and moral rights.
The Content displayed on the Site is and will remain at all times the property of Tench Insurance and/or the author, unless stipulated otherwise herein. The Content cannot, under any circumstances, be sold, reproduced, copied, modified, altered, published, distributed, uploaded, broadcast or retransmitted in whole or in part, as the case may be, without prior written consent from Tench Insurance and/or the author(s). Any unauthorized act including downloading, retransmission or other copying or modification of the Content may be a violation of any federal or other law applicable to copyrights and may give rise to legal action.
No Content from the Site may be cited on or transmitted to newsgroups, mail lists, electronic bulletin boards, blogs or incorporated into any other Internet Web site nor may links be created to this Site without indicating the source and address of the Site and without the prior written consent of Tench Insurance.
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 trade-marks of Tench Insurance, its parent or affiliates, registered and/or used in Canada or in other countries, as the case may be, and represent only part of the intellectual property of Tench Insurance, its parent or affiliates (the “Trade-marks”).
Certain names, words, titles, phrases, logos, icons, graphics or designs or other Content in the pages of the Site can constitute trade-marks or trade-names, registered or not, of third parties and may be used under licence. The users are not permitted to use these trade-marks or trade names without express consent from Tench Insurance or from the third party proprietor of these trade-marks or trade names.
Any unauthorised downloading, re-transmission, or other copying or modification of the Trade-marks and/or the Content of the Site may be a violation of any federal or other law that may apply to trade-marks and/or copyrights and give rise to legal action.
All Content found or accessed on this Site is provided on an “AS IS” basis and without warranties of any kind, either expressed or implied. Tench Insurance completely disclaims all liability arising from the use of the Content contained on this Site by any user. Further, and without limiting the generality of the foregoing, in no event shall Tench Insurance 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.
Without limiting the above, Tench Insurance 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.
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 are not reviewed, nor approved by Tench Insurance. These links should not be construed as an endorsement, a guarantee or a recommendation of the products or services offered on those sites. Tench Insurance cannot guarantee that these links are functional or secure.
Tench Insurance is not responsible for damages or prejudice of any nature resulting from the use or the Content of this Site or content of other sites connected to the Site by hyperlink.