top of page

Terms of use

These general terms of use (together with the documents incorporated by reference into them) (‘Terms of Use’) sets out the terms on which you may make use of this website under the domain name (‘Website’), whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use the Website. By using the Website, you indicate that you accept these Terms of Use and that you agree to be bound by and abide by them. If you do not agree to these Terms of Use, please refrain from using the Website.                                                        
                                               is a website operated by Avail Insurance Ltd. (Avail Insurance), a Canadian based company.                                                                   
1. INTRODUCTION                                                        
1.1 You will be able to access most of the Website without registering your details with Avail Insurance. Certain areas of this Website are only open to you if you register. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users that have registered.
1.2 Avail Insurance may amend or revise these Terms of Use at any time without notice. You should check this Website from time to time to review the then current Terms of Use. Your continued use of the Website will be deemed to be your acceptance of such revised Terms of Use. Expressly designated legal notices or terms may be located on particular pages on this Website and are ancillary to these Terms of Use. Connected Avail Insurance websites that can be accessed via links from this Website are subject to separate terms and conditions.                                                        
2. USER REGISTRATION                                                        
2.1 There are certain sections of the Website that are restricted to individuals and companies who have an ongoing relationship with us. You must first register and become a ‘Registered User’ before you can access Registered User areas.
2.2 To become a Registered User you must provide a verifiable email address, complete all the required fields in the application form and read and accept these Terms of Use. Avail Insurance will send you a confirmation email with your registration information. If you do not receive such confirmation email you shall not be considered a registered User and shall not have access to registered user areas.
2.3 Avail Insurance may in its sole discretion refuse your application to become a Registered User.
2.4 Each registration is for a single user only. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Avail Insurance security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree that you are responsible for a third party’s use of your user identification, whether authorized by you or not.
2.5 Avail Insurance has the right to disable any user identification code or password, whether chosen by you or allocated by Avail Insurance, at any time, if in Avail Insurance opinion you have failed to comply with any of the provisions of these Terms of Use.                                                                          
3. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE                                                        
3.1 Avail Insurance processes information about you in accordance with its Privacy Policy using the Website, you consent to the terms of such Privacy Policy, including with respect to processing of your personal information and you warrant that all data provided by you is accurate. 
4. NO ADVICE                                                        
4.1 The information given by the Website does not seek to provide a complete overview of all the risks or factors that you must consider in taking any decision. The information cannot, and should not be, a substitute for professional advice. You should seek your own independent and professional advice with regards to the interpretation of any rules or policies with respect to your own circumstances.                                                        
5. LICENSES AND INTELLECTUAL PROPERTY                                                        
5.1 You acknowledge that your use of the Website may require licenses to certain third party products, such as tools provided by Adobe Acrobat or Microsoft Office. You acknowledge that it is your responsibility to obtain any such licenses to third party products.
5.2 You acknowledge that the Website contains confidential and proprietary information and that by downloading this information you do not acquire any right, title or interest in or to this information.
5.3 You agree not to alter any detail of ownership, copyright statement, trademark or other proprietary right statement connected with the information contained on the Website.
5.4 Subject to paragraph 6.1 the information made available to you on the Website is for use by you only and you agree not to disclose the information to any other third party.
5.5 You agree not to modify, reproduce, distribute, adapt, merge, publish, transmit, sell, assign, license, transfer, lend, rent, hire-out, timeshare, charge, pledge or commercially exploit the whole or any part of the information contained on or downloaded from the Website.
5.6 Avail Insurance makes no representation or gives any warranties, either express or implied, about the information contained on the Website or in relation to your downloading or use of it.
5.7 You acknowledge that any breach of the Website terms of use may place Avail Insurance in breach of any license agreements it has with third parties and you agree to indemnify Avail Insurance in respect of the same in accordance with these Terms of Use.                                                                  
6. RIGHT TO USE                                                        
6.1 You are permitted to print and download extracts from this Website for your own personal use or internal business purposes provided that: no documents or related graphics on this Website are modified in any way; no graphics on this Website are used separately from accompanying text; and Avail Insurance copyright and trademark notices as shown on each web page appear on all copies. This permission will be revoked immediately if any of the Terms of Use are infringed.
6.2 Unless otherwise stated, the copyright and other intellectual property rights in all materials on this Website (including without limitation photographs and graphical images) are owned by Avail Insurance or its licensors. Any use of extracts from this Website other than in accordance with paragraph 6.1 above for any purpose is strictly prohibited. If you breach any of these Terms of Use, your registration for and permission to use this Website automatically terminates and you agree to immediately destroy any downloaded or printed extracts from this Website.
6.3 Subject to paragraph 6.1 no part of this Website may be reproduced or stored on any other website or included in any public or private retrieval system or service without Avail Insurance prior written permission.
6.4 Any rights not expressly granted in these Terms of Use are reserved.                                                        
7. SERVICE ACCESS                                                        
7.1 While Avail Insurance endeavors to ensure that this website is normally available 24hours a day, Avail Insurance will not be liable if for any reason this Website or any portion of or function on this website is unavailable at any time or for any period.
7.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Avail Insurance control.                                                        
8. VISITOR MATERIAL AND CONDUCT                                                        
8.1 Any material that you transmit or post to this Website will be considered non-confidential and non-proprietary to you. Subject to the Privacy Policy, Avail Insurance will have no obligations with respect to such material. By uploading material to the Website or otherwise submitting any material to us through the Website, you automatically grant (or warrant that the owner of such materials expressly grants) Avail Insurance and its affiliates and licensors a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted material, for any and all commercial or non-commercial purposes. Such license will apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all “moral rights” in such material have been waived. If you do not wish Avail Insurance to have the rights set out in this paragraph,
8.2 please do not transmit or post any material or submit any contributions to the Website.
8.3 You are prohibited from submitting, posting or transmitting to this Website any material which: is unlawful, harassing, threatening, defamatory, harmful, profane, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; violates patent, trade mark, copyright, trade secret or other intellectual property rights of others or for which you have not obtained all necessary licenses and/or approvals; constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in Canada or any other country in the world; constitutes any form of marketing; or is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
8.4 You agree to not misuse the Website (including, without limitation, hacking). 8.4 Violation of these Terms of Use may lead to legal action being taken against you by the authorities or an aggrieved third party. Avail Insurance will fully cooperate with any law enforcement authorities or court order requesting or directing Avail Insurance to disclose the identity or locate anyone submitting, posting or transmitting any material in breach of this paragraph 8.                                                        
9. LINKS TO AND FROM OTHER WEBSITES                                                        
9.1 Connected Avail Insurance websites that can be accessed via links from this Website, and information provided therefrom such as via RSS feeds are subject to separate terms and conditions. You must therefore read those terms and conditions carefully before using those sites or using any Website material provided via RSS feeds.
9.2 Links to third party sites on this Website or RSS feeds are provided solely for your convenience. If you use these links, you leave this Website. Avail Insurance makes no representations as to the security, quality or propriety of any site which may be accessed through this Website and accepts no liability for the content or for any loss or damage caused or alleged to have been caused by the use of or reliance on information contained in such sites or goods or services purchased from them. If you decide to access any of the third party sites linked to this Website or RSS feeds, you do so entirely at your own risk.
9.3 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the page of this Website, and subject to the following conditions: you do not remove, distort or otherwise alter the size or appearance of the Avail Insurance logo; you do not create a frame or any other browser or border environment around this Website; you do not in any way imply that Avail Insurance is endorsing any products or services other than its own; you do not misinterpret your relationship with Avail Insurance nor present any other misleading information about Avail Insurance; you do not otherwise use any Avail Insurance trade marks displayed on this Website without express written permission from Avail Insurance; you do not link from a site that is not owned by you or, with the consent of your employer to the terms in paragraph 9.3, your employer; and your site does not contain any material outlined in paragraphs 8.2 (a), (b) (c),and (e) and otherwise complies with all applicable laws and regulations.
9.4 Avail Insurance expressly reserves the right to revoke the right granted in paragraph 9.3 for any breach of these Terms of Use and to take any action it deems appropriate. 9.5 You agree to fully indemnify and hold Avail Insurance, its affiliates and each of their directors, officers and employees (the ‘Avail Insurance Indemnities’) harmless from and against any and all losses, costs, damages, expenses and liabilities (including reasonable legal fees) suffered or incurred by any Avail Insurance Indemnitee whatsoever relating to any breach of these Terms of Use.                                                        
10. DISCLAIMER                                                        
10.1 The communication of information and service on the Website provided by either third parties or Avail Insurance is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. In particular, the contents and/or subject matter of the Website does not constitute an offer of information, products or services, or offer to purchase or solicitation of insurance to Canadian or U.S. residents, or in any other jurisdictions where such an offer may be unlawful.
10.2 The Website and attached communications do not represent a prospectus or invitation in connection with any solicitation of capital. Nor does it constitute an offer to sell securities or insurance, a solicitation of an offer to buy securities or insurance, or a distribution of securities in Canada, the United States or to a U.S. person, or in any other jurisdiction where it is contrary to local law. Website users should inform themselves about and observe any applicable legal requirement.
10.3 The information, including any insurance or financial related information, viewable by you on this Website is provided for information only and does not constitute an offer to sell (or the solicitation of an offer to purchase) insurance, nor does it constitute investment advice of any kind whatsoever.
10.4 While Avail Insurance and its third party providers endeavor to ensure that the information on this Website is correct, Avail Insurance and its third party providers do not warrant the accuracy and completeness of the material on this Website. Avail Insurance may make changes to the material on this Website at any time without notice.                                                        
11. WARRANTY AND LIABILITY                                                        
11.1 This Website is provided “as is” for information purposes only and Avail Insurance and its third party providers give no warranties of any kind either express or implied in respect thereof. Specifically, but without limitation, Avail Insurance and its third party providers do not warrant that: you will be able to use this Website or that it will continue to be made available in its current or any other form; or this Website or any material of whatsoever nature available on or downloaded from it will be free from viruses or defects, compatible with your equipment or fit for any purpose.
11.2 It is your responsibility to use suitable anti-virus software on any material that you may download from this Website and to ensure the compatibility of such software or material with your equipment.
11.3 The editorial content of any other site to which you have gained access by means of any hyperlinks published on the Website or the content of information provided on this Website by RSS feed, originating from any other site, remains the responsibility of the provider of that other website.
11.4 All warranties which would otherwise be implied by law are hereby excluded.
11.5 Avail Insurance and its third party providers will not have any liability whatsoever, including without limitation, for any special, consequential, indirect, incidental, exemplary or punitive damages, whether in contract, tort or otherwise in connection with, arising from or related to your use of the Website, including without limitation, in connection with, arising from or related to: any computer virus or other bug transmitted through this Website (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); your use of or inability to use this Website at any time and any failure by Avail Insurance to provide this Website; your use of and/or reliance on other sites to which you have gained access by means of hyperlinks published on this Website; any inaccurate information published on this Website; your failure to comply with any law or regulation that is applicable to you; or your reliance on or use of any information published on this Website. You should note specifically that information might be published on this Website about insurance that may not be appropriate for your specific purposes or circumstances. If you are in any doubt as to who you should contact please refer to Contact Us.                                                        
12. Avail Insurance SERVICE(S) DOES NOT INVOLVE GIVING ADVICE                                                        
12.1 The services Avail Insurance provides on the Website including those of its third party providers do not include, and do not purport to include giving advice of any kind whatsoever; providing, arranging, explaining, advising on or promoting insurance products of any type whatsoever; acting as insurance brokers or intermediaries, whether or not independent from any insurance provider; acting as agents of any kind for you or for any provider; providing brokerage or intermediary services of any kind whatsoever or assuming any of the duties of any such persons under any applicable legal system.                                                        
13. ENFORCEMENT                                                        
13.1 The failure by Avail Insurance to enforce any term or condition of these terms of use shall not be deemed as a waiver of the right to enforce such term or condition.                                                        
14. JURISDICTION                                                        
14.1 These Terms of Use and all matters arising from or connected with them are governed by and construed in accordance with Ontario law and the courts of Toronto, Ontario will have jurisdiction over any claim arising from, or related to, this website. 

bottom of page