1. Introduction
These terms of service and use (“TOS”) govern your use of IIS.CGI.COM (the “Portal”) and
the Rapid Web, and Rapid Web Admin applications (the “Applications”), which are owned
and operated by CGI Information Systems and Management Consultants Inc. or one of its
affiliates in Canada (“CGI”).
Not all products and services are available in all provinces and territories, and
availability is based on your location .
2. Insurance Information Services (IIS)
CGI’s Insurance Information Services (IIS) delivers data on auto and property insurance
policies and claims across Canada (“Content”). It supports underwriting, claims
management, and fraud detection through centralized, high-quality risk data. IIS also
includes analytics capabilities that help insurers extract insights, improve
decision-making, and respond to evolving market demands.
The Applications provide authorized users with the capabilities required to support
their day-to-day tasks related to policy underwriting, claims management, fraud
detection and general administration.
By using the Portal or the Applications, you agree to be bound by these TOS. If you do
not agree to these TOS, you must not access or use the Portal or the Applications. You
may contact CGI’s help desk by sending an email to insurance.helpdesk@cgi.com to raise
questions, if any, related to any of the CGI’s IIS products and services.
3. License to Use
CGI grants you a non-exclusive, non-transferable, non-sublicensable, limited license to
use the Portal and/or the Applications to access the Content and functionalities. CGI
retains all rights, title and interest in the Portal and the Applications to the fullest
extent permitted by applicable laws.
4. Use Restrictions
Except as expressly provided in these TOS, any copying, reproduction, distribution,
modification, translation of or creation of derivative works of the Portal or the
Applications or the Content (in whole or in part) is strictly prohibited. However, CGI
places no restriction on your use of your personal information.
You agree to use the Portal, the Applications and Content only for lawful purposes and
as permitted under applicable laws. By using the Portal and/or the Applications, you
further agree and confirm that you will not use the Portal or Applications:
- for any illegal, inappropriate purposes;
- to cause CGI to infringe on any trademark, patent, trade secret, copyright, or other
proprietary right of any party;
- to mislead or defraud CGI or any other party; or
- to harass, harm, threaten, abuse, intimidate, deceive or cheat any person.
The Portal and the Applications, including all components such as text, graphics, code,
images and logos are the intellectual property of CGI and are protected by applicable
copyright and trademark laws. Any inappropriate use, including but not limited to,
reverse engineering, disassembly, decompilation, or otherwise attempt to gain access to
the source code of the Applications or any part thereof or any modification,
translation, adaptation, or otherwise creation of derivative works of the Applications
or any part thereof (whether or not patentable) is strictly prohibited.
CGI may suspend and/or terminate your license to use of the Portal or the Applications,
at any time and without prior written notice, if CGI believes that you have violated any
of the restrictions set out in this clause.
5. Territorial Restrictions
Unless otherwise specified, the Portal and the Applications, as well as the Content and
any services made available through the Portal and the Applications are intended for use
in Canada only and CGI explicitly prohibits the use of Portal, the Applications, Content
and/or services outside of Canada. Furthermore, you acknowledge that certain features
may not be available in some provinces/ territories.
6. Personal Information
By accessing and using the Portal and/or the Applications and the Content, you hereby
consent to the collection, use, disclosure and other processing of your personal
information in accordance with the IIS privacy policy set out in: https://www.cgi.com/en/privacy
CGI may utilize cookies and similar tracking technologies on the Portal and
Applications. By accessing or using the Portal or Applications, you acknowledge and
consent to our use of cookies as described in our cookie policy as set out in: Cookie Policy, which provides detailed information about the types of cookies we
use, and how you can manage your preferences.
You agree that:
- You may register an account on the Applications on your behalf or your company’s
behalf only and you acknowledge that you should not obtain any other person’s
personal information without required consents;
- All the information provided by you during your registration on the Applications
is true, complete, accurate and up to date and is as required by the TOS.
The Portal and the Applications may contain links to third-party websites or
applications. These links are provided for your convenience, but we do not endorse or
take responsibility for the content or functionality of third-party sites or third-party
applications.
7. Disclaimer
THE PORTAL, APPLICATIONS AND CONTENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS,
WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. CGI DISCLAIMS ALL
WARRANTIES ARISING BY CUSTOM OR TRADE USAGE WITH RESPECT TO SUCH PORTAL, APPLICATIONS OR
CONTENT SUPPLIED, AND SPECIFICALLY MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE.
WHILE CGI USES REASONABLE EFFORTS TO PRESENT ACCURATE INFORMATION TO YOU, CGI IS NOT
RESPONSIBLE FOR DATA IT OBTAINS FROM THIRD PARTIES AND CANNOT ENSURE THE RELIABILITY OR
ACCURACY OF ANY SUCH DATA.
8. Indemnification
To the fullest extent permitted by applicable laws, you agree that your use of the
Portal, the Applications and Content shall not be made the basis for any claim, suit,
demand or cause of action or other proceeding against CGI and/or its licensors.
You agree to defend and indemnify CGI from and against any and all claims, demands,
actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses
(including but not limited to reasonable attorney’s fees and costs), brought or asserted
against CGI resulting from (i) your access to, or use of, the Portal or Applications;
(ii) your breach of any laws or these TOS; (iii) your negligence or willful misconduct;
or (iv) your violation of any third party intellectual property rights. This section
will survive the termination of these TOS.
9. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT CGI WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL,
INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF CGI HAS BEEN
ADVISED OF THE POSSIBILITY THEREOF, OR YOUR INABILITY TO USE THE APPLICATIONS.
10. Changes
CGI reserves the right, in its sole discretion, to modify or update these TOS at any
time and from time to time. Your continued use of the Portal or the Applications after
any such change will be deemed to be your continued agreement to these TOS as amended.
If you do not agree to any modifications of these TOS, you must stop using the Portal or
the Applications.
11. Compliance With Applicable Laws
You will ensure that you use the Portal or Applications for lawful purposes only. You
must comply with all laws, rules and regulations that apply to your use of the Portal,
Applications, Content and/or services.
12. Governing Law and Dispute Resolution
These TOS, and any access and use of the Portal and the Applications, will be governed
by and interpreted under the laws of Ontario and Canada. In the event of any controversy
or dispute in relation to these TOS, the Privacy Policy, or the Portal or Applications,
the following procedure will apply:
-
Unless the Parties otherwise agree in writing, all such disputes shall be resolved
by arbitration in accordance with (B) below, provided that: (i) if the dispute
involves the misuse of CGI’s intellectual property rights or confidential
information, CGI may take such legal action as it deems appropriate including
interim or permanent injunctive relief, without affecting the requirement to
arbitrate the dispute; or (ii) if your claim qualifies, you may assert claims in
small claims court.
-
If a particular dispute is to be arbitrated, you and CGI, acting reasonably, shall
attempt to agree upon a single independent, qualified arbitrator to arbitrate the
matter. The seat of arbitration will be Toronto, Ontario. If within fifteen (15)
days after the receipt of written notice to arbitrate, you and CGI are unable to
agree upon a single independent, qualified arbitrator, then either you or CGI may,
upon notice to the other party, apply to the Ontario Superior Court of Justice for
the appointment of a single arbitrator; such arbitration shall be conducted in
accordance with the statutory provisions of the Ontario Arbitration Act 1991 or if
in Québec, the Civil Code of Québec and the Québec Civil Code of Procedures, as
amended or substituted from time to time. The arbitrator shall have the power to
award the costs of the arbitration, as the arbitrator deems appropriate. We will
reimburse you for filing, administration and arbitrator fees up to a maximum of $500
unless the arbitrator determines that the claims are frivolous. CGI agrees to not
seek attorney’s fees or costs in arbitration unless the arbitrator determines the
claims are frivolous. You may choose to have the arbitration conducted by telephone
or video conference.
-
Unless otherwise mutually agreed between us, the arbitration shall take place in the
city of Toronto, Ontario and shall be held in the English language.
-
If you are a resident of Québec: Unless otherwise mutually agreed between the
undersigned parties, the arbitration shall take place in the city of Montréal,
Québec and shall be held in the English or French languages.
-
The arbitrator may award any remedy for any breach of the TOS that might be awarded
by Ontario courts, except where the remedy for such breach has been expressly
limited by the Agreement and provided that the arbitrator shall have no authority to
award and excluded damages (or direct damages beyond the limitation of liability) as
described in these TOS. The arbitrator shall have no power to amend the provisions
of these TOS.
-
The decision of the arbitrator shall be final and judgment upon the decision may be
entered into any court of competent jurisdiction.
-
Notwithstanding the foregoing, if at any point, you are not satisfied with the
resolution of any dispute, if you are a resident of Ontario, you may contact
Consumer Protection Ontario at 1-800-889-9768.
13. Severability
If any provision of these TOS is, or becomes, or is determined as unenforceable, it will
be severed from these TOS and the remainder of these TOS will remain in full force and
effect.
14. Waiver
No delay or failure in exercising any right under these TOS, or any partial or single
exercise of any right, will constitute a waiver of that right or any other rights under
these TOS.
15. Language
The parties acknowledge that they have expressly requested that these TOS, the schedules
and all related documents be drawn up in the English language; les parties aux présentes
reconnaissent qu’elles ont exigé expressément que la présente convention, les annexes et
tous documents qui s’y rattachent soient rédigés en langue anglaise.