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Terms of Use and Regulatory

Last Modified: May 1, 2021

Welcome
Welcome to the website of PHI Direct. The following Terms of Use govern your access to and the use of http://www.phidirect.com (the “Website”), including any content, functionality and services offered on or through the Website, whether as a guest/visitor or a registered user, as applicable. Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not agree with any part of the Terms of Use, you must not use the Website. 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. The Website is offered and available to users who are 18 years of age or older, and reside in Canada. By using the Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. We reserve the right to modify these Terms of Use at any time. Continued use of the Website by you will constitute your acceptance of any revisions to the Terms of Use. Please check this page regularly.
Accessing the Website

We reserve the right at our sole discretion to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. Such modifications are effective immediately upon posting. You agree to be bound by such modifications through your continued use of this Site. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Use

You are forbidden from using this Website to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You also may not use this Website for any false or fraudulent purposes. You may not use any device, software, or routine that interferes or attempts to interfere with the normal operation of this Website or take any action that imposes an unreasonable load on our computer equipment.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, territorial, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software to and from Canada or other countries;
  • to impersonate or attempt to impersonate us, an employee, contractor or agent, another user, or any other person or entity including, without limitation, by using e-mail addresses (or user names) associated with any of the above mentioned;
  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; and/or
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  • use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • use any device, software, or routine that interferes with the proper working of the Website;
  • use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
  • introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; and/or
  • otherwise attempt to interfere with proper working of the Website.
Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of the information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in any such materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Any such materials do not necessarily reflect our opinions. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to the Website, you do so entirely at your own risk and subject to the terms of use for such websites.

Electronic Signatures

For some activities on the Website, we may permit “Online Access,” including the ability to use a personal computer equipped with an active connection to an internet service provider to access your PHI Direct accounts and policies, and to perform certain transactions as available (now or in the future, as applicable).

As part of these online activities, you may be given the option to sign certain documents including, but not limited to, quotes, updates, notifications or other information that you request, transaction receipts, documents requiring your signature, or any other documents (“Communications”) electronically by either checking the appropriate box or engaging in a similar online process as instructed online. You agree that by checking the appropriate box within or adjacent to the applicable Communication or engaging in a similar online electronic signature process, you are providing your electronic signature and agree to be bound by the Terms of Use in such Communication just as if you had signed your name to a paper document.

Payment Update Services

Our third-party billing service receives updated card account status including cancellation of the card account and changes to card number and/or expiration dates from the issuers of payment cards. We use this information to seamlessly continue your service in the event you have an update to your payment card. Payment cards issued by certain banks are not eligible for this service and members should check with their card issuers to determine eligibility for this service or to opt out of this service.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair, in compliance with all applicable laws, rules and regulations, and does not damage our reputation; provided that you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

You may use Website features solely as they are provided by us, and solely with respect to the content they are displayed with.

We may disable all or any Website features and any links at any time without notice, in our sole discretion.

Disclaimer of Warranty

The content and materials in the Website are provided “as is” and without representations or warranties of any kind, either express or implied. We expressly disclaim all warranties, express or implied, with respect to the Website including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We does not warrant or represent that the functions or operations of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website, its servers or any e-mail sent from us are free of viruses or other harmful components.

The information, products software or service descriptions published on the Website or a linked Website may include inaccuracies or typographical errors. We disclaim liability for such errors and does not warrant or represent that the content on the Website or a linked web Website is updated or complete. We have no obligation to update any content on the Website and may change or improve the Website at any time without notice.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation of Liability

WE SHALL NOT, NOR SHALL OUR PROVIDERS BE RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS WEBSITE OR THE CONTENT FOUND THEREIN, (ii) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE TO SUBMIT APPLICATIONS FOR INSURANCE PRODUCTS OR SERVICES), (iii) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA (iv) THE PERFORMANCE OR NON-PERFORMANCE BY US OR ANY PROVIDER, EVEN IF WE HAVE BEEN, OR A PROVIDER HAS BEEN ADVISED, OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Enforceability

Should any provision of these Terms of Use be held invalid, unlawful, or for any reason unenforceable, then the invalid, unlawful, or unenforceable provision shall be severable from the remaining provisions. Any such invalid, unlawful or unenforceable provisions will not affect the validity or enforceability of the remaining provisions. Any failure by us to act with respect to you or another person's breach of these Terms of Use will not constitute a waiver with respect to future or similar breaches.

Jurisdictional Issues

We make no representation that all insurance products and services on the Website are appropriate for you or available for use in your jurisdiction. Some insurance products and services may not be available in all jurisdictions. If you choose to access the Website, you do so on your own initiative and are responsible for compliance with any applicable local, provincial, territorial and federal laws, rules and regulations.

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 Website 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.

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.

As the context requires, the information contained on the Website is not an offer to sell or solicitation to buy, any insurance product, security, or service.

Visitor Submissions

All communications initiated by you (also defined here as a “Visitor”) and made to or through any portions of the Website that permit uploading of questions, comments or other material are hereby considered “Visitor Submissions”.

If you make a Visitor Submission, you agree to abide by the terms set forth herein. Visitor Submissions will not contain any content that is illegal, indecent, profane (either directly or indirectly through partially obscured words, letters, phrases, terminology or the like), threatening, defamatory, derogatory, counter to the PHI Direct Privacy Policy or otherwise injurious to us or any other third party (including any infringing materials or materials that purport to or actually include personal information about others); and that will not consist of or invoke malicious software code, constitute commercial solicitation (except where pre-approved by us), consist primarily of a solicitation, be political in nature, or the like. Where an e-mail address is required to upload Visitor Submissions, you agree to use a valid e-mail address and represent that you are the individual identified by the address. If you wish to submit materials to the Website, you are prohibited from impersonating any other individual or entity, or otherwise mislead as to the origination of the Visitor Submission.

Visitor Submissions will be considered non-confidential and non-proprietary. Visitor Submissions become our property and you assign to us all moral rights contained int eh Visitor Submissions and grant us a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable, sub-licensable and assignable right to use, edit, modify, adapt, translate, edit, and reformat Visitor Submissions as appropriate and for any purpose, anywhere in the world, including into those forms that may constitute advertising and/or other marketing. If you submit a Visitor Submission, you are also granting to us the non-exclusive right to seek enjoinment and possible damages from any third party who otherwise uses Visitor Submissions in an unauthorized way or through unauthorized reproduction of any Visitor Submissions. If you make a Visitor Submission, you represent and warrant to us that you own or control all rights in and to the Visitor Submission and have the right to assign the moral rights and grant the ownership and license above to us.

Visitor Submissions used, displayed or propagated by us or others licensed by us to use Visitor Submissions may be attributed to you unless you have expressly requested anonymity. We reserve the right to select among the Visitor Submissions for the most appropriate material to be used, subject to our sole discretion and judgment. We otherwise reserve the right to remove Visitor Submissions from the Website pursuant to its discretion and judgment, but maintains no obligation to do so.

Visitors also agree to not redistribute, or reproduce elsewhere, Visitor Submissions in any manner or in any media, including the re-submission or republishing of any Visitor Submission on any other site not affiliated with us.

Emails to PHI Direct Addresses

The PHI Direct email system is a private email system intended only for purposes authorized by us. You are not authorized to send numerous unsolicited commercial email messages to any email address ending in @PHIDirect.com. We reserve the right to take actions as may be necessary to prevent misuse of its email system by unauthorized parties.

Secured Areas/Passwords

Some portions of the Website may be restricted and require authorization for access. Unauthorized use of or access to any such areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored, and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas. It is a condition of your use of the Website that all information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by the PHI Direct Privacy Policy, and you consent to all actions we take with respect to your information consistent with the PHI Direct Privacy Policy.

If you are an authorized user of any restricted area, you are responsible to maintain the security/confidentiality of your password. DO NOT SHARE YOUR PASSWORD WITH ANYONE. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not ask you for your password. If you know or suspect that your password has been compromised, change your password immediately. If you suspect any unauthorized activity related to your account, you should contact us. We will not be responsible if you do not properly secure your password or if you choose to share your password with anyone else. In order to protect your personal information, We encourages you to change your password frequently.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, there has been a violation any provision of these Terms of Use or of the PHI Direct Privacy Policy.

When using the Website, 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

Links from or to Internet Web sites outside this Website 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 us. These links should not be construed as an endorsement, a guarantee or a recommendation of the products or services offered on those sites. We cannot guarantee that these links are functional or secure.

Disputes

ALL CLAIMS OR DISPUTES ARISING FROM OR RELATING TO THESE TERMS OF USE BETWEEN YOU AND US AND/OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ASSIGNS, AFFILIATES, PARENTS, AND SUBSIDIARIES WILL BE SUBJECT TO BINDING ARBITRATION AND PRESIDED OVER BY AN ARBITER SELECTED BY THE VANCOUVER INTERNATIONAL ARBITRATION CENTRE. YOU AGREE THAT ANY CLAIMS OR DISPUTES SHALL BE INTERPRETED UNDER THE International Commercial Arbitration Act (British Columbia), in the case of foreign disputes, or the Arbitration Act (British Columbia), in the case of domestic disputes, without regard to principles of conflict of laws. ALL CLAIMS OR DISPUTES SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. THE PLACE OF THE ARBITRATION SHALL BE IN VANCOUVER, BRITISH COLUMBIA, WITH THE COSTS OF SUCH ARBITRATION BEING SHARED EQUALLY BY BOTH PARTIES.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other content providers of such material and are protected by US, Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws or treaties.

The information, materials and other content may not be modified, copied, reproduced, republished, uploaded, downloaded, posted, transmitted, publicly displayed, used to created a derivative work, sold, or otherwise used for public or commercial purposes, in whole or in part, without our express prior written consent.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser temporarily for display enhancement purposes.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • You may print (or download) one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Website.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The PHI Direct name, logo, “Fluff-free Pet Health Insurance” and all related names, logos, slogans, product and service names, designs, and slogans are registered or common law trademarks used under license. Your use of and access to this Website does not grant you any license or right to use any of the trademarks or copyright contained herein. You must not use such marks without obtaining our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

When you access the Web site property of Trupanion Inc., ("we”, “our”, “us”), including all information, materials, texts, illustrations, graphics and images (the "Website"), you accept and agree to be bound by and comply with the agreement regarding the use of this Website (the "Agreement"), the terms and conditions of which are described herein as well as at other locations on this Website.

Regulatory Information
Products/Quotations

All quotes generated by the Website are estimates based upon the information you provided and are not a contract, binder, or agreement to extend insurance coverage and are subject to change at any time. Your quote may differ from your final premium amount due, for example, to the passage of time between the quote and your policy application or if the information you provide on your policy application differs from what was provided for the quote. An application for an insurance quotation through this Website does not constitute a binder of insurance coverage or the reporting of a claim. The application may be used by us to provide an estimate of the terms, conditions, and costs of coverage. A quotation may be subject to receipt of additional information or other conditions. Quotes are provided by Omega General Insurance Company (Canada).

Any coverage descriptions provided on the Website are general descriptions of available coverages and are not a statement of contract. To obtain coverage you must submit an application to us. All applications are subject to underwriting approval. Coverages and availability may vary by province or territory; and additional minimum coverage limits may be available in your jurisdiction. For additional information, please contact one of our agents.

Under no circumstances should you regard any information you may access in this Website as a recommendation, advice, or complete description of any products, service, or plan. Insurance coverage is provided by Omega General Insurance Company and is subject to the terms and conditions of the policies. Individual circumstances are unique and Website visitors must carefully review their own insurance policies against their insurance needs and consult with a licensed insurance advisor. In case of any discrepancy between the contract and this Website, the contract will apply.

Endorsements featured on this site

We do not pay for endorsements. Endorsements that we use have been given willingly by our customers and supporters, for no material consideration.

Underwriter information

In Canada, we are underwritten by:
Omega General Insurance Company
36 King Street East, Ste. 500
Toronto, ON M5C 1E5
Phone: 416.361.1728
Fax: 416.361.6113

Policy Administration

In Canada, all PHI Direct Pet Health Insurance Policies are administered by:

Canada Pet Health Insurance Services, Inc.

309 - 1277 Lynn Valley Rd
North Vancouver, BC
V7J 0A2
Phone: 1.855.600.7072
Fax: 1.866.428.6063

Canada Pet Health Insurance Services, Inc. is licensed in all provinces and territories in Canada. This Website is not intended as a solicitation for insurance in any state or province where we are not licensed.

PHI Direct is available in all provinces and territories, excluding Quebec.

Membership

Use of the term "member" or "membership" does not convey any eligibility, legal or ownership rights in our company or any of its affiliates. Member connotes a policyholder of pet health insurance underwritten by Omega General Insurance Company.

We love informed decisions. See the Policy for full coverage details.