Terms of Use – Secure Sites

Notice

These Terms of Use govern the use of Beneva's secure sites and must be interpreted in conjunction with any other contract binding you to Beneva, as well as with the terms, conditions and restrictions posted on our website.

To use Beneva's secure sites, you must carefully read the terms and conditions set out below as your user privileges are conditional upon your acceptance of them and are subject to the limitations of liability set out herein.

By using the secure sites, you acknowledge that providing your username and password may, in certain situations, be equivalent to providing your consent. You also acknowledge that clicking words such as “OK”, “Send” and “Accept” or checking boxes associated to such words is providing consent and binds you legally to the terms of use or, based on the context, binds the company you are representing when you are using the secure sites.

Definitions

“Beneva” refers to Beneva Inc., its affiliates and their mutual insurance companies and distribution networks. Affiliates of Beneva Inc. designates La Capitale Financial Security Insurance Company, Beneva Investment Services Inc., Beneva Insurance Company, L’Unique General Insurance Inc. and Unica Insurance Inc.

“Information” refers to information, documents and content appearing on the secure sites.

“Personal Information” refers to any information that allows a person to be directly or indirectly identified.

“Secure Sites” refers to the secure sites for Beneva's administrators and advisors. Specifically, these are the Administrator Centre, the Advisor Centre, Administrator Access, Advisor Access, the Advisor Extranet and the Astranet.

“User(s)”, “you” and “yours” refer to persons who access or use these secure sites.

1. Access to secure sites

Ensuring the security of all transactions executed on its secure sites is very important to Beneva. Accordingly, in order to use the secure sites, you must use a supported browser that meets Beneva’s security requirements.

In addition, Beneva reserves the right to cancel or suspend your user privileges for security reasons and to discontinue the secure sites at any time, without notice.

2. Your commitments

You agree to use the secure sites in accordance with the terms and conditions set out herein. Accordingly, without limitation, you agree to:

• Only use the secure sites for the purposes for which you were granted access privileges.
• Provide accurate and up-to-date information.
• Protect and keep confidential any personal information to which you have access when using the secure sites.
• Use and share this personal information at all times in compliance with applicable laws and regulations.
• Refrain from misappropriating the identity of another user.
• Refrain from breaching or attempting to breach the security measures put in place by Beneva.
• Refrain from rendering or attempting to render the secure sites unusable.
• Give your consent, when required, so that anyone designated by Beneva can access your account in order to provide you with technical or operational support.
   
   

3. Identification and password information

In order to access the secure sites, you must use a username and password. You are responsible for keeping your username and password confidential. Therefore, you acknowledge that Beneva may not be held liable for any damage or harm arising directly or indirectly from a transaction carried out in response to a request made by someone using your username or password without authorization. If you think your username or password was lost, stolen or used without authorization, please inform Beneva.

4. Accuracy of the information provided on the secure sites

Beneva is committed to taking the measures necessary to ensure that the information contained on the secure sites is as reliable as possible. However, Beneva cannot ensure that this information is always accurate and up to date. Furthermore, Beneva reserves the right to change the information contained in the secure sites at any time and without notice. The use of the secure sites is subject to the user's acceptance of this risk.

5. Protection of personal information

Beneva takes the protection of your personal information very seriously. To learn more about our practices, we encourage you to read our Privacy Statement.

In addition, the user agrees to obtain consent for the collection, use and disclosure of the personal information from the person in question.

If personal information transmitted via the secure sites is also on hardcopy documents bearing the signature of the individual, the user agrees to retain the documents until Beneva authorizes the user in writing to destroy them. The user also agrees, upon request, to provide Beneva with access to these records.

6. Modification to the Terms of Use

Beneva reserves the right to modify the Terms of Use at any time and without notice. Please consult them regularly since you are bound by the terms of use in effect when you are using the secure sites.

7. Use of cookies

Beneva uses cookies, also known as text files, which are placed on your computer. Beneva also retains the services of specialized firms which use technologies allowing them to collect information regarding your browser, your operating system, your preferences, your use of the secure sites and your IP address.

The data collected through cookies and the other above-mentioned technologies enable us to determine user preferences, understand your interests and needs, send you information about products and services that may be of interest to you, and optimize browsing on the secure sites.

The Terms of Use and privacy policies of the service providers with which Beneva does business for the purposes mentioned in this paragraph apply to your browsing and use of the secure sites.

You may disable the use of cookies by selecting the appropriate settings on your browser. However, doing so may prevent you from using certain features on the secure sites.

8. Copyright and trademarks

All information provided on the secure sites is protected by the Copyright Act (RSC 1985, c. C-42). The redistribution, reproduction, copying, publication, storage, modification or other such use of the information provided on the secure sites without Beneva's prior written authorization is strictly prohibited.

All logos, icons, graphics, illustrations, product, service and company names appearing on the secure sites are trademarks of Beneva. Any use thereof without Beneva's written authorization is strictly prohibited. In the event of a breach, Beneva may take legal action.

9. Limitation of liability

Beneva may not be held liable for any damage of any type whatsoever arising, directly or indirectly, from the use or operation of the secure sites and the information they contain.

Beneva cannot ensure that the secure sites will be available, that they will meet your requirements, that access to the sites will not be interrupted, that there will be not be delays, failures, errors, omissions or loss of transmitted information, that no virus or other contaminating or destructive element will be transmitted, or that no damage will be caused to your computer system.

10. Electronic transmission of documents in Beneva’s secure sites

The conditions below govern the transmission, receipt and use of digital documents in Beneva’s secure sites, replacing those for paper documents.

Documents that may be sent through Beneva’s secure sites include:

• Contracts
• Renewal notices
• Invoices
• Statements
• Any relevant communication related to your insurance file

By opting to go paperless, you expressly consent to Beneva communicating with you in this manner.

You agree to:

• Inform the other insured persons named in your insurance contract(s) of your decision to receive documents electronically.
• Regularly log in to your account for documents, especially your invoices to ensure that you pay the amounts due.
• Notify Beneva of all changes of email address to make sure you continue to receive our communications.

A notification email will be sent every time a new document is uploaded to one of Beneva’s secure sites.

All documents sent electronically have the same legal value as their paper version as long as they were sent in such a way as to ensure their integrity, authenticity and legibility under the Act to establish a legal framework for information technology.

11. Applicable laws

These Terms of Use are governed and must be interpreted in accordance with the laws in effect in the province of Quebec, Canada, regardless of its provisions regarding conflicts of laws.

All rights that have not been expressly granted under these Terms of Use are reserved. Any provisions of these terms determined to be invalid or not applicable by law does not invalidate the other provisions, which remain in force.