Terms of Use v1.2

A. Introduction

These terms of service and use (“TOS”) govern your use of the myAutoPlus application (the “Application”), which is owned and operated by CGI Information Systems and Management Consultants Inc. or one of its affiliates in Canada (“CGI”).

Not all products and services are available in all provinces and territories and availability is based on your location.

MyAutoPlus Report

Through this Application, you will obtain access to your automobile insurance and claims history, through your ‘myAutoPlus Report’, and through access to other information and data made available to you through the Application (the “Content”). By using the Application, you agree to be bound by these TOS. If you do not agree to these TOS, you must not access or use the Application. You may request a paper copy of your myAutoPlus Report to be delivered to your residential address by contacting the CGI help desk (insurance.helpdesk@cgi.com).

As part of CGI’s agreements with the Canadian Property & Casualty (P&C) Insurers, CGI acts as a service provider to process and manage automobile insurance data provided to it by such P&C Insurers. As CGI provides reports to P&C Insurers to be used for insurance underwriting purposes, CGI is registered as a consumer reporting agency in applicable jurisdictions and is required, upon a consumer’s request, to provide their respective automobile insurance and claims history report to you as the requesting consumer.

YOU AGREE THAT, BY INSTALLING THE APPLICATION AND ESTABLISHING AN ACCOUNT WITHIN THE APPLICATION, YOU ARE PROVIDING AUTHORIZATION TO AND INSTRUCTING CGI TO ACCESS AND PROVIDE YOUR LATEST AUTOMOBILE INSURANCE & CLAIMS HISTORY AND OTHER PERSONAL INFORMATION, AND TO VERIFY YOUR IDENTITY.

BY REQUESTING INFORMATION RELATED TO YOUR INSURANCE OR CLAIMS HISTORY, YOU AUTHORIZE CGI TO ACCESS SUCH INFORMATION. YOU MAY ALSO GRANT CGI THE PERMISSION TO PROVIDE YOU SERVICES AS DEFINED ABOVE.

Anti-theft Device Registration

Through this Application, you will be provided with a means to register your automobile anti-theft device, with such registration information and personal information being supplied by CGI to your insurer or prospective insurer for insurance underwriting purposes. By using the Application, you agree to be bound by these TOS. If you do not agree to these TOS, you must not access or use the Application.

YOU AGREE THAT, BY INSTALLING THE APPLICATION AND ESTABLISHING AN ACCOUNT WITHIN THE APPLICATION, YOU ARE PROVIDING AUTHORIZATION TO AND INSTRUCTING CGI TO ACCESS YOUR DEVICE REGISTRATION INFORMATION AND OTHER PERSONAL INFORMATION SUPPLIED BY YOU, AND/OR TO VERIFY YOUR IDENTITY, AND TO DISCLOSE SUCH INFORMATION TO YOUR CURRENT OR PROSPECTIVE INSURER FOR THE FOREGOING INSURANCE PURPOSES.

1. License to Use

CGI grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use of the Application to access the Content. CGI retains all rights, title and interest in the Application to the fullest extent permitted by applicable laws.

2. Use Restrictions

Except as expressly provided in these TOS, any copying, reproduction, distribution, modification, translation of or creation of derivative works of the Application of the Content (in whole or in part) is strictly prohibited. CGI places no restriction on your use of your personal information, or your insurance data obtained within your myAutoPlus Report.

You agree to use the Application and Content only for lawful purposes and as permitted under applicable laws. By using the Application, you further agree and confirm that you will not use the Application:

  1. for any illegal, inappropriate purposes;
  2. to cause CGI to infringe on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
  3. to mislead or defraud CGI or any party of to attempt to learn or gain access to information that belongs to anyone other than you;
  4. to harass, harm, threaten, abuse, intimidate, deceive or cheat any person; or
  5. for commercial or business purposes.

The Application, including all components such as text, graphics, code, images and logos are the intellectual property of CGI and are protected by applicable copyright and trademark laws. Any inappropriate use, including but not limited to reverse engineering, disassembly, decompilation, or otherwise attempt to gain access to the source code of the Application or any part thereof or any modification, translation, adaptation, or otherwise creation of derivative works of the Application or any part thereof (whether or not patentable) is strictly prohibited.

CGI may suspend and/or terminate your license to use of the Application, at any time and without prior written notice, if CGI believes that you have violated any of the restrictions set out in this clause 2.

3. Territorial Restrictions

Unless otherwise specified, the Application, as well as the Content and Services made available through the Application are intended for use in Canada only and CGI explicitly prohibits the use of the Application, Content and/or Services outside of Canada. Furthermore, you acknowledge that a myAutoPlus Report and automobile insurance data is not available to requesting consumers in British Columbia, Quebec, Manitoba or Saskatchewan.

4. Personal Information

By accessing and using the Application and Content, you hereby consent to the collection, use, disclosure and other processing of your personal information in accordance with CGI myAutoPlus privacy policy set out in: myAutoPlus Data Privacy Policy.

You agree that:

  1. You may register an account on the Application on your behalf only and you acknowledge that you should not obtain any other person’s personal information without required consents;
  2. You are the holder of a Drivers Licence issued by one of the Canadian provinces or territories.
  3. All the information provided by you during your registration on the Application is true, complete, accurate and up to date.

5. Disclaimer

THE APPLICATION AND CONTENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. CGI DISCLAIMS ALL WARRANTIES OR ARISING BY CUSTOM OR TRADE USAGE WITH RESPECT TO SUCH APPLICATION OR CONTENT SUPPLIED, AND SPECIFICALLY MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

WHILE CGI USES REASONABLE EFFORTS TO PRESENT ACCURATE INFORMATION TO YOU, CGI IS NOT RESPONSIBLE FOR DATA IT OBTAINS FROM THIRD PARTIES INCLUDING P&C INSURERS AND CANNOT ENSURE THE RELIABILITY OR ACCURACY OF ANY SUCH DATA.

CGI DOES NOT REPRESENT OR WARRANT THAT ANY ANTI-THEFT DEVICE REGISTRATION WILL RESULT IN ANY PREMIUM DISCOUNT OR OTHER INSURANCE BENEFITS, WHICH ARE AT THE DISCRETION OF EACH APPLICABLE INSURER.

6. Indemnification

To the fullest extent permitted by applicable laws, you agree that your use of the Application and Content shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against CGI and/or its licensors.

You agree to defend and indemnify CGI from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), brought or asserted against CGI resulting from (i) your access to, or use of, the Application; (ii) your breach of any laws or the Terms; (iii) your negligence or willful misconduct; or (iv) your violation of any third party intellectual property rights. This section will survive the termination of these Terms.

7. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT CGI WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF CGI HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, OR YOUR INABILITY TO USE THE APPLICATION.

8. Changes

CGI reserves the right, in its sole discretion, to modify or update these TOS at any time and from time to time. Your continued use of the Application after any such change will be deemed to be your continued agreement to these TOS as amended. If you do not agree to any modifications of these TOS, you must stop using the Application.

9. Compliance With Applicable Laws

You will ensure that you use the Application for lawful purposes only. You must comply with all laws, rules and regulations that apply to your use of the Application, Content and/or Services.

10. Dispute Resolution

These Terms, and any access and use of the Application, will be governed by and interpreted under the laws of Ontario and Canada. Any legal action or proceeding arising out of or related to access or use of the Application and these Terms of Use will be determined exclusively by the courts in Ontario.

In the event of any such controversy or dispute in relation to these TOS, the Privacy Policy, or the Application the following procedure will apply:

  1. Unless the Parties otherwise agree in writing, all such disputes shall be resolved by arbitration in accordance with (B) below, provided that: (i) if the dispute involves the misuse of CGI’s intellectual property rights or confidential information, CGI may take such legal action as it deems appropriate including interim or permanent injunctive relief, without affecting the requirement to arbitrate the dispute; or (ii) if your claim qualifies, you may assert claims in small claims court.
  2. If a particular dispute is to be arbitrated, you and CGI, acting reasonably, shall attempt to agree upon a single independent, qualified arbitrator to arbitrate the matter. The seat of arbitration will be Toronto, Ontario. If within fifteen (15) days after the receipt of written notice to arbitrate, you and CGI are unable to agree upon a single independent, qualified arbitrator, then either you or CGI may, upon notice to the other party, apply to the Ontario Superior Court of Justice for the appointment of a single arbitrator; such arbitration shall be conducted in accordance with the statutory provisions of the Ontario Arbitration Act 1991 or if in Québec, the Civil Code of Québec and the Québec Civil Code of Procedures, as amended or substituted from time to time. The arbitrator shall have the power to award the costs of the arbitration, as the arbitrator deems appropriate. We will reimburse you for filing, administration and arbitrator fees up to a maximum of $500 unless the arbitrator determines that the claims are frivolous. CGI agrees to not seek attorney’s fees or costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone or video conference.
  3. Unless otherwise mutually agreed between us, the arbitration shall take place in the city of Toronto, Ontario and shall be held in the English language.
  4. If you are a resident of Québec: Unless otherwise mutually agreed between the undersigned parties, the arbitration shall take place in the city of Montréal, Québec and shall be held in the English or French languages.
  5. The arbitrator may award any remedy for any breach of the TOS that might be awarded by Ontario courts, except where the remedy for such breach has been expressly limited by the Agreement and provided that the arbitrator shall have no authority to award and excluded damages (or direct damages beyond the limitation of liability) as described in these TOS. The arbitrator shall have no power to amend the provisions of these TOS.
  6. The decision of the arbitrator shall be final and judgment upon the decision may be entered into any court of competent jurisdiction.
  7. Notwithstanding the foregoing, if at any point, you are not satisfied with the resolution of any dispute, if you are a resident of Ontario, you may contact Consumer Protection Ontario at 1-800-889-9768.

11. Governing Law and Jurisdiction

To the fullest extent permitted by law, these TOS shall be governed by and interpreted in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada, regardless of any conflict of law rules. Unless where a dispute must be arbitrated in accordance with these terms, you agree to the exclusive jurisdiction of the courts of Ontario, Canada for any disputes, claims or cause of action arising out of, or in connection with these TOS and your use of the Application.

12. Severability

If any provision of these TOS is, or becomes, or is determined as unenforceable, it will be severed from these TOS and the remainder of these TOS will remain in full force and effect.

13. Waiver

No delay or failure in exercising any right under these TOS, or any partial or single exercise of any right, will constitute a waiver of that right or any other rights under these TOS.

14. Language

The parties acknowledge that they have expressly requested that this Terms, the schedules and all related documents be drawn up in the English language; les parties aux présentes reconnaissent qu’elles ont exigé expressément que la présente convention, les annexes et tous documents qui s’y rattachent soient rédigés en langue anglaise.