Last Updated: July 26, 2017.

These Terms of Use (“Terms of Use”) govern your use of this Westmount Protect application (“App”). Westmount Guarantee Services Inc. (“Westmount”, “we”, “us” or “our”) offers this App, including all information, tools and services available on this App (collectively, the “Services”), to you, the user, conditioned upon your acceptance of these Terms of Use.

We reserve the right to change, modify or amend these Terms of Use at any time, and will post a current version of these Terms of Use on our App or on the login page for the App on our website. We are not required to inform you about any such updates and it is your responsibility to check the App or login page periodically for any such updates. Your use, and continued use following an amendment to these Terms of Use constitutes your agreement to these Terms of Use and a binding agreement between Westmount and you. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.

General Disclaimer

The information contained on this App and Services is only an outline of the coverage provided and is not intended to be a legal agreement binding on Westmount or the insurer. For exact terms, definitions, limitations and extensions, please review your insurance policy carefully and make any necessary inquiries to Westmount.

The developer and their representatives are not agents of Westmount or the insurer and are not authorized nor licensed to make representations regarding Westmount, the insurer or the insurance policy.

Privacy

The Terms of Use also include our Privacy Policy, which explains how we handle the information we may hold about you and how we share your information with the underwriter of your insurance policy. You can access our Privacy Policy here. Our Privacy Policy is incorporated herein by reference.

As of the “Last Updated” date of these Terms of Use, Westmount Protect’s deposit protection product, is underwritten by Aviva Insurance Company of Canada (“Aviva”). For information on how Aviva handles your information, please consult their privacy policy that can also be accessed here.

Services We Offer

One of the Services we offer is homeowners’ purchase deposit insurance for freehold homes over and above the Tarion Warranty Corporation coverage available on newly built freehold homes built by qualified developers.

  • For Builders/Developers

If you are a builder/developer, you can use our App and Services to register your development and join our Westmount Protect program which can then be offered to purchasers of homes in your development.

  • For Purchasers

If you are a purchaser of a home, your developer has joined our Westmount Protect program and the development you are purchasing your home from has been pre-approved by the Westmount Protect underwriter. Your developer pays for this excess insurance coverage and your policy can not be suspended, cancelled or in any way altered due to non-payment by your developer. Through our App and Services, you can register, provide the required information to complete and confirm your insurance policy under the Westmount Protect program, download your insurance policy, and add upgrade deposits to your coverage.

Should you have a claim, you will be able to submit the claim to the insurer who handles and decides all claims, and track the claim online or by contacting us via telephone or email as part of our Services. Please note that our Services allows us to collect and review the information you submit about a claim, or communicate with you about your claim, however, Westmount is not a licensed adjuster and will not adjudicate or make any decisions on your claim; your insurer is responsible for deciding all claims. Submitting a claim does not commit Westmount or the Insurer to coverage for a loss. All information you submit regarding your insurance policy and the claim is subject to review and verification through our processes. The insurer may directly, or through Westmount, request additional information prior to reaching a decision on the claim. The insurer may notify you of their decision directly or through Westmount. Notification shall at minimum be in writing via email. A representative will be communicating with you regarding your claim. All provisions contained in your insurance policy remain in effect.

All users, whether developers or purchasers, are responsible for the security and confidentiality of the passwords associated with the emails that are used as UserIDs to register on our App for our Services. You understand that your UserID and password are unique to you and allows any user to access your information and undertake activity with respect to your account and your coverage. Westmount is not responsible for the consequences of unauthorized access to our Services as a result of a third party obtaining your UserID and password through no fault of ours. You agree to immediately notify us of any unauthorized use of your account and ensure that you exit from your account at the end of each session. We may issue you a new password or require you to change your password from time to time.

Registering for an account and using our App and Services involves the collection of your information, such as your name, contact information, purchase details, etc. For more details on the types of information we collect, including your personal information, please see our Privacy Policy.

For more information about Westmount Protect, please visit our Support and FAQ here.

Feedback

We welcome any feedback, comments and suggestions you may have to improve our App or Services (“Feedback”). You can submit Feedback to us at the email address listed on the “Contact Us” page of this App. When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose without restriction or compensation to you.

Acceptable Use Policy

We have established the following rules of use for our App and the Services. You agree you will not:

  • violate, plagiarize or infringe on our rights or the rights of any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;
  • attempt to access another person’s account, including, without limitation, attempts to use another person’s credentials to create an account on our App unless you are expressly authorized to do so pursuant to an agency agreement;
  • use the App or Services for any commercial purpose or for the benefit of any third party on in any manner not permitted by these Terms of Use;
  • remove any proprietary notices or labels on this App, the Services or the Content (as defined below);
  • transmit of any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or other form of solicitation through our App or Services;
  • engage in any conduct which we, in our sole discretion, deem to be detrimental to our interests, including, without limitation, acting or failing to act in a manner contrary to these Terms of Use, or intentionally interfering with the App, our Services or our computer systems;
  • collect, store, or attempt to collect or store, any Personal Information (as defined in our Privacy Policy) from the App or Services from other users without their express permission;
  • Access, tamper with, or use non-public areas of the App or Services or Westmount’s computer systems or technical delivery systems;
  • Interfere with, or attempt to interfere with, the access of any host or network, including, without limitation, intentionally posting or transmitting to or through the App of Services any file that contains a virus, bug, worm, Trojan horse, disabling device or any other contaminating or destructive feature;
  • impersonate or misrepresent your affiliation with any person or entity;
  • violate any applicable law or regulation; or
  • encourage or enable any other individual to do any of the foregoing.

Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws and constitutes a breach of these Terms of Use.

Content Ownership On The Services

You retain ownership of the personal and account information you submit or upload to use our App and Services.

Except for public domain material and the personal and account information you submit to the App to use our Services (e.g., your name, email address, claims information, etc.), all content and material on and/or forming part of the App and Services from time-to-time, including all text, information, links, graphics, audio, video, animation, logos, trademarks service marks and trade names, and the design and arrangement thereof, and all source code and software (collectively referred to as the “Content”), are protected by copyright, trademark and other laws, and are owned or controlled by Westmount or its licensors. All rights not expressly granted to you in these Terms of Use are reserved. You agree that any copy of the Content, or any part thereof, which you make shall be solely for your private, non-commercial use or for such other use as may be authorized in writing in advance by us, and shall retain all copyright and other proprietary notices in the same form and manner as on the original.

Except for your use as authorized in these Terms of Use, you may not, directly or indirectly, adapt, republish, display, upload, post, transmit, broadcast, communicate to the public (including by telecommunication), sub-license, sell, reverse engineer, decompile or disassemble, merge with other data, frame in or post on another app or platform, create derivative works from, translate, modify, reproduce, perform, distribute, transfer or otherwise use the Content, or individual sections of the Content, or authorize anyone to do any of the foregoing acts, without our express prior written permission.

Trademarks

The trademarks, service marks or logos displayed on and/or used in association with this App and the Services, including but not limited to developers’, developments’, Westmount’s, Westmount Protect’s and insurers’ logos (collectively, the “Marks”) are either registered or unregistered trademarks. Nothing in these Terms of Use should be construed and granting any license to use any Marks without our express permission or permission from the applicable trademark owner. Unauthorized use of any Marks is prohibited, and may be a violation of federal and international trademark laws. You acknowledge that you do not acquire any ownership rights by using our App and Services.

Disclaimers

THIS APP, THE CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WESTMOUNT DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND WARRANTIES AGAINST INTERFERENCE OR INFRINGEMENT ARISING FROM THE COURSE OR DEALING OR COURSE OF PERFORMANCE. WESTMOUNT FURTHER DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APP WILL BE SECURE; THAT THE APP OR THE SERVER THAT MAKES THE SERVICES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION PROVIDED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, AND RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD CONTENT FROM THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY OF ANY KIND. IN NO EVENT WILL WESTMOUNT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WESTMOUNT AND ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, PARTNERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE APP, THE CONTENT, OR THE SERVICES OFFERED OR SOLD THROUGH THE APP, EVEN IF WESTMOUNT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WESTMOUNT’S LIABILITY EXCEED FIFTY ($50) DOLLARS CAD.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain warranties and/or liabilities. Accordingly, some of the above limitations or exclusions may not apply to you.

Indemnification

You agree to indemnify, defend and hold Westmount and our respective directors, officers, agents, partners, employees, representatives, licensors and licensees harmless from any damages, loss, liability, costs and expenses (including reasonable lawyer’s fees), incurred in connection with any third party claim, or demand due to or arising out of your access or use of the App or the Services and/or breach of these Terms of Use or your violation of any law or the rights of such third party.

App Links

Like many other Apps, our Services contains links to third party websites, which are not governed by these Terms of Use. These links are provided for your convenience only. Please be aware that these third party websites are governed by separate terms of use. We encourage you to be aware when you click these links and leave our site. Your use of these third party links is at your own risk.

Termination

We may, in our sole discretion, terminate or suspend your access to all or part of this App, the content and/or Services offered through the App for any reason, including, without limitation, your breach of these Terms or Use

Miscellaneous

These Terms of Use and your use of our App and Services shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these Terms of Use shall be resolved exclusively by the courts located in Toronto in the Province of Ontario. You agree not to bring any legal action against Westmount in any jurisdiction except the Province of Ontario and you shall submit and consent to such jurisdiction.

Any cause of action or claim you may have with respect to these Terms of Use or the App or Services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred.

Westmount reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use and/or the rules and regulations set forth on this App, including without limitation the right to block access from a particular internet address.

If any provision of these Terms of Use shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and Westmount in connection with your use of the App or Services.

Contact Us

If you have any questions, concerns, or suggestions regarding this Terms of Use, please contact us at the email address listed on the “Contact Us” page of this App or by mail:

Westmount Guarantee Services Inc.
600 Cochrane Drive, Suite 205
Markham, Ontario L3R 5K3