1. Agreement to terms
These Terms of Service (Terms) constitute a legally binding agreement between you (you or User) and PGI Canada Ltd. and its affiliates (PGI, we, our, or us) governing your access to and use of our website, mobile applications and Personal Guarantee Insurance services (collectively, the Services).
By accessing or using our Services, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
2. Eligibility
To use our Services you must be at least 18 years of age, have the legal capacity to enter into binding contracts, not be prohibited from using the Services under applicable law, and provide accurate and complete information as required. By using our Services, you represent and warrant that you meet all eligibility requirements.
3. Description of services
PGI provides Personal Guarantee Insurance products and related services designed to protect business owners who sign personal guarantees on business loans. Our Services include:
- Insurance quoting and application processing
- Policy issuance and administration
- Claims processing and management
- Educational resources and information
- Customer support and account management
The specific terms, conditions and coverage of any insurance policy are governed by the policy documents themselves, which control in the event of any conflict with these Terms.
4. Account registration
To access certain features you may need to create an account. You agree to provide accurate, current and complete information, maintain and update it, keep your credentials confidential, accept responsibility for activity under your account, and notify us immediately of any unauthorized use. We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe may be compromised.
5. Insurance applications and underwriting
Application process
When you apply for Personal Guarantee Insurance, you agree to provide truthful, accurate and complete information. Misrepresentation or omission of material facts may result in denial of coverage, policy cancellation or claim denial.
Underwriting decisions
All applications are subject to underwriting review and approval. We reserve the right to accept or decline any application at our sole discretion. A quote is not a guarantee of coverage and may change based on underwriting review.
Premium payments
Coverage is contingent upon timely payment of premiums. Failure to pay premiums when due may result in cancellation of coverage. All payments must be made using approved payment methods.
6. User responsibilities
When using our Services you agree to comply with applicable laws, use the Services only for lawful purposes, not attempt unauthorized access, not interfere with or disrupt the Services, not transmit malicious code, not impersonate any person or entity, and not use automated systems to access the Services without permission.
7. Intellectual property
All content, features and functionality of our Services, including text, graphics, logos, icons, images, software and their compilation, are the exclusive property of PGI or our licensors and are protected by copyright, trademark and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any materials from our Services without our prior written consent, except for your personal, non-commercial use.
8. Disclaimers
The Services are provided as is and as available without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that the Services will be uninterrupted, secure or error-free, or that defects will be corrected. Information on our website is for general informational purposes only and does not constitute insurance advice. You should consult with qualified professionals regarding your specific situation.
9. Limitation of liability
To the fullest extent permitted by law, PGI shall not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, data, use or goodwill, resulting from your use of or inability to use the Services, third-party conduct or content, unauthorized access to your information, or any other matter relating to the Services. This limitation applies regardless of the legal theory, even if PGI has been advised of the possibility of such damages.
10. Indemnification
You agree to indemnify, defend and hold harmless PGI and our officers, directors, employees, agents and affiliates from any claims, liabilities, damages, losses, costs or expenses, including reasonable legal fees, arising out of or relating to your violation of these Terms, your violation of the rights of another party, your violation of any applicable law, or your use of the Services.
11. Governing law and dispute resolution
These Terms shall be governed by and construed in accordance with the laws of Bermuda, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the Bermuda International Conciliation and Arbitration Centre. The arbitration shall take place in Hamilton, Bermuda, and the language of the arbitration shall be English.
12. Changes to terms
We reserve the right to modify these Terms at any time. We will post the updated Terms on our website and update the effective date. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms. If you do not agree, you must stop using our Services.
13. Termination
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including a breach of these Terms. Upon termination, your right to use the Services will cease. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification and limitations of liability.
14. Severability
If any provision of these Terms is held invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
15. Entire agreement
These Terms, together with our Privacy Policy and any applicable insurance policy documents, constitute the entire agreement between you and PGI regarding the Services and supersede all prior agreements and understandings.
16. Contact information
If you have any questions about these Terms, please contact us through our contact page.
Questions about this document? Contact us and our team will respond within one business day.