1.
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Authentication
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1.1 |
The “User” of this website has access to the protected areas. |
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1.2 |
The “Insured” means the insured(s) identified in the Coverage Summary and any insured named in the Insurance Policy. |
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1.3 |
By accessing the protected areas of this website, the User agrees to be bound by this website’s Legal Notices. |
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1.4 |
The User represents and warrants that he/she has the authority to: create a new payment request on behalf of the Insured; access the information available in the protected areas of the website; disclose the requested information to Primaco on behalf of the Insured; select a payment option; and sign a contract on behalf of the Insured. |
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2.
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Application Fee
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2.1 |
Primaco offers its financing services via a website. An Application Fee is associated with the administration of contracts issued through this website. The Application Fee is equal to a percentage of the total insurance premium and is displayed under the heading “Application Fee.” By checking the box next to the hyperlink providing access to the Legal Notices, the User confirms that the Insured has understood this calculation and agrees to pay the Operating Fee upon entering into a Financing Contract with Primaco via this website. |
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3.
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Payment
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3.1 |
The User can choose from among various payment options. |
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3.2 |
Privacy and confidentiality of the payment information disclosed by the User to finalize an agreement on behalf of the Insured via the Primaco website is safeguarded by the provisions of Section 4 hereof. |
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4.
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Formation of Financing Contract
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4.1 |
By clicking on “View the Contract,” the User accesses an unsigned copy of a contract, which constitutes the “Offer” by Primaco. |
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4.2 |
The parties are legally bound from the moment the User expressly accepts the Offer on behalf of the Insured by signing the contract to which he/she has access by clicking the “Sign” then the “Confirm” button. |
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4.3 |
The User then submits his/her signature electronically via a secure system in order to document the contract in writing and allow communication of an electronic or physical copy of the contract. |
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5.
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Acceptance of Content of Offer
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5.1 |
Before clicking the “Sign” button, the User acknowledges that he/she has had the opportunity to review all the essential provisions of the Offer and that he/she then had the option to either accept or decline the Offer. |
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5.2 |
The User may decline the Offer. In such instance, he/she should not sign the contract after clicking “View the Contract” and make changes, where applicable, or exit the website. |
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5.3 |
If the User checks the box next to the hyperlink providing access to the Legal Notices, he/she confirms that they have been brought to his/her attention, and the User is thereby deemed to have reviewed and agreed to them. |
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5.4 |
Subject to the applicable public policy provisions, the contracts are formed in lieu of the receipt of the signed contract, more specifically at the domicile of Primaco. |
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6.
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Sample Contract
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6.1 |
Primaco or one of its partners will forward to an Insured who has entered into a financing contract a sample contract or a summary of the financing contract provisions within fifteen (15) days after the contract is entered into. |
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6.2 |
The documents received electronically from Primaco or its agents shall have the same legal effect and may be admitted as evidence to the same extent as documents delivered by mail. |
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6.3 |
The sample contract or a summary of the contract provisions sent electronically or mailed by Primaco or its agents will prevail if it contains discrepancies from the Information provided or posted on this website. |
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7.
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Limitation of Liability
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7.1 |
Despite all efforts by Primaco, it is impossible to guarantee the absolute security of online transactions. |
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7.2 |
Primaco shall in no way be liable for any direct or indirect damages that may result from the use of the website by the User or the Insured or that may arise during its use, namely through viruses, bugs, malicious code, Trojan horses, logic bombs, worms and other Internet anomalies. |
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7.3 |
The User and the Insured acknowledge that Primaco in no way controls the security of external websites available by clicking hyperlinks via its website. |
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8.
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Intellectual Property and Authorized Use
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8.1 |
All rights relating to intellectual property, industrial property, trademarks, domain names and other distinctive signs are the exclusive property of Primaco or one of its partners. The Primaco logo is protected by copyright for the benefit of Primaco. |
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8.2 |
Copying, reproducing, publishing, posting, transmitting, displaying, storing, sublicensing, transferring or distributing information from this website, including images, text or documents, is prohibited without the express authorization of Primaco or its providers, as applicable. |
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9.
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Validity, Implementation and Dispute Resolution
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9.1 |
This website is published in the Province of Quebec. |
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9.2 |
Subject to the applicable public policy provisions, this website, including the application and interpretation of the Legal Notices, is governed by laws applicable in the Province of Quebec. |
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9.3 |
Subject to the applicable public policy provisions, all disputes, lawsuits or claims arising out of or in connection with this website will be subject to the exclusive jurisdiction of the courts of the Province of Quebec. |