Terms & Conditions

This legal disclaimer governs your access to, and use of, any website which is owned, operated or provided through third party websites, by Winnipeg Insurance Brokers Limited.  In consideration for your right to access and use our website, you agree to the terms and conditions set out below.  If you do not agree with these terms and conditions, please do not use our website.

As used in this legal disclaimer, “you” means (and “your” refers to) the user of our website and products and services which are sold on or through our website, “we” means (and “us”, “our”, and “ours” refer to) Winnipeg Insurance Brokers Limited, and “Services” means any and all services and products that are made available on or through our website. 

Ownership of Content

Subject to third party rights, all materials displayed or otherwise accessible on our website, including, without limitation, text, photographs, images, illustrations, sound, graphics, icons, code (collectively, the “Content”) and the selection and arrangement of the Content on our website is protected by copyright, pursuant to Canadian copyright laws, international conventions and other copyright laws.  We either own the intellectual property rights, including copyright, or have acquired the necessary rights or licenses, in the Content.  Portions of the Content may have been licensed to us or published on our website by third parties.  Any reproduction, modification, publication, transmission, transfer, sale, distribution, display or exploitation of our website or the Content, whether in whole or in part, without our express written permission, is strictly prohibited.  The display of the Content does not imply that you have been granted a license by us or other entities with respect to it.

If you believe in good faith that any material that is made available on our website infringes your copyright, please contact us at info@wpgins.ca.

Certain words, phrases, names, designs or logos on our website may constitute trademarks, service marks, or trade names that are owned by us or others.  The display of such marks on our website does not imply that you have been granted a licence by us or others with respect to them.

Prohibited Uses

While you use our website, you must comply with all applicable laws, rules and regulations. In addition, use of our website is based on the following rules of conduct.  You will not:

• Use our website in a manner which will violate or solicit the violation of any applicable local, provincial, territorial, state, national or international law, rule or regulation, including, without limitation, applicable privacy laws and the statute known as An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications (Canada).
• Impersonate any person or entity, including, but not limited to, any of our representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent.
• Post, transmit, or otherwise make available any virus, worm, trojan horse, spyware, or any other computer code, file, or program that may, or is intended to, damage or hijack the operation of any hardware, software, server or telecommunications equipment.
• Conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website, without our prior written consent.
• Interfere with or disrupt our website.
• Post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” investment opportunity, or any other form of solicitation.
• Re-publish material from our website (including republication on another website), without our prior written consent.

Any person who is found or reasonably suspected to have violated the rules of conduct provided above, may be barred from using our website, in our sole discretion, and may be subject to other legal remedies.

Privacy

We respect your privacy and the security of your personal information.  By accessing and continuing to use our website, and by providing personally identifiable information to us through our website, you are indicating your acceptance to be bound by the terms and conditions of our website privacy policy. If you do not accept the terms and conditions set out in our website privacy policy, please do not access or use our website or provide personally identifiable information to us, through our website.

Modification of these Terms

We reserve the right in our sole discretion to revise and update these terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of our website. You agree to periodically review these terms in order to be aware of any such modifications and your continued use of our website after such modifications shall constitute your acceptance of them. 

DISCLAIMER

Access to our website is provided “as is” and without warranties of any kind, either express or implied.  You acknowledge your access and use of our website and any reliance on its materials is entirely at your own risk.  Your access to and use of linked sites, including information, materials, products and services on linked sites or available through linked sites, is solely at your own risk and governed by the terms of service of the linked site.  

Information on our website may contain inaccuracies or typographical errors. Information may be changed or updated without notice.

Our website does not constitute an offer or contract. We make no representations whatsoever about third party websites which you may access through our website. When you access a third party website (via links from our website or otherwise), please understand that it is independent from our website and that we have no control over the content on that third party website. In addition, a link to a third party’s website does not mean that we endorse or accept any responsibility for the content, use, or products and services made available through such website.

You should note that the Internet is an inherently insecure medium, and sending any online communication provides no guarantee of successful delivery.  Care should be taken to ensure that the content of your online communication is not sensitive or confidential, since we can take no responsibility for communication which is intercepted, lost, delayed, or misdelivered.  Since your computer equipment and the general reliability and performance of the Internet is outside our control, we do not warrant your performance will achieve expected or implied levels.  Be aware that information you share on and through our website the Services may be available to others.  We are not responsible for what others do with such shared materials and other information, once you post them on or through our website and the Services.  We will take commercially reasonable measures to secure data that is hosted on and transmitted through our website and Services, but subject to this obligation, we are not responsible for any unauthorized access to, or use of, our website and the Services, and/or any and all personal information or financial information stored on or through our website and the Services; any loss of your data or content through our website and the Services; or the violation of your rights by any third party.

LIMITATION OF LIABILITY, RELEASE AND INDEMNITY

THIS SECTION LIMITS OUR LIABILITY TO YOU AND PROVIDES FOR A RELEASE AND AN INDEMNITY, FROM YOU, IN FAVOUR OF US.  PLEASE READ IT CAREFULLY.

LIMITATION OF LIABILITY:  UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES FROM US OR OUR OWNERS, SUBSIDIARIES, AFFILIATES, REPRESENTATIVES, AGENTS, LICENSORS OR THEIR RESPECTIVE HEIRS, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS (AS THE CASE MAY BE) (COLLECTIVELY, “OTHERS”) WHICH YOU MAY SUFFER ARISING, CAUSED, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES, ANY ACCURACY, INCOMPLETENESS, OR INCORRECTNESS CONTAINED ON THE MATERIALS DISPLAYED, ACCESSED, USED OR PURCHASED THROUGH THE SITE, OR YOUR RELIANCE OR ACTING UPON THE MATERIALS ON OR PURCHASED THROUGH THE SITE, INCLUDING, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA, UNAUTHORIZED ACCESS TO OR USE OF THE SITE AND THE SERVICES AND DATA CONTAINED ON OR THROUGH THE SITE OR THE SERVICES AND/OR PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT, TORT, IN EQUITY, AT LAW OR OTHERWISE AND WHETHER OR NOT WE HAVE OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF US AND OUR OTHERS TO YOU FOR DAMAGES SUFFERED BY YOU ARISING OUT OF, RELATED TO OR CAUSED BY THE SITE, THE SERVICES OR THE USE THEREOF, EXCEED A MAXIMUM AMOUNT EQUAL TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES IN THE SIX-MONTHS’ PERIOD WHICH PRECEDES THE OCCURRENCE OF SUCH DAMAGES.  YOU ACKNOWLEDGE THAT THIS SECTION REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS LEGAL DISCLAIMER AND THAT WE WOULD NOT OFFER SERVICES WITHOUT THESE LIMITATIONS ON LIABILITY.

RELEASE:  YOU AGREE TO RELEASE, REMISE, ACQUIT AND US, AND OUR OTHERS, FROM ANY CLAIMS, ACTIONS, DEMANDS, COSTS AND EXPENSES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, AT LAW OR IN EQUITY, OR BY STATUTE OR OTHERWISE, HOWSOEVER CAUSED, WITH RESPECT TO YOUR USE OF, OR OUR OPERATION OF, THE SITE AND THE SERVICES, EXCEPT AS MAY BE SET OUT IN THE PRECEDING PARAGRAPH.

INDEMNITY:  You agree to indemnify, save and hold harmless us and our Others, from and against any claims, actions, demands, judgments, awards, declarations, orders, settlements, damages (including general, special, punitive, aggravated or exemplary damages), liabilities, losses, costs, charges, interest and expenses, or proceedings of any kind whatsoever which may be initiated or presented by any other persons, individuals or other legal entities, and which arise directly or indirectly from your use of or reliance on our website or the Services or information available on or through our website or the Services.  Without limiting the generality of the foregoing, you hereby agree to pay all costs, fees and expenses, on a solicitor and own client basis, which may be incurred by us and our Others, relating to your use of or reliance on our website or the Services and information available on or through our website or the Services.

SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITY, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Governing Law and Jurisdiction

These terms and conditions and your use of our website will be governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Manitoba or any other jurisdiction) and notwithstanding your domicile, residence or physical location. 

Any action or proceeding arising out of or relating to these terms and conditions and your use of our website will be instituted in the courts of the province of Manitoba, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and The International Sale of Goods Act (Manitoba), C.C.S.M. c. S11, as amended, replaced or re-enacted from time to time.