Terms & Conditions and Privacy Policy

By accessing the Lions Gate Underwriting Agency website ('Site'), you agree to be bound by the following terms and conditions. Additionally, you are bound by any other terms and agreements that may be in force between you and Lions Gate Underwriting Agency. Before using this Site, please read these Terms and Conditions carefully and also our Privacy Policy:


Definitions

'you', 'your' and 'yours' means you, the person(s) accessing this Site.

'we', 'us' and 'our' means BMS Canada Risk Services Ltd. t/a Lions Gate Underwriting Agency, a wholly owned subsidiary of Minova Insurance Holdings Ltd.


Terms

These Terms cover your use of this Site. All our products and services have their own terms and conditions. From this Site we may provide information or hyperlinks to other websites or pages provided by other parties. Your use of other parties' sites may be subject to their own terms and conditions. You should read them. Please make sure you read carefully all applicable terms, conditions and disclaimers.


Changes To Our Terms

We may change these Terms at any time by updating these pages. You agree to review any applicable terms and conditions regularly and that your use of any part of this Site will be subject to any such changes once they are made.


Availability of Site, Products And Services

The content, including layout, of this Site or products or services offered via this Site may be wholly or partially suspended, withdrawn or changed at any time. We also reserve the right at any time to immediately suspend the provision of all or any part of this Site to you and/or block your access to this Site.


No Offer

Information or opinions contained on this Site do not constitute investment advice or an offer to sell or a solicitation, or offer to buy, any securities or financial instruments. Should you seek to rely in any way whatsoever upon any content contained on this Site, you do so at your own risk. Before you make any decision or take any action that might affect you or your personal finances or business, you should always consult a suitably qualified professional adviser.


Users

This Site is intended for those who access it from within Canada. Because of this, we cannot guarantee that this Site or the information on it complies with local laws, regulations or restrictions of, or is appropriate for use in, other places. People accessing this Site from outside Canada must inform themselves about and observe any relevant rules, regulations and restrictions. The following provisions under 'No Warranties' and 'Exclusion of Our Liability' exclude or limit our legal liability for this Site. You should read them carefully.


No Warranties

Other than the warranties and representations contained in these Terms, all other warranties and representations, whether express, implied or statutory are, to the fullest extent permitted by the law, excluded. Use of this Site is at your sole risk. We do not represent that:

  • any information contained on this Site will be accurate, complete or up to date or meet your specific requirements;
  • this Site will be available;
  • access to this Site will be uninterrupted or that there will be no delays, failures, errors or omissions or loss of information as this Site is transmitted to you;
  • no viruses or other contaminating or destructive materials or elements will be transmitted or that your computer system will not be damaged.

We do not provide any guarantee about the accuracy, functionality or performance of any third party software, content or equipment used in connection with this Site.


Exclusion of Our Liability

To the extent permitted by law we shall not be liable for any damage, loss or liability (whether arising in contract, tort, including negligence, or otherwise) arising out of or in connection with:

  • your use of this Site;
  • your reliance on or your inability to use the information, products or services on this Site;
  • any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure to this Site or your use or attempted use of it.

The above exclusions apply to any damage which is direct, indirect, special, incidental or consequential or consists of loss of profits, business, opportunity or data. All of the above exclusions apply even if you have advised us of the possibility of the above types of damage, loss or liability.


Your Obligations

Security - it is your sole responsibility adequately to:

  • protect and back up your data and equipment;
  • undertake reasonable and appropriate precautions against any computer virus or other destructive materials or elements;
  • ensure that your computers and your access to this Site are adequately secured against any unauthorised users.
  • Your use of this Site - you may not use this Site or permit others to use this Site:
  • in any way (including via electronic means) and for any purpose which is unlawful, defamatory or libellous, offensive, abusive, indecent, menacing or threatening or in any way breaches any intellectual property rights or obligations of confidence;
  • to cause annoyance, inconvenience or needless anxiety to any other person or in any other way which is in violation of any applicable law or regulation in any jurisdiction in the world;
  • to introduce a virus or other disruptive material or element or otherwise disrupt or impair this Site or any communication service.

Third Party Sites

Links to Third Party Sites - where we provide hypertext links to other locations on the Internet, we do so for information purposes only. We are not responsible for the content of any websites or pages of third parties linked to or from this Site. Following links to any websites or pages of third parties shall be at your own risk. We shall not be responsible or liable for any damages or in any other way in connection with such linking of those websites or pages.

Downloads from Third Party Sites - links to third party downloadable software sites are for convenience only and we are not responsible nor are we liable for any difficulties or consequences associated with downloading that software. You are responsible for obtaining all necessary authorizations to use such software and we make no implied license or warranty in relation to the obtaining of or use of such software whatsoever.

No Endorsement of Third Parties - no endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any information on this Site or by any hyperlinks to or from any third party websites or pages.


Links To Our Site

Neither you nor any other party may use any part of this Site on any other website, or link any other website to this Site, without our prior written permission. We are not responsible for the set up of any link from a third party website to our Site.


Internet and E-Mail Communications

Messages sent over the Internet (including e-mail) cannot be guaranteed to be completely secure as they are subject to possible interception, monitoring, delay, loss or alteration. We are not responsible for any such messages nor liable to you or anyone else for any damages or otherwise in connection with any messages sent by you to us or any third party or any messages sent by or appearing to be sent by us or any third party to you over the Internet (including e-mail). You should not include any sensitive or confidential information in such messages. For information that is too sensitive or confidential to be dealt with by e-mail, please call or write to us by letter.


Our Monitoring of Communications

To help us improve our service and in the interest of security, we may monitor and/or record communications (whether over the Internet, telephone or otherwise) between you and us.


Intellectual Property Rights

Our Rights - all intellectual property rights (including without limitation, copyright, database rights, design rights, patents and trademarks) in the pages, screens, information and materials included in this Site are owned by or licensed to us unless otherwise stated. Lions Gate Underwriting Agency and the Lions Gate Underwriting logo are trademarks of Minova Insurance Holdings Ltd and all rights and benefits in them vest in Minova Insurance Holdings Ltd.

Copying by you - you may print, copy, download or temporarily store extracts from this Site for your personal use or to help you use our products and services. You must not alter any extract contained on or obtained from this Site in any form. Any other use is prohibited unless you first get our written permission.


Data Protection

We are committed to protecting your personal data and privacy. All information that we gather from you in connection with your use of this Site ('your information') will be processed or otherwise dealt with by us in accordance with our Privacy Policy (as amended from time to time) which you should read.

We may use 'cookies' to collect data about you in connection with your use of this Site. We may, as a result of your interaction with this Site, hold and process your information. This will be entered on to our database and will be used to provide to you services and products, to evaluate the effectiveness of this Site and for statistical analysis.

"cookie" is a piece of information that our web site sends to your browser which then stores this information on your system. If the cookie is stored, the web site remembers information about you and your preferences. If the cookie is temporary it will only remember information about you until you exit the current browser window. If your cookie is permanent it will retain information about you until you disable or delete the cookie. Many people like to use cookies to save time. Remember - cookies only contain information which you have already provided to us. They are not able to get into your hard drive and return to the sender with personal or other information from your computer.

We only use cookies in two ways. The first is for temporary cookies. When you visit our site, our web server automatically sends your browser a temporary cookie which is used to help your browser navigate our site. Any information is erased when you close your current browser window. If you visit our site from one of our business partners our web server may send your browser a temporary cookie that reflects an "origination code" for that business partner. This information is used for statistical and marketing purposes.” If you visit our web site and request information from us, we may also use cookies. If you click on a box that says something like "please remember my profile" we'll send a cookie. If you want more information check out the following: Microsoft Internet Explorer users visit www.microsoft.com/info/cookies.mspx

Your information may also be used for fraud prevention and audit purposes. If you give us false or inaccurate information and we suspect fraud, we will record this. Your information may also be exchanged with members of Minova Insurance Holdings Ltd and others to provide you with services and products. We may use other members of Minova Insurance Holdings Ltd and/or third parties (in jurisdictions inside or outside Canada where there may be less stringent data protection laws) to process information on our behalf.

Wherever it is processed, your information will be protected by a strict code of secrecy and security which all members of Minova Insurance Holdings Ltd, their staff and any third parties are subject to and will only be used in accordance with our instructions. We may contact you to ensure that any information you have requested has been received. Under data protection legislation, you can ask in writing for a copy of personal records we hold on you. We may make a charge for this service.


Children

This Site is not intended to be used by minors.


Governing Law

These Terms are governed by and are to be interpreted in accordance with the laws of Canada.


Privacy Policy

Lions Gate Underwriting Agency is a wholesale insurance broker dealing exclusively with licensed retail insurance brokers. We are committed to providing excellent service and to protecting the privacy and confidentiality of personal information received by us in order to provide the insurance products requested.

Why is Information Collected?

  • To compile statistics;
  • To enable communication between parties;
  • To assist in the resolution of certain technical and security issues;
  • To comply with the law or requests of law enforcement agencies or regulators;

And

To protect us and our clients and affiliates against error or fraud.


What personal information is collected?

Personal information identifies a particular individual and may consist of the following:

Basic contact information you provide which may include your name, and e-mail address, etc. Information voluntarily disclosed during the course of communications


What non-personal information is collected?

Non-personal information does not identify a particular individual and may consist of the following:

HTTP request information such as the date and time of the request, method, resource name, Internet Protocol address, preferred language, user agent, and operating system


To whom do we disclose personal information?

For many purposes identified above, we will may need to share personal information with others in order to serve your needs. These other parties commonly include:

  • Insurance underwriters
  • Insurance brokers or agents
  • Professionals working with us such as claims adjusters, assistance providers or lawyers

We may also share this information with a subsidiary, business partner, representative or affiliate of Lions Gate Underwriting Agency so that they may contact you about other goods and services or to assist you in the support, renewal or purchase of Lions Gate Underwriting Agency products and services.


How do we protect personal information?

In order to protect your client's personal information and right to privacy, we will:

  • Not collect, use or disclose personal information for any purpose other than those that we identify to you;
  • Keep personal information only for as long as we need it to fulfill the stated purpose or as required by law;
  • Maintain personal information in as accurate, complete, and up-to-date form as possible;
  • Safeguard personal information to the best of our ability, however, while Lions Gate Underwriting Agency has reasonable security measures in place to protect against loss, misuse and interception by third parties, we assume no liability for interception, alteration or misuse for information transmitted to us over the Internet, or misdirected by mail;
  • Respond to any written requests made to access or correct the personal information we hold with respect to your clients;
  • Obtain appropriate consent (where applicable) for the collection, use or disclosure of personal information.

Third Party Sites

Links to other, third party websites and resources are provided for informational purposes only. You should consult the other sites' privacy policies and terms as we have no control over information that is submitted to, or collected by, these third parties.


Consent

We may obtain express consent or we may determine that consent has been implied by the circumstances.

We may ask for express consent in writing, for example in a signed contract, consent or application form.

We might ask for your express consent in person or over the telephone.

We may determine that by seeking information through our organization, consent has been implied for us to deal with the personal information, which has been provided to us, in a reasonable manner.

There are exceptions to when we will not be required to obtain consent or explain purposes for the collection, use or disclosure of personal information. For example, when we believe, in good faith, that the law requires it or when there is an emergency situation, or if it is necessary to protect the right or property of Lions Gate Underwriting Agency or its affiliates.