Terms & Conditions

Last updated March 29, 2022

Please read these terms of use carefully (the “Terms of Use”). These Terms of Use constitute a legal agreement and are entered into by and between you and Westland Insurance Group Ltd. (“Westland,” “we,” “us,” “our“). By visiting and using this website and/or creating, maintaining or accessing an account on our client access portal my.westlandinsurance.ca, the “Portal”, and with this website, collectively, the “Sites”), you accept, and agree to be bound by and comply with, these Terms of Use, our Privacy Policy, and all applicable laws.

IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITES.

General Terms

We reserve the right, in our sole discretion and at any time, to revise and update these Terms of Use. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Sites. It is your responsibility to ensure that you are aware of the current Terms of Use when you access or use the Sites. Your continued use of the Sites after any such changes come into effect will constitute your acceptance of such changes.

Products and services of Westland are only offered in jurisdictions where they may be lawfully offered for sale. Not all products and services may be available in your province or territory of residence. Discounts, coverage and eligibility may vary by province and territory. The information on the Sites does not constitute an offer or solicitation by Westland.

The information and descriptions provided on the Sites are not intended to be complete descriptions of all terms, conditions and exclusions applicable to the products and services offered. All insurance products and services are subject to conditions, limitations and exclusions and applicable legislation. In the event of conflict, the terms and conditions of the products and services shall prevail over these Terms of Use.

Disclaimer

The Sites and all content on the Sites are provided “as is” and Westland disclaims all warranties of any kind, either express or implied, including, without limiting the generality of the foregoing, all warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Westland (i) does not make any warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the Sites or the Sites’ contents, and (ii) does not guarantee that the Sites, the Sites’ content or documents found or attained through the Sites will be accurate, up-to-date, reliable, error-free, uninterrupted, or free of viruses, worms, Trojan horses or other harmful components, or that defects will be corrected.

The content on our Sites is provided for general information purposes only. It is not intended to be, and you should not regard it as, financial, legal, tax or other professional advice. You are responsible for evaluating the quality, accuracy, completeness and usefulness of the content provided on the Sites, and we encourage you to obtain personalized professional advice before taking or refraining from any action on the basis of such content.

Westland disclaims all liability arising from the use of the Sites or any content provided on the Sites, including any losses, damages, lawsuits, claims or expenses a user may incur as a result of accessing or using the Sites or such content. Further, and without limiting the generality of the foregoing, in no event shall Westland be liable for any direct, indirect, special, incidental, consequential or punitive losses arising out of the access or use of, or inability to access or use, the Sites or the Sites’ content, even if it has been advised of the possibility of such damages.

Account Security and Use

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the privacy or security of any information transmitted over the Internet, including by email, through the Sites, or otherwise. Any transmission of information over the Internet is at your own risk. We are not responsible for any damages suffered by you or others related to transmission of your information over the Internet.

The safety and security of your information also depends on you. You must keep any username, password, or any other piece of information used to create an account (whether chosen by you or provided to you as part of our security procedures) confidential, and you must take all reasonable precautions to prevent access or disclosure to, or use by, any other person or entity. You agree to notify us immediately of any known or suspected unauthorized access to or use of your username, password or other security information, or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access to your account.

You are also responsible for ensuring that all information you provide on the Sites is correct, current, and complete, and for promptly advising us of any changes required to the email address or other contact information associated with your account. You are prohibited from using the Sites for any illegal, fraudulent or defamatory purposes, to take any steps that could undermine the security or integrity of the Sites, or to cause harm to, or threaten to harm, any other user of the Sites.

You are also prohibited from attempting to circumvent and from violating the security of the Sites, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) disrupting network services or otherwise disrupting our ability to monitor the Sites; (e) using any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites; (f) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (g) attacking the Sites via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (h) otherwise attempting to interfere with the proper working of the Sites.

Account Suspension and Termination

Westland reserves the right at any time to suspend or terminate your account, username, password, or other identifier (whether chosen by you or provided by us), or your access to the Sites, in our sole discretion, without notice and for any reason, including for any violation of these Terms of Use. Westland will not be liable to you or any third party for any suspension or termination of your account or your use of, or inability to use, the Sites.

Hyperlinks

The Sites may contain links to websites that are independently maintained by others. Because Westland does not control or monitor these third-party websites, Westland makes no representations or warranties regarding, and assumes no responsibility for, these websites or any content referred to or included on these websites. A hyperlink to a third-party website is for convenience only, and is not an endorsement or approval of such website, third party, or the third-party’s products or services. Accessing a website via a hyperlink provided on the Sites is entirely at your own risk.

Intellectual Property Ownership

The Sites and the Sites’ content, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, broadcast, design, presentation, website layout, selection, arrangement, look and feel, are owned by Westland, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

You may copy, display and use any content provided on the Sites for your own personal use, but you may not redistribute, reproduce, republish, re-transmit, modify, create derivative works of, or make public such content, or use such content for commercial or other uses, in whole or in part, without the express written consent of Westland. Use of any such content, except as expressly authorized, will constitute an infringement or violation of the rights of Westland, may be a violation of federal or other laws, and could subject you to legal action.

MyWestland

In addition to the above terms and conditions, the following terms and conditions apply to and govern your use of MyWestland. In the event of conflict between the above terms and conditions and the below terms and conditions, the above terms and conditions will prevail.

You may make certain changes or submit certain requests through MyWestland, such as updating your contact information and preferences, submitting new claims, and connecting with a Westland Advisor. Changes and requests may not take effect immediately and may require some time to process, so the information accessed or displayed in MyWestland may not be accurate, complete or current at all times, and recent changes to your policy(ies) may not be reflected.

You are solely responsible for any changes and requests submitted through MyWestland and for the consequences of such changes and requests, including any associated costs. By using MyWestland, you agree to be responsible for, and authorize Westland to accept, any electronic instructions given to us via your account on MyWestland, to the same extent as if you had given signed, written instructions to Westland, including but not limited to, instructions in relation to processing payment.

Miscellaneous

The laws of the Province of British Columbia and the laws of Canada applicable therein (without regard to conflict of law provisions) will govern your use of the Sites, any content provided on or through the Sites, and these Terms of Use. Any legal action or proceeding relating to the Sites will be governed exclusively by the courts of the Province of British Columbia in the City of Vancouver. If you access the Sites from a location outside of Canada, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

If any provision of these Terms of Use is found to be invalid, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms of Use, which will remain in full force and effect. Westland’s failure to enforce, or delay in enforcing, any of these Terms of Use will not operate as a waiver of any of Westland’s rights or privileges under these Terms of Use.