Last updated: August 13, 2020
This is an agreement between the Emma group of companies (Emma Services Financiers Inc. and Emma Labs Inc. together "Emma"), owner and operator of the website accessible at emma.ca and the platform accessible on this site (the "Platform") (together the "Services") and you ("you"), a user of the Services ("User").
The Services are accessible only to Users who can legally enter into contracts, as provided by applicable laws. By using the Services, you represent and warrant that you are of legal age in your place of residence to enter into a contract or that you have obtained the prior consent of a parental authority to use the Services.
3. USE OF SERVICES
- Features. The Services allow you to obtain information on our products and services, to calculate your insurance needs, to start a chat with an advisor and to offer you a secure access ("Emma Secure Access") where you can purchase a life insurance policy and download your insurance contract.
- Information. The information available through our Services, including the information contained in the glossary and frequently asked questions, is subject to the terms and conditions set forth in the contracts relating to them. The User must refer to his insurance policies in order to know the exact extent of the guarantees, insurance amounts, deductibles, conditions and limitations that specifically concern him. The information is intended only for use in Canada, where these Services may be legally offered, and is not intended for use or sale in locations not permitted by law.
- Eligibility to our services. To ensure that you benefit from the coverage you desire, you must declare to Emma all known circumstances that are likely to influence the setting of your premium, the assessment of risk or your eligibility to an insurance policy.
- Consent and acceptance. By clicking on any of the navigation buttons located at the bottom of the transactions or operations pages of our Services, you confirm that you have carefully read and understood the terms, conditions and terms and conditions relating to the submission or purchase of your insurance contract and acknowledge that this action is proof of your commitment to be bound by them.
- Usage control. Emma logs events relating to the security of its Services or that are of interest for audit or statistical purposes, including, without limitation, all access to the Services or portions thereof, all communications sent or received by a User (in the case of e-mail integrated with the Services), and all other activity relating to the Services.
- Restrictions. You may not (i) use the Services for any purpose other than the Permitted Purposes, (ii) copy, distribute or disclose all or any part of the Services in any medium, including through any automated or non-automated web scraping tool or technique, (iii) use any automated system, including crawlers and offline scanners, to access the Services, (iv) transmit through the Services spam, chain letters or any other form of unsolicited email, v) attempt to interfere with the servers of the Services, compromise the integrity or security of their system or decipher any transmission to or from them, vi) take any action that in Emma's sole discretion imposes or threatens to impose an unreasonable or disproportionately large load on the infrastructure of the Services, vii) upload any data, viruses, worms or other malicious software through the Services, viii) collect, extract or harvest from the Services information that could be used to identify individuals, ix) impersonate any person or otherwise misrepresent your affiliation with a person or entity, commit fraud, conceal or attempt to conceal his or her identity, x) interfere with the proper working of the Services, xi) access any content on the Services using means or technologies other than those provided or authorized by the Services, (xii) circumvent any measures Emma may use to prevent or restrict access to the Services, including features that prevent or restrict the use or copying of the content of the Services or that impose limits on the use that may be made of the content of the Services, (xiii) modify, disassemble, decompile, reverse engineer, adapt or create derivative works based on the Services, or (xiv) in any other way use the Services in violation of any applicable law.
4. EMMA SECURE ACCESS
- When you purchase one of our products, a User account is automatically created. When creating a User account, you agree to provide Emma with true and complete information about yourself as required by the registration process, and to update it as necessary to keep it accurate at all times. You must also use a secure link, which acts as your unique key to access your account. In the event of a breach of this paragraph 4.1, Emma may terminate your right to use the Services at its sole discretion.
- Responsibility for your account. You are entirely responsible for ensuring and maintaining the confidentiality of your account. In addition, you are entirely responsible for any and all activity that occurs under your account. You agree to immediately notify Emma of any unauthorized activity that occurs under your account or any other breach of security.
- Account security. Emma cannot guarantee that unauthorized third parties will never be able to breach the security measures of the Services or that they will not unlawfully use any personally identifiable information ("Personal Information") contained in the Services that you have provided to Emma. You acknowledge that you provide your Personal Information at your own risk.
- Use of other accounts. You may not use another person's account at any time, except with the permission of the account holder as their authorized agent.
We invite you to contact Emma to try to resolve the problem and obtain the reactivation of your account as soon as possible.
- Closing of the account. Emma reserves the right to delete any account that is inactive for a period of at least one (1) year, as well as any data associated with such account. However, no data will be deleted without prior notice to the account holder.
- Interruption of the account. You may interrupt or terminate your account by terminating the products in your account for any reason, at your sole discretion and without notice, without liability to Emma.
5. PROPRIÉTÉ INTELLECTUELLE
- Trademarks. All trademarks (including words, phrases and logos) used by Emma to distinguish, or so as to distinguish, its own products or services from those of others are the property of Emma. Emma's trademarks may not be used, reproduced or imitated, in whole or in part, without Emma's prior written permission.
- Copyrights. All original works reproduced or published on the Services are protected by copyright. The owner of the copyright in each work reserves all rights related to it. You acknowledge that it is a violation for any person to do, without the consent of the owner of the copyright, any act that under applicable law only the owner of the copyright has the right to do.
- Other rights. The Services, or any part thereof, may be protected by industrial designs or patents. Emma reserves all rights to the Services that are not expressly granted. You agree not to use, copy or distribute any content from the Services other than as permitted.
- Feedback. Emma is free to use, take advantage of, disclose, publish, keep secret or otherwise exploit any comments, suggestions or other ideas for improving or modifying in any way the Services or any other Emma product or service ("Feedback"), without compensation or attribution to the User or any other person from whom such Feedback originates.
- Documentation. Emma will, at times, provide the User with documentation, either online or in some other material form, describing the features, operation and use of the Services (the "Documentation"). User understands and agrees that User may reproduce and use the Documentation only as necessary to support User's use of the Services
6. USER CONTENT
- Ownership of content. You retain ownership of any text, video, photos or other materials ("Content") that you post on the Services.
- Comments. Emma is free to use, take advantage of, disclose, delete, publish or otherwise exploit any content, including any comments posted about our services or any other material available on the services, including republishing content on Emma services other than that on which the content was originally posted.
- Netiquette. Netiquette. At all times, when submitting Content, you agree not to make any statement that could be considered, in Emma's sole discretion, to be (i) abusive, defamatory, hateful, racist, xenophobic, homophobic or sexist (or any use of discriminatory language), (ii) involving vulgar, obscene or malicious language, and (iii) disclosing personal or confidential information of others.
If Emma becomes aware of any such content or conduct, Emma reserves the right to remove the content without notice, remove or limit access to certain features without notice, disable the account, or contact legal authorities if necessary.
- Responsibility for User Content. You hereby acknowledge and agree that you are solely responsible for any Content that you post on the Services. Accordingly, you represent and warrant that (i) you are either the sole and exclusive owner of the Content submitted on the Services, or that you have all necessary rights, licenses, authorizations, consents and releases to grant rights to Emma with respect to such Content, and (ii) that neither the Content, nor the publication or transmission thereof, nor Emma's use of the Content, violates or will violate the rights of any third party, including intellectual property rights and image rights, or any law or regulation, whether Canadian or foreign.
7. CONFIDENTIAL INFORMATION
- Definition. For the purposes of this Section 7, "Confidential Information" means all material, non-public, EMMA-related information (including any trade secrets), written or oral, whether or not marked as confidential.
- Obligation of confidentiality. The User must keep confidential all Confidential Information of Emma that Emma has disclosed or made available to it, directly or indirectly, by any means of communication or observation.
- Limited purposes. The User may only use the Confidential Information for the purposes of his or her use of the Services.
- Non-disclosure. The User may not disclose Confidential Information to any third party except to the extent that such disclosure:
4.2 has been previously consented to in writing and signed by Emma; or
4.3 is required by law.
- Notice. User shall notify Emma promptly and in a timely manner if User is required by law to disclose any Confidential Information or has knowledge of any unauthorized disclosure of Confidential Information.
8. ELECTRONIC COMMUNICATIONS
When you provide Emma with your email address through the Services, you expressly consent to Emma retaining your email address in its databases or using your email address in its mailing lists to communicate with you for the purpose of (i) conducting surveys or verifications regarding the Services, including but not limited to, functionality, usability and your assessment of the Services, (ii) sending you information and news about Emma, or (iii) for any other reason related to the Services or User security.
The Services may contain hyperlinks to external Internet sites, which will cause you to leave the Services (the "External Sites"). You acknowledge and agree that Emma is not responsible for the availability of such External Sites or for the accuracy of the Content, products or services available on such External Sites. Hyperlinks to External Sites do not imply any approval or endorsement by Emma of such External Sites. You agree to assume all risks arising from your use of the External Sites. By using the Services, you expressly release Emma from any liability resulting from your use of any External Site.
10. ABSENCE OF WARRANTY
- Absence of warranty of the Services. The Services are provided to you "as is", without any warranty of any kind. To the fullest extent permissible pursuant to applicable law, Emma disclaims all warranties, express or implied, including warranties as to non-infringement, accuracy, freedom from error or content accuracy. Emma may update the Services without prior notice to Users. While Emma makes every effort to ensure that the information presented on the Services is complete and accurate, Emma cannot guarantee that such information is free of errors, omissions and inaccuracies.
- Absence of warranty of the Emma Secure Access. Emma does not guarantee the absence of bugs, inaccuracies, errors, or other harmful elements. The Emma Secure Access is dependent on the mobile network and internet in order to function. Emma declines all responsibility in the event of network unavailability or problems related to the operating systems. No right to compensation is granted under this paragraph. Emma reserves the right to cease, without notice, without indemnity and at its sole discretion, permanently or temporarily, to provide all or part of the functionalities of the Emma Secure Access.
11. LIMITATION OF LIABILITY
- Limitation of Liability of the Services. You acknowledge and agree that you assume all risk arising from your access to or use of the Services, whether such use is lawful or unlawful. To the fullest extent permitted by applicable law, in no event shall Emma, its affiliates, directors, employees, agents, licensors or successors and assigns be liable for damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, in tort or otherwise, arising directly or indirectly from the use or performance of the Services, including any damage caused by or resulting from a User's reliance on any information obtained through the Services, or resulting from any error, omission, interruption, deletion of files or emails, defects, viruses, delays in operation or transmission or any failure in performance.
- Limitation of liability of the Emma Secure Access. Emma undertakes to implement all necessary means to ensure the best possible access to the Emma Secure Access. You are solely responsible for the secure link serving as the access key to your account, which is for single use only. You commit to keep it confidential and not to transmit it to third parties. In general, you are committed to accepting and acknowledging that your use of the Emma Secure Access, including the information that you publish, is made under your sole and entire responsibility. Emma cannot be held responsible and cannot be held liable to compensate you for any direct or indirect prejudice resulting from the unavailability of the Emma Secure Access. In this respect, Emma cannot be held liable for any damage resulting from the loss, alteration or fraudulent use of data, the accidental transmission of viruses or other harmful elements, or the attitude or behaviour of a third party. It is not liable for (i) the inability to access the Emma Secure Access, (ii) misuse of the Emma Secure Access, (iii) saturation of the Internet network, (iv) any malfunctions on the mobile terminals used by you, (v) in the event of force majeure or events beyond its control.
Termination by Emma. Emma may terminate or suspend your access to or use of the Services immediately, without notice or liability, for any reason, including for breach of this Agreement.
Effect of Termination. Upon termination of your access or use of the Services, your right to use or access the Services will immediately cease.
Survival of Terms. The terms of this Agreement, which by their nature should survive the termination of this Agreement, will survive such termination, including the terms relating to intellectual property, lack of warranty, limitation of liability and indemnification. Termination of your access and use of the Services does not relieve you of any obligations prior to termination and does not limit any liability you may have to Emma or any third party.
- Claims procedure. For any litigation arising out of or related to this agreement, you agree, in the first instance, to contact Emma to attempt to resolve the matter informally. If Emma has not been able to resolve the matter with you informally, each party agrees to settle the matter by first resorting to mediation, in accordance with the provisions of articles 605 et seq. of the Code of Civil Procedure of Quebec, unless mediation (i) is not initiated by either party within ten (10) days following the expiration of the time limit indicated in a notice of default sent by one party to the other, or (ii) has not reached an amicable agreement after twenty (20) days from the commencement of the mediation and, thereafter, if the mediation has not resulted in an amicable agreement, binding arbitration, in Quebec City, Canada, unless you and Emma agree otherwise, in accordance with the provisions of Articles 620 et seq. of the Code of Civil Procedure of Quebec, except in circumstances where applicable law prohibits or restricts reference to arbitration or restricts a consumer's right to appear in court.
- Class action. Except in circumstances where applicable law prohibits restrictions on a party's right to bring a class action, all claims must be brought by the parties on their own behalf, and not as a claimant or class member, in any proceeding by representation or in a class action and, unless the parties agree otherwise, an arbitrator may not combine the claims of more than one person.
- Injunction. Nothing in this section prevents the parties from obtaining interim measures or a safeguard order, such as an injunction or other equitable relief, from a court of competent jurisdiction before or during arbitration proceedings.
15. APPLICABLE LAWS
This Agreement shall be governed by and construed in accordance with the laws in force in the Province of Quebec, without regard to its conflict of law provisions. Your conduct may also be subject to other local, national or state laws.
- Modification. Emma reserves the right to modify this document at any time and for any reason. Emma will post the most recent version of this document at [Web Address]. You are responsible for complying with any posted updates to the document. Your continued use of the Services after the posting of the modified version of this document indicates your full acceptance of the modified version.
17. CONTACT US
- Emma welcomes your comments and questions, which can be sent to email@example.com.