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Terms and Conditions for TD Insurance mobile app & MyInsurance portal
Important: Please read and understand this Agreement before accessing Services through MyInsurance or the TD Insurance mobile application (the "App"). By using MyInsurance or the App, You are considered to have read and agreed to this Agreement. If You do not agree with this Agreement, You must not use MyInsurance or the App. This Agreement will apply every time You use MyInsurance or the App.
The Terms and Conditions for using the TD Insurance mobile app and MyInsurance portal (hereinafter referred to as the "Terms") apply in addition to the terms of Your TD Insurance policies, and any other terms You have consented to for Your Account and/or a given policy. It does not replace them.
These Terms are effective March 1st, 2024 and replace the previous versions of the Terms (also known as MyInsurance Terms and Conditions, MyInsurance Electronic Financial Services Terms, and TD Insurance Mobile App Terms and Conditions). It is important that You read and accept the Terms.
If You have any questions about our Services, any of Your policies, or any of these Terms, please contact Us at (1-866-361-2311) or visit Us online at www.tdinsurance.com.
Definitions
1. In this Agreement between You and TD Bank Group (hereinafter referred to as the "Agreement"), the following Terms will have the following meanings:
"Agreement" – The provisions contained in these Terms as well as any additional terms contained in the insurance policy. Also included are the terms governing any other service We may provide to You and to which You have consented.
"Account"- The Account Holder record within which all of the Account Holder's insurance policies and account information are found.
"Account Holder"- The person who is authorized to transact in matters related to the insurance policies associated with the Account. The Account Holder can be, but is not necessarily one of, the insureds named in the insurance policies in the Account.
"Secondary Account Holder" - A secondary account holder is another person who is authorized to transact in matters related to the insurance policies associated with the Account – including, but not limited to, a spouse or common-law partner to the Account Holder. The Secondary Account Holder can be, but is not necessarily one of, the insureds that are named in the insurance policies in the Account.
"Credentials" - means Your username, password as well as the combination of numbers and/or letters or other identifying criteria that You will be required to create to access and use the Services.
"Electronic Signature" – means any electronic information unique to You, which You create or adopt to show Your acceptance. Examples of an Electronic Signature include an electronic representation of Your handwritten signature or clicking on the “Confirm changes” button, combined with relevant data such as Credentials.
"Services" – means the features available through the MyInsurance secure online portal and through the TD Insurance mobile application (the "App") described in section 8 and 9.
"Documents" - means the documents enumerated in section 14 as well as the paper version of those same documents.
"You", "Your" and "Yours" – refer to the Account Holder.
"TD Bank Group" – means The Toronto-Dominion Bank and its affiliates which provide deposit, investment, loan, securities, trust, insurance and other products and services.
"TD Insurance", "TDI" or "Us" or "We"– refers collectively to the following insurance companies: Security National Insurance Company, Primmum Insurance Company, TD General Insurance Company, TD Home and Auto Insurance Company, TD Life Insurance company, and the following Agencies: Meloche Monnex Insurance and Financial Services Inc., TD Insurance Direct Agency Inc. and TD Assurance Agency Inc.
Privacy
2. At the time you ask to begin a relationship with us and during the course of our relationship, we may:
- Share your information with our world-wide affiliates; and
- Collect, use, and disclose your information
as described in the TD Privacy Policy.
3. If You choose to use the App, TD Insurance will collect your information including, but not limited to, IP address, geolocation (if enabled on Your device), photos You selected in Your mobile device photo gallery (if enabled on Your device) and other information arising from Your use of the App (collectively called “Mobile Data”). From time-to-time, TD Insurance may share information with third-party service providers in order to provide specific features within the App. This includes the use of Google Maps, a web mapping service provided by Google LLC . On the App, We use Google Maps to provide location information and support features such as Severe Weather and Safety Alerts. When using the App, You agree to the collection, processing and storing of the data that is automatically gathered by Google LLC., its representatives and/or third parties. For more information, please visit https://cloud.google.com/maps-platform/terms.
Agreement
4. This Agreement applies to the Services and is binding on Us, our successors and assigns. We may assign the Services, Your Account, and this Agreement to any person without Your consent. It is also binding on You, Your successors, permitted assigns and attorneys, and on Your heirs and personal representatives - including Your executors and administrators.
5. The singular shall be construed as meaning the plural and vice versa where the context so requires.
6. Your Account and the Services are separate and distinct from any other account or service You may have registered for with TD Bank Group.
7. You acknowledge, agree and consent that this Agreement is in addition to any existing TD Bank Group agreements which You may have agreed to and will apply in addition to those agreements.
Services
8. MyInsurance allows You to:
- Access Your Account to view Your home and/or auto insurance policies associated with Your Account.
- Make various changes electronically and in real time to Your current home and/or auto insurance policy subject to eligibility criteria ("Real time Transaction")
- If You consented to Electronic Delivery of Documents (Paperless Consent), You will have access to Your Documents electronically.
- Download a digital version of Your proof of insurance ("Pink Card") to Your mobile wallet subject to sections 32 to 34 below.
- View Your Account Billing details.
- Manage Your payment plans (both Pre-authorized Debit and Credit Card) including settling any outstanding balance in full.
- View the status of certain claims
- Manage digital account security preferences.
9. The App allows You to:
a. Obtain information on our insurance products and services.
b. Obtain insurance quotes.
c. Record the details of an accident and submit Your claim.
d. Store a copy of Your auto insurance certificate (Pink Card) or download a Digital Pink Card to Your device subject to sections 32 to 34 below.
e. Receive value-added alerts for the location (s) You have selected.
Alerts. What they are and how to access them.
- Through our App, You may enroll and receive notifications about certain events or conditions (Alerts). We provide Alerts for convenience and information purposes only.
- Push Notifications: You can enable or disable push notifications at any time on Your device. Even if push notifications are enabled, Your ability to receive them may be affected by factors outside of our control, including Your connectivity and whether Your device is turned off.
- No Charges for Alerts: We do not charge for Alerts, but standard message and data rates may be charged by Your mobile carrier.
f. Access the TD MyInsurance secure portal to manage Your policies.
10. We may suspend, cancel or block Your access to or use of the Services at any time and for any reason, without notice or liability to You.
11. There are no service charges or fees for using the Services, including any of its options. The payments related to the policy premium or any payment plan selected will be governed by the billing terms of the policy as agreed to by You. Please refer to Your policy billing for complete details.
Electronic Delivery of Documents
12. If You provided Paperless Consent, it applies to the electronic delivery of Documents to You through MyInsurance for each policy for which Paperless Consent was provided, and any renewal, amendment and replacement of said policy.
13. Your Paperless Consent takes effect on the day that You agreed to it. You may receive additional Documents by paper delivery as set out in Section 15, and You can revoke this Paperless Consent at any time, as set out in Section 17.
14. The Documents covered by the Paperless Consent are:
- Policy documents and renewals packages that We are required by statute to send to You,
- Amendments and other notices that We are required by statute to send to You relating to Your policy,
- Correspondence related to Your policy and Your Account,
- Summaries, confirmations, and statements related to Your policy or Your Account,
- Any other document related to Your policy whether or not required by statute,
- Claims-related Documents and updates and
- Changes and other information about this Paperless Consent.
15. We may send Documents by paper delivery: It is important to know that We may deliver paper Documents to You by mail even though You have provided Paperless Consent. We may do so for any reason. Any Document We send by paper delivery will be sent to the last mailing address for You that We have in our records. You agree to notify Us of any change to Your mailing address.
16. Documents are accessible for 7 years after they are posted on MyInsurance, unless the Account is closed, or Your access to MyInsurance is cancelled or terminated.
17.Revocation: You may revoke Your Paperless Consent for any policy. Revocation does not affect any obligations You owe to Us.
How to revoke: Notify Us through MyInsurance or by contacting our customer service center at 1-866-361-2311.
If You revoke: If You revoke Your Paperless Consent for any policy, We'll send You Documents for that policy by paper delivery to the mailing address that We have in Your Account. You may receive additional Documents electronically while We process Your revocation. We will confirm Your revocation and may do so electronically.
18. You will be notified by email sent to the email address in Your Account when new Documents are added to MyInsurance.
19. You must access MyInsurance to review Your Documents on a regular basis. You must contact Us immediately if Your access to MyInsurance has been restricted or denied and You cannot access or view Your Documents. A Document is deemed to have been delivered to You on the day You are notified by email that the Document is posted in MyInsurance – and not on the day that You review the Document.
20. You confirm that You have the required hardware and software to access MyInsurance and You acknowledge that those requirements may change from time to time. We do not own or operate any hardware or software You use and We are not responsible for it.
21. You are responsible for ensuring that You can print, store, and save Documents delivered to You electronically.
22. We may change the Paperless Consent from time to time. When that happens, We will notify You that We are making changes to the Paperless Consent by any method permitted by law, including by posting a notice on our website or by electronic or paper delivery of the notice.
23. We are not responsible for any loss You may incur in connection with the electronic delivery of Documents or in connection with any email notification You requested that We send to You.
Real Time Transactions
24. Depending on Your Province or Territory and Your policy, You will be able to perform self-service Real-Time Transactions.
25. When Real Time Transactions are available:
- Upon accessing the Services, You can select the desired available action and complete the required fields.
- You will be provided an opportunity to review a summary of the information pertaining to the Real Time Transaction requested prior to confirming the change.
- Once confirmed, the change will be applied at the effective date selected by You.
- Any amount owing because of the change requested must be paid in accordance to the payment plan You selected.
- If amounts are owed to You because of the change, those amounts will be credited to Your account or credit card depending on Your selected payment method.
- A confirmation that the Real Time Transaction was successfully processed will be provided to You immediately after You confirm it.
- Your updated Documents will be mailed to You by paper delivery at the mailing address We have in Your Account within 3 to 7 days from the date of Your Real Time Transaction and/or, the Documents will be available within an hour, in electronic version, in the document tab accessible through the Services.
- The details of the changes requested will only be displayed in the Policy view tab of the Services as of the effective date of the requested changes.
- All Real Time Transactions will also be confirmed by email sent to the email address in Your Account.. This confirmation email will be conclusive proof of the use of Your Credentials and of Your Real Time Transaction request.
26. Automated Decisions
Certain Real Time transactions use your personal information to make decisions by using tools to automate the processing of that information, for example, to establish pricing or to process changes to your products. To learn more about the automated decision process, please contact us at TD Insurance Client Services Center at 1-877-777-7136 (University students/Alumni & Professionals) or 1-866-361-2311 (others, general insurance).
27. Real Time Transactions You agree to electronically, including using an Electronic Signature, are binding and have the same legal effect as if they were done over the phone with a TDI advisor. You will not dispute any agreement, or other terms, with Us on the basis that it was delivered, received or entered into electronically, including using an Electronic Signature.
28. You are responsible to advise Us of any changes to the email address You provided when You registered for the Services.
29. You agree that You will advise Us promptly if You have not received Your confirmation and updated Documents within 10 days from the date of the Real Time Transaction.
30. You must promptly review Your Documents to check and verify Your policy coverage, any change requested, the premium and any fees. If You believe there are any errors, omissions, or unauthorized changes, You must inform Us by contacting a TDI advisor without delay at: 1-866-361-2311.
31. Electronic Documents are equivalent to paper Documents: Electronic Documents will be admissible in any legal, administrative, or other proceedings, and will be conclusive evidence of the information they contain the same as if they were original paper Documents. You waive any right to object to the introduction of any such electronic Documents into evidence.
Electronic Proof of Insurance
32. You are required to produce Your Pink Card in certain circumstances. It is Your responsibility to ensure that You can produce it.
33. Our ability to provide You with an electronic version of Your Pink Card ("Digital Pink Card") is subject to Regulatory requirements. You understand, acknowledge, and agree that, if You choose to share or download a Digital Pink Card to Your mobile wallet in Your mobile device:
- The Pink Card contains Personal information (Name, address, policy number etc.).
- The format of and information contained in the Pink Card is prescribed by Insurance Regulators.
- It will be accessible for viewing in the mobile wallet even while the mobile device is locked in order to ensure that anyone who needs to view the Digital Pink Card can do so without being able to access other applications or information stored on the mobile device.
- If You choose to provide a Digital Pink Card to the police or other lawful authority, You may be required to provide Your device to a police officer or other authorized person, who may take temporary custody of Your mobile device for the purposes of verifying the insurance coverage (in the same way that they would treat a paper version of the Pink Card). Your mobile device could be damaged during the course of inspection and You may be responsible for all damage.
- Digital Pink Cards may not be approved in all jurisdictions.
- Factors such as lack of or diminished cellular service, power interruptions, or law enforcement procedures may prevent effective use of a Digital Pink Card.
34. It is Your responsibility to provide a proof of insurance and You may consider carrying a paper version of it in the event You are not able to produce a Digital Pink Card.
Credentials
35. When registering for the Services, you will be asked to select Credentials of Your choice. System-generated Credentials may also be provided by Us to You if You contact the TDI customer help line at 1-877-585-9427 or in the event You forget Your Credentials. These Credentials are generated in a secure environment and will be emailed to You at the address You provided when You registered for the Services. When You next access the Services, You will be prompted to change the system generated Credentials.
36. You can choose Your existing Easyweb or WebBroker credentials to login to MyInsurance. Changes to Your Easyweb or WebBroker Credentials, Two-Step Verification or any other supported authentication self-service change will be reflected everywhere these Credentials are used.
37. Your Credentials are used to identify You and will allow You to access the Services.
38. You authorize Us to accept, and You agree to be responsible for, any verbal or electronic instructions given by You within or while using the Services to the same extent as if You had given verbal, signed or written instructions to Us.
39. You will use the Services in accordance with the Terms as they may be changed from time to time or as We may otherwise communicate to You from time to time.
40. You will not use the Services for illegal, fraudulent or defamatory purposes or take any steps which could undermine the security or integrity of any Services, or cause harm to or threaten to harm any other user of the Services. For our mutual protection, We may record all telephone calls that relate to the use of or include instructions for using the Services.
41. You are responsible for the care and control of Your Credentials. You must keep Your Credentials confidential and take every reasonable precaution to maintain them safely.
This includes:
- Never keeping a written record of Your Credentials. Avoiding combinations that may be easily determined by others such as Your name, birthday, phone number, address, Social Insurance Number.
- Not disclosing Your Credentials voluntarily to anyone else at any time, including to a family member, friend, financial institution employee or law enforcement agency.
- Taking all reasonable precautions to ensure that no one finds out Your Credentials while typing them in.
- If You suspect that someone may know Your Credentials, You must immediately notify Us by calling the customer help line at 1-877-585-9427.
42. You are responsible for all Real Time Transactions requested in Your Account through the Services resulting from the use of Your Credentials by You or any person to whom You have made Your Credentials available where You have not been the victim of force, intimidation or fraud.
43. You are responsible if:
- You fail to notify Us as soon as You become aware that Your Credentials may have become known to someone else, may have been used by someone other than yourself or Your Credentials have been used fraudulently; or
- You make an entry error through the Services.
In those cases, You will be liable for losses relating to Your insurance policy.
44. We will not hold You liable for Real Time Transactions completed through the Services where it can be shown that You have been a victim of fraud or have been coerced by force or intimidation provided You report the incident to Us promptly and cooperate fully in any subsequent investigation.
45. We are liable for:
- Unauthorized Real Time Transactions after You have notified Us that Your Credentials have been used fraudulently or that security has been breached.
- Real Time Transactions completed after Your Credentials have been cancelled.
- Fraudulent or negligent conduct by our employees or agents, companies involved in networking arrangements or their employees or agents.
- Losses relating to Your insurance policy resulting from any failure, error, malfunction or technical problem of our system or equipment.
Use of Biometrics
46. You acknowledge that once Your mobile device ("Device") is enabled with Biometrics for accessing MyInsurance from within the App to manage Your policies, any Biometric data stored on the Device can be used to access Your policies and information available through the App and any apps offered by TD Insurance which You access using Your login Credentials to MyInsurance.
47. You acknowledge and agree that:
- You are responsible for the care and control of Your Device and You must take reasonable steps to safeguard and protect Your Device from access by any individuals other than yourself.
- You will not enable Biometrics on Your Device for the App if:
- there is any Biometric data, other than Your own, stored on Your Device;
- if You share Your Device with any other individuals; or
- If You have shared Your current Device passcode with any other individuals.
- After You have enabled Biometrics, You will not permit any Biometric data, other than Your own, to unlock Your Device, and You will not share Your Device passcode, while Biometrics is enabled.
- You will delete the App and any login Credentials (Username and Password) and Biometric data stored on Your Device, prior to sharing, transferring or disposing of Your Device.
- You will notify TDI at once if You suspect Your Device is lost or stolen.
- You accept responsibility for all Real Time Transactions carried out through the App on Your Device while Biometrics is enabled, regardless of whether the Real Time Transaction was completed by You or any person with Biometric data saved to Your Device.
48. You agree that in no event will TDI be liable for any damages arising out of or related to Your use of, or inability to use, Biometrics. TDI reserves the right to disable Biometrics for the App at any time without notice.
Care and Control of Your Mobile Device
49. If You choose to use the App through Your mobile device, You are responsible for the care and control of Your mobile device and if applicable, password, passcode and verification questions and answers (“User Information”). You must take reasonable steps to safeguard and protect Your mobile device and User Information.
50. You must:
- keep possession of the mobile device;
- keep a lock screen or passcode lock (each a “Device Lock”) on Your mobile device at all times;
- keep Your User Information separate from the mobile device;
- keep Your User Information strictly confidential and not share it with anyone;
- take all reasonable precautions to ensure that no one finds out Your User Information, including while You key in User Information on Your mobile device;
- avoid User Information and Device Locks that may be easily determined by others, such as birthdays, phone numbers, age, social insurance number, etc.; and
- ensure that each password or other identifier is unique.
Disposing of Your Mobile Device
51. Before You sell, give away, or dispose of Your mobile device or SIM Card, You must ensure that all personal information stored in the App is deleted.
Responsibility for Your Mobile Device and to Your Mobile Device Provider
52. You are solely responsible for: (i) acquiring any hardware, device, wireless or Internet access required for You to use the App; and (ii) any fees or other charges imposed by Your mobile device provider, wireless services carrier or Internet service provider. It is Your responsibility to determine if Your mobile device provider, wireless services carrier or Internet service provider supports the App or if Your mobile device is capable of accessing the Internet.
Installing and Using Modifications to The App
53. If We upgrade, update or modify the App (including bug fixes, patches and new versions provided to You, the “Modifications”), You may be required to promptly install and use the Modifications in order for You to be able to continue to access and use the App. TD Insurance may provide You with prior notice of the Modifications. However, if the Modifications are for the proper functioning of the App, or safety or security of the App or any systems or networks, TD Insurance may not provide You with prior notice. TD insurance is under no obligation to make Modifications.
License Grant
54. You are granted a limited, revocable, non-transferable, non-exclusive license to use the App on a mobile device that You own or control. TD Insurance can terminate this license at any time and with or without any reason. The App is licensed, not sold, to You. You must not rent, lease, lend, sell, redistribute or sublicense the App. You agree that TD Insurance retains all right, title and interest in and to the App including copies and portions of it. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of, the App or any part of it. You may not use the App for any purpose that is illegal, fraudulent or infringes another person’s rights. You agree to comply with any other requirements, restrictions or limitations provided by TD Insurance upon notice to You. You further agree to comply with any requirements, restrictions or limitations provided by a third party (including the app store provider, Your mobile device provider or Your wireless services carrier) relating to Your use of the App.
Possible Effects of Installation, Removal or Usage Of The App And Disclaimer Of Damages And Warranty
55. By using the app on your mobile device, it is possible that the warranties covering your mobile device are voided, that your mobile device may be damaged, that data stored in your mobile device may be corrupted, and that you or your property may be damaged. You agree that your use of or inability to use the application is at your sole risk. The application is provided "as is" and "as available" for your use, without warranties or conditions of any kind, express, implied, statutory or collateral, including all implied warranties or conditions of merchantable quality, fitness for a particular purpose, title, and noninfringement.
Compliance with laws
56. You acknowledge that all policies will be issued and all Real Time Transactions will be processed in accordance with applicable laws and regulations, and with any self-regulatory codes adopted by Us, such as the IBC Code.
Liability for Damages Limited
57. We will not be responsible or liable to You or to others for any damages direct, indirect, consequential or special, including without limitation all losses, costs, expenses or inconvenience You may incur or arising from or out of Your inability to access the Services as provided in this Agreement as a result of any failure, error or malfunction, even if the failure, error or malfunction was a result of our negligence or the negligence of our employees, agents or representatives. We will not be responsible for any loss, damage or personal injury suffered by any person by reason of any act or omission in the course of or in connection with the operation of the Services including any loss or damage to Your mobile device resulting from or occurring as a result of providing Your phone for the purposes of verifying Your Digital Pink Card.
Your Right to Cancel the Services
58. Unless otherwise provided in this Agreement or agreed to by Us, You may cancel the Services by contacting the TDI customer help line at 1-877-585-9427. In all cases, You still must fulfill all Your obligations under this Agreement.
Our Right to Terminate This Agreement
59. We may cancel Your Credentials, terminate this Agreement, or suspend or refuse to provide Services without notice to You. In all cases, You still must fulfill all of Your obligations under this Agreement and Your policy. You are not relieved of Your obligations until all amounts owed to Us, including interest, service charges and costs, have been paid in full. Notwithstanding the foregoing, Your insurance policy continues to be in full force and effect until the end of the policy term or until it is cancelled.
Changing This Agreement
60. We may change the provisions of this Agreement for use of the Services from time to time. We will notify You of any changes by either sending You notice (written or electronic) or posting a notice on the Customer Service Center in MyInsurance.
61. If You use the Services after We send or post a notice, You accept the changes as of the effective date set out in the notice.
If You Have a Problem or Concern
62. At TD Insurance We're committed to providing the best possible customer experience, and Your confidence and trust are extremely important to Us. If You have a problem or concern, You can contact Us in the way most convenient for You. To do so, follow the complaint-handling process on our website at: https://www.tdinsurance.com/customer-service/problem-resolution.
Terms Drawn Up in English
63. It is the express wish of the parties that these Terms and any directly or indirectly related documents be drawn up in English. Les parties ont exprimé la volonté expresse que les présentes modalités et tous les documents s’y rattachant directement ou indirectement soient rédigés en anglais.
529898 (0322)