Terms and Conditions of Use

Terms and Conditions of Use

Last updated: January 16th, 2023

Access to and use of fiftyup.ca including all associated online pages located on this domain (“Website”), and the products and services available through the Website are subject to the following terms of use (“Terms and Conditions of Use”). By using the Website you agree to be bound by these Terms and Conditions of Use. These Terms of Use do not change or alter any other agreement or contract between you and FiftyUp. If at any time you choose not to accept these Terms of Use, please do not use the FiftyUp Websites.

Your responsibility to check this page

These Terms and Conditions of Use may change from time to time and all changes will be posted on the Website so please check it periodically. Whenever using the Website you should read these Terms and Conditions of Use in conjunction with our Privacy Policy. By continuing to use the Website after a change has been posted on the Website, or after you have been notified of a change, you will be deemed to agree to be bound by the new Terms and Conditions of Use.

Who we are

'Our', 'Us' and 'We' refers to FiftyUp, a trade name registered by GFSC Life Inc. (Suite 1600, 2 Sheppard Avenue E, North York, ON, M2N 5Y7) and any insurer that FiftyUp acts on behalf of as communicated to you on this Website. The words 'you' and 'your' refer to users of this public Website. The Website is owned by GFSC Life Inc.

Accuracy of Information on Website

The information on the Website is a summary only. Source material should be consulted in all cases affecting legal rights or responsibilities. Changes in circumstances may occur at any time and may impact on the accuracy or completeness of the information. FiftyUp has taken reasonable care in producing this information. However, to the extent permitted by law, FiftyUp does not warrant the accuracy, timeliness, adequacy, or completeness of the information and excludes liability for any decision taken on the basis of information shown in or omitted from this Website. Any advice contained on the Website is general only and does not take into account your personal situation or needs.

Use in Canada only

The material on this Website is published by us and is intended for use only in Canada. The Website is not intended for use outside Canada. The insurance services, products and information described on the Website may not be available in all regions of Canada. The insurance services are only available in jurisdictions where they may be legally provided. We make no claim that the information contained on this Website is appropriate or may be downloaded legally outside Canada. If you access this Website from outside Canada, you do so at your own risk and you are responsible for compliance with the laws in your respective jurisdiction.

Website not intended for young persons

This Website is a business and commercial site. It is, therefore, not intended for persons under the age of 18. If you are under 18, you should speak to your parents, your guardian, or a responsible adult and obtain their permission to use this Website.

No representations or warranties

The information, materials and services contained on the Website are provided to you 'as is', and 'as available'. To the maximum extent permitted by law, unless otherwise specified, we disclaim all representations and warranties of any kind, whether express, implied, or statutory. In addition, we do not warrant, guarantee, or make any representations regarding the security of accounts, or that this Website is free from destructive materials, including but not limited to computer viruses, hackers, or other technical sabotage. We also do not warrant, guarantee, or make any representations that access to this Website will be fully accessible at all times, uninterrupted, or error-free. You use this Website at your own risk and solely in reliance on your own judgement and not upon any warranty or representation made by us.

Appropriate use of Website

Use of this Website is limited to obtaining insurance quotes, obtaining other information relating to the price of insurance cover and conducting insurance related transactions or queries, in respect of insurance cover for you or a member of your immediate family, with their prior consent. You agree not to otherwise use this Website to obtain insurance quotes, or to obtain other information relating to the price of insurance cover from us or conduct insurance-related transactions or queries.

Your promise to provide accurate information

By requesting a quote or submitting an application for insurance, you represent and warrant that: (a) all information provided by you is truthful, accurate and complete; and (b) you will comply with these Terms and Conditions of Use. You acknowledge and agree that quotes are intended as an estimate only and are not guaranteed to be accurate. Your actual policy terms, including your premiums and coverage details may be different from the quote you receive, and, in some cases, your application may be reviewed, and additional information may be requested. You may not be approved immediately depending on the information you provide in your application, and it is possible you might not be approved for any coverage.

You indemnify us for harm to us if you violate the Terms and Conditions

You agree to indemnify us, our directors, officers, employees, and contractors in respect of any liability incurred by us for any loss, cost, damage or expense (including legal expenses on a full indemnity basis), howsoever caused, suffered by us as a result of your breach of these Terms and Conditions of Use, reliance on any information you have provided to us through the Website, or your fraud negligence and wilful misconduct.

Prohibited uses of this Website

In using this Website you agree that you will not, either directly, or indirectly through another party, use any robot, spider, screen scraper, data aggregation tool or other device or process to process, monitor, copy or extract any web pages on this Website, or any of the information, content or data contained within or accessible through this Website, without our prior written permission. Further you agree not to use any process to aggregate or combine information, content or data contained within or accessible through this Website with information, content, or data accessible via or sourced from any third party. In addition, you agree not to use any information on or accessed through the Website for any commercial purpose or otherwise (either directly or indirectly) for profit or gain. You also agree not to reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with this Website, or copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from the Website without our prior written permission.

We are not responsible for damages

To the maximum extent permitted by law, we disclaim liability for any damages, including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with (1) use of this Website, or the inability to use this Website by any party; or (2) any failure or performance, error, omission, interruption, defect, delay in operation or transmission (including as a result of any scheduled downtime for maintenance and upgrades, or issues with third party service providers); or (3) line or system failure or the introduction of a computer virus, or other technical sabotage; or (4) any cause or event beyond our reasonable control, even if we or our employees or representatives are advised of the possibility or likelihood of such damages, losses or expenses. To the extent permitted by law, any liability under any condition or warranty that cannot be excluded is limited, at our option, to the re-supply of the relevant services or payment for that re-supply.

Intellectual property

All trade names, brand names, trade symbols, logos, slogans, trademarks or services marks are trademarks or proprietary interests of us. There are other trade names, brand names, trade symbols, logos, slogans, trademarks, service marks, brand names, company names, logos, slogans, trademarks or service marks indicated on the Website that are the property of their respective owners. All rights are reserved. Nothing displayed on this Website should be interpreted as granting you any right to use or distribute any copyright, names, logos, trademarks or service marks.

No responsibility for other sites we may link to

This Website may contain a number of links to other Internet sites which are operated by third parties. The provision of the link does not mean that we endorse or accept any responsibility for the content, use, or products and services made available through the associated Websites. By utilising these links, you acknowledge and agree that we are not responsible for the actions, content, accuracy, privacy policies, opinions expressed, services provided, goods sold, or other links provided by these sites. You further acknowledge and agree that we are not responsible either directly or indirectly for any damage or loss caused by use of or reliance on linked sites. Should you have any questions regarding these sites, you should address them directly with the relevant site administrator.

No waiver

If we do not exercise or enforce any right available to us under these Terms and Conditions of Use or otherwise arising at law or in equity, any such non-exercise or non-enforcement will not constitute a waiver of those rights. If any part of these Terms and Conditions of Use are held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable, such determination will not impair the enforceability of the remaining parts of these Terms and Conditions of Use.

Laws governing this Agreement

This Agreement is governed by the laws of the Province of Ontario and the laws of Canada applicable therein. To the extent permitted by law, we accept no responsibility for the compliance of this Website or the information contained in it with the laws of any country other than Canada. Any dispute arising in connection with these Terms and Conditions of Use or in connection with your use of this Website which cannot be resolved by good faith negotiations between us, you and your insurer shall be referred to mediation or to arbitration. However, we reserve, at our absolute discretion, our right to instigate legal proceeding prior to negotiation, arbitration or mediation against any individual, organisation or entity, who in our opinion has acted in breach of these Terms and Conditions of Use.

Agreement in English

This Agreement was written in English. Except in Quebec, to the extent any translated version of this Agreement conflicts with the English version, the English version governs. The parties expressly wish that this Agreement, and any related documents be drafted in the English language. C'est la volonté expresse des parties que les conditions, et tous les documents qui s'y rattachent soient rédigés en anglais.