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. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online, offline, or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or manually dialed marketing mobile messages (as applicable) at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. We, any party that assists Us in the delivery of the mobile messages, and the respective wireless carriers, including T-Mobile, are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Program. Prohibited content includes:
* Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
* Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
* Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
* Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
* Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
* Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
DISPUTE RESOLUTION - ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED: In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider, including Autopilot, acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in 7900 Bd Pierre-Bertrand, Québec, QC G2J 0C5, Canada before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Emma’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
18. CONTACT US
- Emma welcomes your comments and questions, which can be sent to firstname.lastname@example.org.