Apollo Insurance Solutions Ltd. ( “we”, “our” or “us”) offers a software solution that allows tenants and landlords to upload and view one's tenant insurance relating to the rental of a property through its web-based application (“CoverTrack”). You might access CoverTrack through a web browser or through mobile applications. CoverTrack, together with any services related to the provision, use and support of the CoverTrack, are collectively the “Services”.
PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SERVICES. BY SIGNING UP FOR AN ACCOUNT, BY ACCESSING COVERTRACK, OR OTHERWISE USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS (INCLUDING THE LINKED DOCUMENTS REFERRED TO IN THESE TERMS), AS REVISED FROM TIME TO TIME. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES. IF YOU ARE DISSATISFIED WITH THESE TERMS OR ANY OTHER TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS TO AND USE OF COVERTRACK AND ALL OTHER ASPECTS OF THE SERVICES. YOU REPRESENT THAT YOU ARE AT LEAST THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION. IF YOU ARE USING COVERTRACK AND THE SERVICES ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS, IN WHICH CASE “YOU” OR “YOUR” WILL REFER TO SUCH ORGANIZATION. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE COVERTRACK OR THE SERVICES.
These Terms are effective on the earlier of the date (a) you click to accept these Terms, or (b) you first sign up for an account or otherwise use CoverTrack or the Services. You acknowledge our Privacy Statement (the “Privacy Statement”) located at https://covertrack.ca/privacy-policy, as revised from time to time, and you consent and agree to our collection, use and disclosure of personal information as described in the Privacy Statement.
Your Account. You must be invited to use and access the Services, and we usually will send you an email with a unique URL to register an account. To register an account to use the Services, which requires a username, access code, email address, and additional information as set out in our Privacy Statement. You are responsible for maintaining the confidentiality of your username and access code. You agree not to disclose your username or access code to any third party. You represent and warrant that you have not misrepresented any information that you have provided in connection with your account. You are solely responsible for all activities that occur under your account. You shall abide by all applicable local, provincial, national and foreign laws, treaties and regulations in connection with use of CoverTrack and the Service, including those related to data privacy, international communications and the transmission of technical or personal information. If you become aware of any unauthorized use of your account, you must notify us immediately. It is your responsibility to update or change your account information, as appropriate.
Your Privacy and Personal Information. For a summary of how we collect, use and disclose personal information, please see our Privacy Statement.
License. We grant you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use CoverTrack, the Services, and the content that we make available to you on CoverTrack, including marketing materials, text, audio, video, photographs, maps, illustrations, graphics, the Marks (as hereinafter defined) and other media (“Content”), in each case subject to and conditional on your continued compliance with the terms and conditions of these Terms. All Content available through CoverTrack is owned by us and our third-party providers. All Content is provided for informational purposes only, and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for your use of any Content. These Terms permit you to use the Services for your personal use only, and not for any commercial purpose other than for transactions and commercial activity enabled by the functionality of CoverTrack. For greater certainty, we, in our sole discretion, may terminate or suspend your license to use CoverTrack and/or some or all of the Services or Content at any time, for any reason or no reason, with or without notice to you, and without any liability to you or any other person. If we terminate or suspend your license to use the some or all of the Services or Content, these Terms will nevertheless continue to apply in respect of your use of the Services and Content prior to such termination or suspension.
Your Content.
CoverTrack enables you to provide and upload content that includes but not limited to insurance data, images, geographic data, and other information or content. (collectively, "Your Content"), to CoverTrack for the purposes of making Your Content available to CoverTrack partners, affiliates and its other users. You acknowledge and agree that you are solely responsible for all Your Content you submit, provide or upload and the consequences for submitting, providing or uploading it. Your Content must comply with all laws and these Terms.
We will use Your Content in connection with providing the Services to you and to other users of the Services. You agree that by providing any of Your Content in whatever form and through whatever means, you grant us a perpetual, worldwide, irrevocable, non-exclusive, sublicensable, royalty-free license to use, reproduce, process, display, publish, distribute, and make available to the public all or any portion of such Your Content in connection with providing the Services to you and to other users, and to incorporate Your Content in any form into the Services. This license includes the right to host, index, cache or otherwise format Your Content. In posting Your Content, you represent that you have obtained at your own expense all necessary consents, rights and permissions required to grant us the license provided in this Section.
You represent and warrant that you own Your Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to us and our use of Your Content will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any third party.
Your Content shall not:
violate any applicable law including any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that is offensive or objectionable, could give rise to any civil or criminal liability under applicable laws or that otherwise may be in conflict with these Terms.
in any manner violate any third party right or any agreement between you and a third party.
involve, provide, or contribute any false, inaccurate, or misleading information.
impersonate or attempt to impersonate us, our employee(s), another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing or that are not yours).
give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
We have the right, without notice to:
remove or refuse to post any of Your Content for any or no reason in our sole discretion.
at all times, take such actions with respect to any of Your Content we deem necessary or appropriate in our sole discretion.
take appropriate legal action, including, without limitation, referral to law enforcement or any other governmental authority with respect to Your Content or your use of any of the Services. Without limiting the foregoing, we will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through CoverTrack or other Services.
We have no obligation, nor any responsibility to any party to monitor CoverTrack or other Services, and do not and cannot undertake to review material that you or other users submit. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
Unacceptable Use. You will, and will not permit any third party to: (a) without our express written consent, make CoverTrack, the Services or the Content available to, or use CoverTrack, Service or the Content for the benefit of, anyone other than yourself, (b) sell, resell, license, sublicense, distribute, make available, rent or lease CoverTrack, the Services or the Content, or include CoverTrack, the Services or the Content in a service bureau or outsourcing offering, (c) use CoverTrack or the Services to send unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction, or to store or transmit any virus, Trojan horse, worm, or other software, script or code, the effect of which is to permit unauthorized access to, or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems, software or data (“Malicious Code”), (d) interfere with or disrupt the integrity or performance of CoverTrack or the Services, (e) attempt to gain unauthorized access to CoverTrack, the Services or Content or their related systems or networks, (f) access or use any of our intellectual property except as permitted under these Terms, (g) alter, modify, reproduce, copy or make derivative works from all or any part of CoverTrack, the Services or the Content or any part, feature, function or user interface of CoverTrack (include any copyright, trademark, or any other notices that are provided on or in connection with any Content), (h) frame or mirror any part of CoverTrack, the Services or the Content, or otherwise incorporate any portion of CoverTrack, the Services or the Content into any product or service, (i) access or use CoverTrack, the Services in order to build a competitive product or service or to benchmark with another product or service, (j) reverse engineer CoverTrack, the Services, or any software used to provide them (to the extent such restriction is permitted by applicable laws), (k) access or use any part of CoverTrack, the Services or Content that is (expressly or implicitly) not intended for use by you, (l) use any other automation code not provided or approved by us in relation to CoverTrack, the Services or the Content (including any “bot” or “spider”), (m) collect or harvest any information from CoverTrack, the Services or the Content in a bulk or systematic way, (n) remove, alter, or obscure any proprietary notices on CoverTrack, the Services or the Content, (o) probe, scan, or test the vulnerability of CoverTrack, the Services or any network connected to them, or breach the security or authentication measures on them or on any network connected to them, (p) collect, harvest, reverse look-up, trace, or otherwise seek to obtain any information on any other user of or visitor to CoverTrack or the Services, (q) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of CoverTrack or the Services or any systems or networks connected to them, or (r) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity.
Trademarks. Certain names, graphics, logos, icons, designs, words, titles and phrases on CoverTrack, including "CoverTrack" and “Apollo Insurance” may constitute trademarks, trade-names, trade dress and/or associated products and services of ours or our affiliates (the “Marks”), and are protected in Canada and internationally and their display on CoverTrack does not convey or create any licence or other rights in the Marks. Any use of any of the Marks, in whole or in part without our prior written authorization or such third party is strictly prohibited. Other trademarks, trade names, trade dress and associated products and services mentioned on CoverTrack, or through the Content and Services, may be the trademarks of their respective owners. The display of these trademarks, trade names, trade dress and associated products and services on CoverTrack does not convey or create any licence or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.
Mobile Device Data Charges. To the extent applicable, you are solely responsible for any data charges and similar fees associated with your use of CoverTrack or the other Services through a mobile device.
Reservation of Rights. We and our licensors have and will retain all right, title and interest in and to CoverTrack, the Services and Content and the software and systems used to provide them (including, without limitation, all patent, copyright, Marks, trade secret and other intellectual property rights), and all copies, modifications and derivative works of any of them. You acknowledge that you are obtaining only a limited right to access and use CoverTrack, and the Services. No rights are granted to you under these Terms other than as expressly set forth in these Terms. Without limitation, you have no right to use any Marks owned or used by us.
Open Source. The Services may contain or be provided together with free or open-source software. Notwithstanding the sections titled “License” and “Reservation of Rights”, each item of free or open-source software is subject to its own applicable license terms, which can be found in the applicable documentation or the applicable help, notices, about or source files as required by the terms of the applicable open-source license. Copyrights to the free and open-source software are held by the respective copyright holders indicated therein.
License to Use Your Submission and Feedback. You grant us and our affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) license to use and incorporate into our Services and Content any news story ideas, facts, sources, descriptions, suggestion, enhancement request, recommendation, correction or feedback in the form of message, text, images, graphics, photos, audio, video and any other content provided by you.
Our Use of Non-identifiable information Any non-identifiable information gathered by us through your use of CoverTrack and the Services may be used by us for our own marketing, promotional and product development purposes and more specifically may be stored in a database and used by us to identify, customize and personalize user access, user experience within CoverTrack and the Service. Such information may be shared with our affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing purposes.
Third Party Services and Content. CoverTrack and the Services may allow you to access and use services provided by third parties (“Third Party Services”). You are responsible for all fees and taxes that may be charged for the use of Third Party Services. You use any Third Party Services at your own risk. We make no representations or warranties with respect to, nor does we guarantee or endorse, any Third Party Services. We do not guarantee the continued availability of Third Party Services, and we may disable a Third Party Service in our sole discretion. Your dealings with the provider of any Third Party Services are solely between you and the provider. Accordingly, we expressly disclaim responsibility and liability for all Third Party Services, and you agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third Party Services. If you have any issues with a Third Party Service, you must contact the provider of the Third Party Service directly.
Links to Other Sites. CoverTrack, the Services or the Content may provide links to other sites on the Internet for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
Content, Functionality and Access. We may at any time, with or without notice, without liability, and for any reason (a) remove any Content from CoverTrack or the Services, (b) remove any functionality from CoverTrack or the Services, (c) change any functionality on CoverTrack or the Services, (d) modify CoverTrack, the Services and the Content, and (e) deny any person access to CoverTrack or the Services. We furthermore reserve the right to take any action related to CoverTrack, the Services or the Content that is required to comply with applicable law.
Disclaimer of Warranties. COVERTRACK, AND THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOUR USE OF COVERTRACK, THE SERVICES AND THE CONTENT IS AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, COVENANTS AND CONDITIONS (EXPRESS, IMPLIED OR STATUTORY) IN CONNECTION WITH COVERTRACK, THE SERVICES AND THE CONTENT, INCLUDING ANY WARRANTIES, REPRESENTATIONS, COVENANTS, CONDITIONS, OR OTHER TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY OR ANY OTHER TERM THAT COVERTRACK, THE SERVICES AND THE CONTENT WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, OR THAT COVERTRACK, THE SERVICES AND THE CONTENT WILL BE SECURE, OR THAT COVERTRACK OR ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM COVERTRACK OR THE SERVICES, OR THAT THE CONTENT, WILL BE FREE OF MALICIOUS CODE. WE ARE NOT RESPONSIBLE FOR THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM COVERTRACK OR THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY THIRD PARTY WEBSITES OR RELATED CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN COVERTRACK, OTHER SERVICES OR CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH COVERTRACK, THE SERVICES AND THE CONTENT IS TO STOP USING THEM.
Limitation of Liability. IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY (AND THAT OF OUR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS AND AGENTS, AND THE PROVIDERS OF THIRD PARTY SERVICES AND THIRD PARTY CONTENT) FOR ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) (COLLECTIVELY “LOSSES”) TO YOU RELATED TO USE OF OR INABILITY TO USE COVERTRACK, THE CONTENT, OR THESE TERMS, EXCEED THE LESSER OF (A) THE DIRECT DAMAGES SUFFERED BY YOU, AND (B) $100.
No Claim for Certain Damages. IN NO EVENT WILL WE (OR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS OR AGENTS, OR THE PROVIDERS OF CHANNELS, THIRD PARTY SERVICES AND THIRD PARTY CONTENT, AND THE SUPPLIERS OF PRODUCTS) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES, OR FOR ANY LOSS OF REVENUE, SAVINGS, INCOME, BUSINESS, PROFIT, GOODWILL OR REPUTATION WHATSOEVER BASED ON ANY LEGAL THEORY (INCLUDING TORT OR NEGLIGENCE), AND EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
Some Disclaimers, Exclusions or Limitations May Not Apply. In some circumstances, applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Indemnity. You will indemnify and hold us (and our directors, officers, employees, partners, suppliers and agents) harmless from all Losses arising from your use of CoverTrack, the Services or the Content, or your breach of any of these Terms, and from all Losses resulting from any of Your Content that is untrue, inaccurate or incomplete.
Failure to Comply. If you fail to comply with these Terms, then, without limiting any other right or remedy available to us, we may suspend or terminate your license to use all or any part of CoverTrack, the Services or the Content.
Export Controls. These Terms are expressly made subject to any laws, regulations, orders or other restrictions on export from the United States of America (U.S.) or Canada of CoverTrack, the Services or the Content, or any information about any of them, which may be imposed from time to time by the governments of the U.S. or Canada. You shall not export CoverTrack, the Services or the Content, or any information about any of them without our prior written consent and compliance with such laws, regulations, orders and other restrictions. You represent and warrant that (a) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country, and (b) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties.
Amendments. The “last updated” legend above indicates when these Terms were last amended. We may unilaterally amend all or any part of these Terms at any time by updating these Terms on CoverTrack. We will provide you with notice of the proposed amendments by posting an amended version of these Terms with a new version date. We will include a link to the previous version of the Terms beneath the new version date. The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms will continue to apply. If you disagree with any amendments, you may refuse the amendments and cease using CoverTrack, the Services and the Content within the 30-day notice period. There will be no cost or penalty for doing so. If you continue to access or use CoverTrack, the Services or the Content after the 30-day period, you thereby agree to the amended Terms. You agree to review these Terms regularly to determine your rights and responsibilities.
Governing Law & Jurisdiction. These Terms, and any dispute, controversy or claim arising under, out of, in connection with, or related to (a) CoverTrack, the Services or the Content, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, shall be governed by and interpreted according to the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia, without regard to any conflicts of law rules that might apply the laws of any other jurisdiction. You and we each attorn to the exclusive jurisdiction of the courts of British Columbia in respect of any such dispute, controversy or claim, except that, notwithstanding the foregoing, (a) you agree that we shall be entitled to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and (b) you agree that we shall be entitled to seek and be awarded an order from a court of competent jurisdiction anywhere in the world for the purpose of recognizing and enforcing any interim or final judgement, order, injunction, award or other relief granted or provided by the courts of British Columbia, and you hereby waive any defence you might then have to the granting of such an order.
Injunction. You acknowledge that any breach, threatened or actual, of these Terms will cause us irreparable harm, such harm would not be quantifiable in monetary damages, and we would not have an adequate remedy at law. You agree that we shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that we post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to us to enforce any provision of these Terms.
Class Action Waiver. Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to (a) CoverTrack, the Services or the Content, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, will be conducted solely on an individual basis. Neither you nor we will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.
General. If any provision of these Terms is unlawful, void, or unenforceable, then that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. All our rights and remedies granted or recognized in these Terms are cumulative, are in addition to and not in substitution for any rights or remedies at law, and may be exercised at any time and from time to time independently or in any combination. In these Terms (a) references to currency are to the lawful money of Canada, (b) “person” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other organizations and entities recognized by law, and (c) “including” (and similar variations) means including without limitation. These Terms, together with any additional service terms presented on CoverTrack (“Additional Service Terms”) represent the entire agreement between you and us with respect to use of CoverTrack, the Services and Content, and they supersede all prior or contemporaneous terms, agreements, communications and proposals, whether electronic, oral, or written between you and us with respect to any of the foregoing. Our failure to insist on strict performance of any of the terms or conditions of these Terms or any Additional Service Terms will not operate as a waiver by us of that or any subsequent default or failure of performance. Our affiliates, directors, officers, employees, partners, suppliers, and agents are third party beneficiaries of the sections titled “Disclaimer of Warranties”, “Limitation of Liability”, “No Claim for Certain Damages” and “Indemnity”. There are no other third-party beneficiaries of these Terms. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction. These Terms will enure to the benefit of and will be binding on you and us and your and our respective successors and permitted assigns.