Terms of Service

1. Acceptance of Terms

These Terms of Service form a legally binding agreement between you and Zyf Insurance Management Canada Inc., operating under the brand name KMG Assist. By accessing or using the website located at https://www.kmgassist.autos, or by engaging with any of the services described on that website, you agree to be bound by these Terms of Service and by our Privacy Policy, which is incorporated into these terms by reference.

Please read these terms carefully before using our website or services. If you do not agree with any part of these terms, you must not access the website or use our services. Your continued use of the website after any changes to these terms have been posted constitutes your acceptance of the revised terms.

These terms apply to all visitors, users, clients, and others who access or use the website or services. If you are using the website or services on behalf of an organization, you represent that you have authority to bind that organization to these terms, and the terms your, you, and yours will refer to that organization.

2. Definitions

For the purposes of these Terms of Service, the following definitions apply. The terms we, us, our, and the Company refer to Zyf Insurance Management Canada Inc., including its brand KMG Assist. The terms you and your refer to the individual or entity accessing or using the website or services.

The term website refers to the internet site located at https://www.kmgassist.autos and all pages, content, and functionality made available through that domain. The term services refers to the insurance management, insurance placement, computer integrated systems design, policy administration, claims support, and related services described on the website and provided by the Company from time to time.

The term content refers to all text, graphics, images, software, code, data, and other materials made available on the website or through the services. The term personal information has the meaning given to it in our Privacy Policy and in applicable privacy legislation.

3. About the Company

The Company is Zyf Insurance Management Canada Inc., a business operating within the computer systems design and related services industry, as well as the broader professional, scientific, and technical services sector. Our registered address is 122 Yorkminster Road, Toronto - M2P 1M6, Canada (CA). We operate under the public brand name KMG Assist, and our website and platform were developed by ZYF Assist.

Our work combines the design of computer integrated systems with the management and placement of insurance coverage. This means we may both build the tools that manage insurance workflows and provide the hands-on services of placing policies, administering renewals, and supporting claims on behalf of our clients.

Nothing in these Terms of Service creates an insurance agency or brokerage relationship beyond what is established through a separate written agreement. The website provides information about our services, and any engagement for the provision of services is governed by the specific agreement we enter into with you for that engagement.

4. Description of Services

KMG Assist offers a range of services related to insurance management and computer systems design. These services include, but are not limited to, the initial review of insurance needs, the design of coverage plans, the placement of policies with insurers, underwriting support, ongoing policy administration, and claims advocacy and coordination.

We also provide computer integrated systems design services, which involve the analysis, design, configuration, and maintenance of systems used to manage quoting, policy administration, renewals, and claims tracking. These systems may be built or configured for individual clients based on their specific operational requirements.

The website is provided for informational and communication purposes. The descriptions of services on the website are illustrative and do not constitute a binding offer. The precise scope, terms, and fees for any service will be set out in a separate written agreement between you and the Company before that service is delivered.

5. Eligibility

You must be at least eighteen years of age, or the age of majority in your jurisdiction, to use this website and to engage our services. By using the website, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into these Terms of Service.

If you are using the website on behalf of a business or organization, you represent and warrant that you are authorized to act on behalf of that business or organization and to bind it to these terms. You also represent that any information you provide to us is accurate, current, and complete, and that you will keep it updated as necessary.

We reserve the right to refuse service to any person or entity at any time, for any reason, to the extent permitted by applicable law. We may also restrict access to certain parts of the website or services without prior notice where we deem it appropriate.

6. User Conduct

When using our website and services, you agree to conduct yourself in a lawful and respectful manner. You agree not to use the website or services for any unlawful purpose or in any way that could damage, disable, overburden, or impair the website or interfere with the use of the website by others.

Specifically, you agree not to attempt to gain unauthorized access to any portion of the website, to any systems or networks connected to the website, or to any information stored on those systems. You also agree not to introduce any malicious software, code, or automated tools designed to disrupt, harm, or extract data from the website.

• Do not misrepresent your identity or your affiliation with any person or organization.
• Do not submit false, misleading, or fraudulent information through our forms or communications.
• Do not use automated means such as bots or scrapers to collect data from the website.
• Do not reverse engineer, decompile, or attempt to extract the source code of any software provided through the website.
• Do not use the website to transmit spam, viruses, or other harmful content.

7. Intellectual Property

All content on the website, including text, graphics, logos, icons, images, software, and the design and arrangement of the website, is the property of the Company or its licensors and is protected by applicable intellectual property laws, including copyright and trademark laws.

The KMG Assist name, the wordmark, the umbrella mark, and related branding are trademarks of the Company. You may not use these trademarks without our prior written consent. Nothing in these terms grants you any right, title, or interest in or to any intellectual property owned by the Company.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and view the website and its content for your personal and non-commercial use only. This license does not permit you to reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from the website without our prior written consent.

8. User Content

Certain parts of the website may allow you to submit information, such as through our contact forms. Any information you submit in this manner is referred to in these terms as user content. You retain ownership of any user content you submit, but you grant us a non-exclusive, royalty-free license to use that content for the purpose of responding to you and providing our services.

You represent and warrant that any user content you submit is accurate, that you have the right to submit it, and that it does not infringe the rights of any third party or violate any applicable law. You are solely responsible for the content you submit, and for the consequences of submitting it.

We do not claim ownership of your user content, and we will handle personal information you submit in accordance with our Privacy Policy. We reserve the right to remove any user content at our discretion, although we have no obligation to monitor user content submitted through the website.

9. Third Party Services

The website may contain links to third party websites, services, or resources that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services.

You acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any third party website, service, or resource. We encourage you to review the terms and privacy policies of any third party sites you visit.

In the course of providing our services, we may engage third party providers such as insurance carriers, underwriters, and technology vendors. Where we do so, those third parties operate under their own terms, and our liability for their actions is limited as described in these terms.

10. Disclaimers

The website and its content are provided on an as is and as available basis, without warranties of any kind, whether express or implied. To the fullest extent permitted by law, the Company disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the website will be uninterrupted, secure, or error-free, or that any defects will be corrected. We do not warrant that the content on the website is accurate, complete, or current at all times, although we make reasonable efforts to keep it up to date.

Information on the website is provided for general informational purposes only and is not intended to constitute legal, financial, insurance, or professional advice. You should not rely on website content as a substitute for advice tailored to your specific circumstances, and any decisions you make based on such content are made at your own risk.

11. Limitation of Liability

To the fullest extent permitted by applicable law, the Company, its officers, directors, employees, agents, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, arising out of or related to your use of the website or services.

This limitation applies regardless of the theory of liability, whether based on contract, tort, negligence, strict liability, or otherwise, and even if the Company has been advised of the possibility of such damages. The Company total aggregate liability to you for any claim arising out of these terms, the website, or the services will not exceed the greater of one hundred Canadian dollars or the amount you paid to the Company, if any, in the twelve months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the limitations above may not apply to you. In such jurisdictions, the liability of the Company will be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or related to your use of the website or services, your violation of these terms, or your violation of any rights of a third party.

This indemnification obligation will survive the termination of these terms and your use of the website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of that matter.

13. Termination

These Terms of Service remain in effect until terminated by either you or the Company. You may terminate these terms at any time by ceasing to use the website and services. The Company may terminate or suspend your access to the website and services at any time, with or without notice, for any reason, including a breach of these terms.

Upon termination, your right to access and use the website will immediately cease. Any provisions of these terms that by their nature should survive termination, including the provisions on intellectual property, disclaimers, limitation of liability, indemnification, and governing law, will survive termination.

14. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Ontario, Canada for the resolution of any dispute arising out of or related to these terms.

If any dispute arises between you and the Company, we encourage you to first contact us directly so that we can attempt to resolve the matter informally. Any claim or cause of action arising out of or related to these terms or the website must be filed within one year after the claim or cause of action arises, or it will be permanently barred.

15. Changes to These Terms

We may revise these Terms of Service from time to time in our sole discretion. When we make changes, we will update the effective date at the top of this page. For material changes, we may provide additional notice through the website or by other means where appropriate.

Your continued use of the website or services after any revised terms have been posted constitutes your acceptance of the changes. If you do not agree with the revised terms, you must stop using the website and services. We recommend that you review these terms periodically to stay informed of any updates.

16. Severability and Waiver

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

The failure of the Company to enforce any right or provision of these terms will not constitute a waiver of that right or provision. A waiver of any provision will be effective only if it is made in writing and signed by an authorized representative of the Company.

These Terms of Service, together with our Privacy Policy and any separate written agreement you enter into with the Company, constitute the entire agreement between you and the Company regarding the use of the website and services, and supersede all prior agreements and understandings on that subject.

17. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us using the details below. We are committed to responding to inquiries promptly and resolving any issues fairly.

Company: Zyf Insurance Management Canada Inc.
Address: 122 Yorkminster Road, Toronto - M2P 1M6, Canada (CA)
Email: office@kmgassist.autos
Phone: +19868956597
Website: https://www.kmgassist.autos

By using our website and services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.