1. These terms (the "Terms") are a legal agreement between you, the policyholder, or a person or legal entity acting on behalf of the policyholder ("you" or "your"), and the following TD Insurance Companies in Canada: Security National Insurance Company, Primmum insurance Company, TD Home and Auto Insurance Company and TD General Company ("TD Insurance", "we" or "us") for your use of The Photo Based Estimate Web Portal (the "Portal") hosted by our authorized Vendor, Mitchell International, Inc..
By using the Portal, you are taken to have read and agreed to the Terms. In addition, your use of this Portal is subject to the Vendor's terms and Conditions that can be accessed atwww.mitchell.com
2. The Portal is a tool/service which enables you to upload photos of the damages to the customer's vehicle. Once uploaded, the pictures are made available to an appraiser for performing an appraisal of said damages as part of the insurance claim settlement (referred to as a "Photo based Estimate ").
3. You will not share the link or allow anyone else to use the link provided to you to access portal.
4. Depending on your mobile device personal preferences, digital photos may capture Metadata which will be collected and may be used by us along with the photo or photos for fraud detection purposes. This Metadata may include but is not limited to some or all the following information:
5. If at any time you do not agree to these Terms, you must cease using the Portal.
6. You could also choose at any time to cease using the Portal and instead, have a regular appraisal performed by contacting an appraiser to book a visit.
7. Photos provided through the Portal must not include any personal identifiable or sensitive information other than the information requested by us.
8. You acknowledge that all photos submitted, accurately reflect the damages to the customer's vehicle and any submission of doctored, altered, fake or misleading photos of the damages would be considered insurance fraud.
9. We reserve the right, at our sole discretion, to request a full appraisal in addition to the Photo based Estimate.
10. From time to time, TD Insurance may establish or modify certain eligibility requirements for Photo based Estimates through the Portal. For example, only certain types of vehicle damages or certain types of claims are eligible for Photo Based Estimates and only certain mobile devices and their respective operating systems support the Portal.
11. To be eligible to use the Portal the vehicle must be drivable and in your possession.
12. Once the photos are successfully sent through the Portal, an email confirmation will be sent to the Mitchell portal. Additional pictures may also be requested by email sent to the Mitchell portal if the pictures provided are inadequate or insufficient to perform the appraisal.
13. You are solely responsible for: (i) acquiring any hardware, device, wireless or Internet access required for you to use the Portal; and (ii) any fees or other charges imposed by your mobile device provider, wireless service carrier or Internet service provider. It is your responsibility to determine if your mobile device provider, wireless service carrier or Internet service provider supports the Portal and if your mobile device can access the Internet.
14. You are granted a limited, revocable, royalty-free, non-transferable, non-exclusive license to use the Portal on a mobile device that you own or control. TD Insurance can terminate this license at any time and with or without any reason. The Portal is licensed, not sold, to you. You must not rent, lease, lend, sell, redistribute or sublicense the Portal. You agree that TD Insurance and its licensors retain all right, title and interest in and to the Portal, including copies and portions of it. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of, the Portal or any part of it. You may not use the Portal for any purpose that is illegal, fraudulent or infringes on another person's rights. You agree to comply with any other requirements, restrictions or limitations provided by TD Insurance upon notice to you. You further agree to comply with any requirements, restrictions or limitations provided by a third party (including the Portal provider, Mitchell) relating to your use of the Portal.
15. To enable us to provide you with this service, you grant to us a royalty-free, irrevocable, perpetual, world-wide, non-exclusive license (including the right to sub-license) to use, copy, publish, modify, disclose and communicate by electronic means Photos you provide to us. You also agree to waive any moral rights you may have in Photos in favor of TD Insurance.
16. YOU AGREE THAT YOUR USE OF OR INABILITY TO USE THE PORTAL IS AT YOUR SOLE RISK. THE PORTAL IS PROVIDED "AS IS"AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT INCLUDING WARRANTIES RELATED TO THE AVAILABILITY OF THE PORTAL APP (INCLUDING NOTIFICATIONS) AND THE ACCURACY OF INFORMATION PROVIDED BY THE PORTAL.
17. YOU AGREE THAT TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL TD INSURANCE AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND SUBCONTRACTORS BE LIABLE FOR ANY DAMAGES (INCLUDING INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUE, OPPORTUNITY, LOSS OF DATA OR BUSINESS INTERRUPTION), ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PORTAL.
18. We may suspend, cancel or block your access to or use of the Portal at any time and for any reason, without notice or liability to you.
