You may choose to communicate with Zurich through text message, also called short message service(“SMS”), from your Mobile Device. Please note that these communications will be one-way, with Zurich sending information to you. You are not required to use SMS to purchase or maintain a policy with Zurich and you may unsubscribe from SMS communications with Zurich at any time by texting “STOP” to us.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
By agreeing to communicate with us via SMS, you agree to the following terms and conditions.
“Zurich”, “we”, “us”, “our” and “ours” means Zurich Insurance Company Ltd (Canadian Branch).
“Mobile Device" means your electronic personal device, including your telephone, through which you receive SMS communications from Zurich.
“You”, “your”, “yours” means the person who accepted to communicate with Zurich via SMS.
Nature of Communications
You will receive only SMS communications from Zurich regarding updates or actions relating to your claim under a Zurich insurance policy. These communications refer to updates or actions relating to your claims process including, but not limited to, your time availability for a phone call with us, your deductible status and amount, the repair status of your property, repair shop contact details and appraisal appointment, rental location contact details, and/or final rental date or extension thereof (in case of an auto claim).
We take your privacy seriously. We do not intend to use our SMS communications to discuss sensitive personal information. Sensitive personal information is defined as personal information that if disclosed to the public could result in serious harm to you. Serious harm includes bodily harm, humiliation, damage to reputation or relationships, loss of employment, business or professional opportunities, financial loss, identity theft, negative effects on your credit record and damage to or loss of property.
The following is a non-exhaustive list of examples of sensitive personal information: your bank account number or other financial information, social insurance number, drivers’ licence information, passport number, credit card number, and/or personal health information. DO NOT SEND THIS INFORMATION TO US VIA SMS. If you need to discuss any matters involving sensitive personal information, you must call us at our call centre at 1-855-998-7424 (855 9 ZURICH).
Please note that Zurich will never ask for any sensitive personal information from you via SMS.
Zurich's adjusters and Zurich's automated telephone systems will send SMS communications to your Mobile Device telephone number.. Please note that you will not be sending SMS communications to Zurich.
Disclaimer
You permit Zurich to communicate with you via SMS for your convenience. By opting in to receive SMS communications from Zurich, you acknowledge and accept any associated risks.
You may at any time stop communications via SMS by texting STOP to us and use our other communication channels to contact us (for example: by telephoning our call centre or posting a letter).
Timely receipt of Zurich’s SMS communications is not guaranteed. Zurich’s SMS communications are subject to errors, time lags, delays, and not being delivered. Our SMS communications with you are provided on “as is” and “as available” basis, without any warranty of any kind and with all defects inherent to them.
While Zurich employs reasonable measures to ensure that Zurich’s computer systems are protected against unauthorized access and disclosure of confidential information, Zurich does not guarantee the security, confidentiality, privacy and reliability of SMS communications that you and Zurich send and receive from each other. SMS communications are dependent on the network and systems of third parties such as your telecommunications service provider. You agree that Zurich is not responsible for the security, confidentiality, privacy, and reliability of communications sent through such third-party systems.
Lost Mobile Device and Change of Number
If you lose your Mobile Device or if you change your Mobile Device’s telephone number, you must immediately contact us so that we are able to take measures to stop sending SMS to the lost Mobile Device or the old telephone number. Until you let us know that you lost your Mobile Device or that you changed your telephone number, you are responsible for all SMS communications originating from that Mobile Device or telephone number. We will have no liability for sending SMS communications from your lost Mobile Device or your old telephone number before you notify us of the loss of your Mobile Device or change of number.
SMS Charges
Zurich does not charge you to communicate via SMS. However, your telecommunications services provider may charge you data or text message rates for receiving SMS. You are responsible for paying these charges, if applicable, to your telecommunication services provider.
Stopping SMS Communications
You or Zurich may at any time stop communicating through SMS. To stop communicating with us via SMS, simply text STOP to us and we will stop communicating with you via SMS.
Other Means of Communication
In addition to using SMS to communicate with us, you may also contact Zurich by:
- Telephoning our call centre at: 1-855-998-7424 (855 9ZURICH ) or
- Mailing us a letter at: First Canadian Place, 100 King Street West, Suite 5500, P.O. Box 290, Toronto, Ontario M5X 1C9.
Changes to Terms and Conditions
Zurich may revise, modify, or amend these terms and conditions at any time. Any such revision, modification, or amendment will take effect when it is posted to Zurich’s website. You agree to review these terms and conditions periodically to ensure that you are aware of any changes. Your continued communication with us via SMS will indicate your acceptance of the changes.
Privacy Policy
In our SMS communications with you, we will abide by our privacy policy. You may review our privacy policy at: https://www.zurichcanada.com/about-zurich/privacy-statement
Limitation and Exclusion of Liability
In no event will we be liable for any indirect, special, exemplary, incidental, consequential, or punitive damages arising from or in connection with our SMS communications with you, including, but not limited to, any loss of profits or loss of business opportunity, whether or not we have been advised of the possibility or likelihood of such damages occurring.
The foregoing limitation and exclusions of liability apply to all claims irrespective of whether such claims are based on contract, tort (including negligence and strict liability), equity, unjust enrichment, or any other legal theory.
Jurisdiction and Compliance with Laws
These terms and conditions are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without resort to conflict of law provisions. Any legal action or proceeding relating to our SMS communications with you or these terms and conditions will be instituted only in a court located in Toronto, Ontario. You and Zurich agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Severability
If any provision in these terms and conditions is deemed unlawful, void or for any reason, unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.
Waiver
Any failure by Zurich in exercising any right, power or privilege under these terms and conditions will not constitute a waiver of, nor will any single or partial exercise preclude any further exercise of, any such right, power or privilege. No single or partial exercise of any right or remedy provided to Zurich under these terms and conditions or by law will preclude or restrict the further exercise of that or any other right or remedy.
Entire Agreement
These terms and conditions constitute the entire agreement between you and Zurich with respect to SMS messages between you and Zurich and supersede any other representations and communications, whether written or oral.