TERMS & CONDITIONS

HTTPS://WWW.POLICY-COMPARE.CA
Effective Date: July 1, 2022
Last Updated: January 21, 2025



1. Preliminary Provisions:

1.1. Introduction – Welcome to Our Website’s Terms of Service. The provisions of this Agreement will govern your use of Our Website, and You should therefore take some time to read it carefully. Our Website is different from many other sites on the Internet as it is exclusively in the business of marketing opportunities that might be achievable for individual(s) seeking insurance policies.

1.1.1. Our Website, in providing this marketing service, we collect personal information/personal data for purposes of directing the User to potential opportunities it might choose to explore with companies providing insurance products and/or services. By virtue of the User’s voluntary and knowing use of Our Website, the User also acknowledges and accepts that Our Website is not directly affiliated with any possible third-party insurance policy brokerage and/or provider, and that Our Website exerts no control over those third-parties, and the potential quality and viability of such third-party services. We do not get involved in any disputes that may develop between such third-party insurance product and/or service providers, and We do not facilitate communication between third parties.

1.1.2. Accordingly, You, as the User, are urged to use Your own good judgment and common sense when responding to such Advertisements, as We are not responsible for any interactions occurring between Our Users and any third-parties purporting to provide potential insurance products and/or services. Federal law and international treaty law protects sites like Ours from civil claims, so We encourage You to independently research any information provided by any third-party insurance providers referred via Your use of Our Website, and before making any decisions on acceptance of any third-party products and/or services. We hope that You thoroughly enjoy Our service, and anticipate that You will find Our Site useful and informative. Should You have any questions or comments regarding Our Website, or its policies, please feel free to contact Us at: __________@_____.ca.

1.2. Additionally, through the use of these Terms and Conditions, We are placing legal conditions on Your use of this Website (www.policy-compare.ca), hereinafter the “Website”), and making certain promises to You.

1.3. Our first condition is that You must agree to all of the conditions in this set of Terms and Conditions of use (hereinafter, “T&Cs” or “Agreement”). You do not need to use Our Website; therefore, if You do not wish to be bound by each and every provision in this Agreement, then You are not welcome to use this Website and should leave and use another service.

1.4. You may not unilaterally disregard any portion of this Agreement. However, if there is a particular portion of this Agreement that You wish to avoid, You may contact Us to negotiate a separate agreement BEFORE You use the Website. We do not guarantee that such negotiations will be successful. Nevertheless, if You wish to discuss Your own personalized Agreement, please contact Us or have Your lawyer do so.

1.5. If You do not understand all of the terms in this Website, then You should consult with a lawyer before using the Website.

1.6. Party Definitions

1.6.1. “Us,” the service provider – It should be obvious, but for the sake of legal clarity, when this Agreement uses first-person pronouns such as “Us,” “We,” “Our,” “Ours,” etc., those first-person pronouns are referring to policy-compare.ca.

1.6.2. “You,” the User – As a User of this Website, this Agreement will refer to the User as “You” or through any second-person pronouns, such as “Yours,” etc. Throughout this Agreement, the User of the Website is referred to in applicable second-person pronouns.

1.6.3. When the term “Website” is used in this set of T&Cs, it means www.policy-compare.ca, unless the Agreement specifically says otherwise.

1.7. Consideration – Consideration for Your acquiescence to all of the provisions in this Agreement has been provided to You in the form of allowing You to use Our Website and its Service. You agree that such Consideration is both adequate, and that it is received upon Your viewing or otherwise using any portion of Our Website.

1.8. Revisions to this Agreement

1.8.1. From time to time, We may revise this Agreement. We reserve the right to do so, and You specifically agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect.

1.8.2. If We change anything in this Agreement, We will change the “Last Modified Date” at the top of this Agreement. Upon each visit, You agree to note the date of the last revision to this Agreement. If the “Last Modified Date” remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the “Last Modified Date” has changed, then You can be certain that something in the Agreement has been changed, and You agree that You will re-review the Agreement in its entirety and that You will agree to its terms or immediately cease use of this Website.

1.8.3. Waiver – if You fail to re-review this Agreement as required to determine if any of the terms have changed, You assume all responsibility for such omissions and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.



2. Acceptance and Affirmation

2.1. You must agree to all of the terms in this Agreement before using the Website or Our service.

2.2. How You can and will demonstrate Your affirmative acceptance of all of the terms in this Agreement:

2.2.1. If You click any link, button, or other device, provided to You in any part of Our Website’s interface, then you have legally agreed to all of these T&Cs; or

2.2.2. By using Our service in any manner, You understand and agree that We will consider any use of Our Website as Your affirmation of Your complete and unconditional acceptance to all of the terms in this Agreement.

2.3 Age of Majority. In order to use the Website and its service, You must have attained the age of majority in Your jurisdiction. You represent and warrant that You are at least eighteen (18) years of age, depending on the age of majority in Your jurisdiction, and that You have the legal capacity to enter into this Agreement. We specifically disclaim any responsibility or liability for any misrepresentations regarding a User’s age.

3. Restrictions on Use of Website

3.1. You agree that You will only use the Website for purposes expressly permitted and contemplated by this Agreement. You may not use the Website for any other purposes without Our express prior written consent.

3.2. Without Our express prior written authorization, You may not:

3.2.1. Duplicate any part of the Website or the content contained, therein.

3.2.2. Redistribute of create any derivative works based on the Website or any of the content contained, therein. You agree that any such use is NOT “fair use;”

3.2.3. Use the Website or any of the content contained therein for any public display or sale or rental, and You hereby agree and stipulate that any and all such uses are NOT “fair use;”

3.2.4. Remove any copyright or other proprietary notices from the Website or any of the content contained, therein;

3.2.5. Circumvent any encryption or other security tools used anywhere on the Website.

3.3. You agree to all of the terms of Our Acceptable Use Policy, as outlined below:

3.3.1. Acceptable Use Policy: You agree and understand that You will not use Our service for any of the following purposes:

3.3.1.1.That might be considered to be impersonating another person or legal entity;

3.3.1.2. Any use or posting with personally identifying information about another person without that person’s prior explicit consent;

3.3.1.3. You agree that You will not use Our service in order to conduct any illegal activities at all;

3.3.1.4. Any violation of Our Acceptable Use Policies as provided for in this Agreement shall subject You to liquidated damages of $25,000.00 for each and every violation. In the event that such violation causes any legal harm to another person or entity, You agree that You shall pay two-hundred thousand dollars ($200,000.00) in liquidated damages.

3.3.1.5. We may, in Our sole discretion, assign any such damage claim to a third party who has been wronged by Your conduct.

3.3.1.6. These liquidated damages are not a penalty, and they are an attempt by the parties to reasonably ascertain the amount of actual damage that could occur from such violations. Both Parties hereby agree that these amounts are a minimum, and actual damages may be more.

4. Disclaimer and Indemnification

4.1. If We determine that You or any User has used Our service in violation of any law, Your ability to use the Website will be terminated immediately. We have every right to voluntarily cooperate with law enforcement or private aggrieved parties that we may be legally compelled to do so. We hereby disclaim any liability for damages that may arise from any User’s violation any law. You do hereby agree to defend, indemnify and hold Us harmless from any liability that may arise for Us should You violate any law.

4.2. You also agree to defend and indemnify Us should any third-party be harmed by Your actions or should We be obligated to defend any claims including, without limitation, any criminal or civil action brought by any party.

4.3. You agree to defend, indemnify, and hold harmless www.policy-compare.ca, its parent company, officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your, or You under another person’s authority (including without limitation to governmental agencies), use, misuse, or inability to use the Website or any of the content contained therein, or Your breach of any part of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at Our own expense, and choose Our own legal counsel; however, We are not obligated to do so.

5. Intellectual Property Information

5.1. WWW.POLICY-COMPARE.CA, is Our service mark and/or trademark.

5.2. Other companies’ product and service names referenced on Our Website may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.

5.3 Copyright – This Website belongs to Us, and we either own or have rights to display all of the content, therein. You may not use any of Our content without Our express written consent.

6. Limitation of Liability

In no event shall We be liable to You, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use the Website or any of the content contained, therein, even if We have been advised of the probability of such damages. This is for any matter arising out of or relating to this Agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if We have been advised of the possibility of such damages.

6.1. Complaint Policy
You agree that if You have any complaint about any aspect of Our Website or its service, that You will provide notice to Us by mail or fax to:

WWW.POLICY-COMPARE.CA
c/o Burnside Law Group
400-202 Brownlow Avenue
Dartmouth, Nova Scotia B3B 1T5
Facsimile: (902) 468-4803

6.2. You agree that We shall have thirty (30) business days after RECEIPT of said notice to evaluate Your concerns.

6.3. You acknowledge and agree that upon transmission of Your complaint to Us, You will be considered to have engaged in settRElement discussions with Us, and neither party will initiate formal legal action while non-adversarial resolution is in progress. You agree that You will not file suit unless and until We issue a statement to You that We have taken Our final action, and that no further action will be taken without adversarial proceedings. At that point, You may proceed with arbitration as provided for under this Agreement.

6.4. You acknowledge that once You accept any of Our offers of non-adversarial resolution, that You irrevocably waive any and all possible claims and that if You do bring any action against Us that You hereby stipulate that You will bear Your own costs and fees incurred in the action, regardless of the outcome of that action, and that You stipulate that Your damages will be limited to $1, and no more, and that You hereby acknowledge that such amount of $1 is sufficient and adequate.

6.5. You understand that no part of this Agreement obligates Us to go beyond that required by law, and this Agreement is in place for Your convenience. If We believe that Your requests are unreasonable, We reserve every right to terminate discussions with or file suit against You to recover any legal fees incurred due to harassing or unreasonable requests.

7. General Provisions

7.1. Governing Law. This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed by the laws of Canada and those of the Province of Nova Scotia, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, brought to court and litigated in Halifax Regional Municipality, Halifax, Nova Scotia, Canada.

7.1.1 All Parties to this Agreement agree that all actions or proceedings arising in connection with this Agreement or any service or business interaction between the Parties that may be subject to this Agreement shall be tried and/or litigated exclusively in the provincial and federal courts located in Halifax Regional Municipality, Halifax, Nova Scotia, Canada.

7.1.2. The Parties agree to exclusive jurisdiction in, and only in, Halifax Regional Municipality, Halifax, Nova Scotia, Canada.

7.1.3. The Parties agree to exclusive venue in, and only in, Halifax Regional Municipality, Halifax, Nova Scotia, Canada.

7.1.4. The Parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in a jurisdiction other than that specified in this paragraph.

7.1.5. All Parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under this Agreement whatsoever.

7.1.6. All Parties stipulate that the provincial and federal courts located in Halifax Regional Municipality, Nova Scotia, shall have personal jurisdiction over them for the purpose of litigating any dispute, controversy, or proceeding arising out of (or related to) this Agreement and/or the relationship between the Parties contemplated, thereby.

7.1.7. Each Party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it, as contemplated by this paragraph by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the Parties address for the giving of notices as set forth in this Agreement.

7.1.78. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law if such enforcement becomes necessary.

7.2. Binding Arbitration. If there is a dispute between the parties arising out of or otherwise relating to this Agreement, the Parties shall meet and negotiate in good- faith to attempt to resolve the dispute. If the Parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party must submit the issue to binding arbitration, as follows:

7.2.1. Arbitration shall be in accordance with the rules and standards provided by the Alternative Dispute Resolution Society of Canada (“ADRIC”), inclusive of all rules for the conduct of any arbitration, in effect at the date of commencement of the arbitration.

7.2.2. Arbitration will take place in the Halifax Regional Municipality, Nova Scotia, unless otherwise agreed. Such arbitration would be final and binding, without any possibility of appeal via judicial review. The Parties explicit waive any and all appeal rights of an arbitration ruling, including all issues involve questions of law, fact, and/or mixed fact and law.

7.2.3. The laws of the Province of Nova Scotia shall govern any arbitration.

7.2.4. The costs of arbitration shall be awarded by the arbitrator based on the success of each Party to the arbitration.

7.2.5. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.

7.3 The Arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her or their decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.

7.4. No Waiver of Right to Arbitration. There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.

7.5. Freedom of Information and Protection of Privacy (FOIPOP): By using this Website, You acknowledge and consent to the collection, use, disclosure, and storage of Your personal information by Us in accordance with Our Privacy Policy and as permissible under applicable federal and provincial privacy laws. You understand that, under the Freedom of Information and Protection of Privacy Act (FOIPOP), You have the right to request access to Your personal information held by Us and to request corrections to any personal information if You believe it is inaccurate. If You wish to make such a request, or if You have any questions about Our handling of Your personal information, please contact Us at the address provided in this Agreement. Please be advised that certain records and information may be exempt from disclosure under the FOIPOP legislation. We are committed to protecting Your privacy and ensuring that Your personal information is handled in a secure and responsible manner.

7.6. Assignment. The rights and liabilities of the Parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.

7.7. Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.

7.8. Solicitors’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable solicitors’ fees and costs incurred in connection therewith, including solicitors’ fees incurred on appeal.

7.9. No Waiver. No waiver or action made by Us shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

7.10. Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.

7.11. Complete Agreement. This Agreement constitutes the entire Agreement between the parties with respect to Your access and use of the Website, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.

This document was prepared by Derek B. Brett, of Burnside Law Group.

Nothing more follows.