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TERMS AND CONDITIONS FOR USE OF THE QUOTEMAC INTERNET SITE
GENERAL
“QuoteMac” is a trade mark and is the insurance internet trading website of
Anglo Pacific Consultants (London) Ltd which is authorised and regulated by the
Financial Services Authority (FSA) www.fsa.gov.uk
In these Terms and Conditions unless the context otherwise requires:
"APC" or “our” or "us" or "we" means Anglo Pacific Consultants (London) Limited
(a company registered in England and Wales with registered number 2852425)
whose registered office is at 55 Baker Street, London W1U 7EU
"assured" means the assured under a contract of insurance "authorised
transactions" are transactions or communications which are either in fact
conducted and authorized by you or by an authorised third party on your behalf
or which we are entitled to assume are authorised pursuant to these Terms and
Conditions "contract of insurance" means a concluded contract of insurance
obtained through your use of this Site "site" means this QuoteMac internet site
"terms and conditions" means these Terms and Conditions "you" and "your" means
the registered user of the site and where the context so requires, includes any
party on behalf of whom you use this site. Your access to and use of this site
is governed by the provisions of these terms and conditions. By using this
site, you agree to these terms and conditions including (without limitation)
those terms relating to the use of your personal data in accordance with the
terms in the section below headed "Privacy Policy". We reserve the right to
change these Terms and Conditions from time to time. You agree to be bound by
the version of these terms which appears on the site at the time of your
access.
Accordingly you should check these terms and conditions every time you access
the site.
JURISDICTION
We control and operate the site from England and the information delivered via
the site is deemed to have been delivered in England. APC makes no
representation that the material contained in the site is appropriate for use
outside the United Kingdom, and APC is not soliciting any business from any
person (whether acting as agent, broker or principal) located outside the
United Kingdom. This site is not directed to any person in any jurisdiction
where (by reason of that person’s nationality, residence or otherwise) its
publication or availability is prohibited. Persons to whom such restrictions
apply must not access this site. You shall be solely responsible for any legal
proceedings or other consequence which may arise from you choosing to access
this site from outside the United Kingdom. This site and any transactions
effected through it shall be governed by English Law. The English Courts shall
have exclusive jurisdiction in any legal proceedings.
All products are subject to availability and may be withdrawn or amended at any
time prior to conclusion of a contract of insurance.
COMPLAINTS
If you have any reason to complain about any of our products or services, let
us know straight away by contacting our Complaints Officer (see Support
“Contact us”). We will explain our complaints procedure and investigate your
complaint straight away.
USE OF QUOTEMAC
You warrant to APC that you have the assured’s full authority to use this site,
request cover for the assured and enter into a contract of insurance in the
assured’s name. You agree to indemnify and keep APC indemnified from and
against all liabilities costs claims and demands arising from or in respect of
any breach of such warranty. You have been granted a unique “Username” and
“Password”. You must keep the Username and Password secret. You must use all
reasonable endeavours to prevent unauthorised or fraudulent use of the Username
and Password. You must tell us as soon as possible by contacting us (see
Support “Contact us”) if you know or suspect that an unauthorised person is
aware of the Username or Password. Until you contact us accordingly, we will be
entitled to assume that all transactions effected via your Username and
Password are authorised transactions and we shall be entitled to act upon these
without further investigation. We will not be liable to you for acting on or
processing such transactions or communications, or otherwise treating such
transactions or communications as authorised transactions. You will indemnify
us for any loss we suffer as a result of misuse of your Username and Password,
where such misuse results from your failure to use reasonable endeavours to
prevent unauthorised or fraudulent use. You will not post any material to the
QuoteMac site which is obscene, defamatory, threatening, or otherwise
actionable at law or which would constitute a criminal offence. You will
indemnify us against any loss we may suffer by reason of any breach by you of
this obligation. We may terminate your use of QuoteMac immediately if we feel
that QuoteMac has been, is being, or is about to be, misused in breach of these
Terms and Conditions.
PRIVACY POLICY AND DATA PROTECTION
During the course of your use of this site you will provide to us personal data
(as defined by the Data Protection Act 1998). We and other members of our
corporate group (including but not limited to APC) may use such personal data
on the basis set out below. If you choose not to pass this data to us you
acknowledge that we will be unable to consider any application for insurance
cover. You should ask us to alter the personal data that is held by us in the
event of inaccuracies, or to update your details by sending us an e-mail or a
letter (see Support “Contact us”), or you may ask us to remove such personal
data altogether, but this may affect any application for insurance cover or the
maintenance of such cover. We will use this data to process applications for
insurance and facilitate the entering into of any insurance contract, for the
performance of necessary tasks during the existence of any insurance cover, and
acts related to such insurance cover after such period has ended (including the
provision of such information to reinsurers and to third parties engaged in the
claims process, to the extent necessary to enable the processing, defence and
investigation of any claims). We may also need to pass the personal data to
other regulatory bodies. We may use the data for research and statistical
purposes.
We and our group companies may also wish to provide:
i. you with information about special features of our website or any other
service or products we think may be of interest to you;
ii. you with related information from third parties we think may be of interest
to you;
iii. your information to carefully selected third parties whose products or
services we believe may be of interest to you;
If you would rather not receive such information or do not wish us to disclose
such information to third parties, please contact us (see Support “Contact
us”).
This site uses cookies as a way of facilitating your use of QuoteMac and you
consent to our collection of such data in connection with your use of QuoteMac.
You warrant that you have all requisite consents to pass to APC this personal
data and to enable APC to process the data as set out above. Owing to the
global nature of the Internet infrastructure, the information you provide may
be transferred in transit to countries outside the European Economic Area that
do not have similar protections in place regarding your data and its use as set
out in this policy. However, we have taken the steps outlined in this privacy
policy to try to improve the security of your information. By submitting your
information you consent to these transfers and to the use of that information
as set out in this policy. The data controller will be (see Support “Contact
Us”):
AVAILABILITY AND ACCURACY
We will try to keep the information on QuoteMac as accurate and up-to-date as
possible but no warranty or representation (express or implied) is given
regarding the accuracy of any information contained on the site, and any such
warranty or representation is excluded to the fullest extent permitted by law.
While the site is scanned for viruses, the success of this is not guaranteed.
No warranty is given as to the freedom of the site from defects, viruses,
malicious programs, macros or any other material which is likely to cause harm
to your or anyone else’s computer systems, and you should carry out your own
checks. Notwithstanding the generality of the foregoing, you (as agent for the
assured) should carefully review the contents of any certificate, attached
schedule, endorsements and proposal form originated via QuoteMac. Any contract
of insurance effected through QuoteMac will be subject to the terms and
conditions shown on the relevant certificate. It is your responsibility (as
agent for the Assured) and that of the Assured to carefully check the relevant
certificate conditions. If any information set out in any of these items is
incorrect, you must notify us immediately (see Support “Contact us”). Failure
to do so may invalidate all or part of the insurance cover provided. You agree
to indemnify and keep APC indemnified from and against all liabilities costs
claims and demands arising from or in respect of your failure to check such
items or to notify us of any inaccuracies. If you are in any doubt as to
whether certain facts are relevant or not, please call us (see Support “Contact
us”). Where there is any conflict between the provisions of these terms and
conditions and those of any such items, the provisions of the relevant item
shall prevail.
We accept no liability in contract, tort or otherwise including negligence for:
i. inability to gain access to the site as a result of routine or emergency
maintenance on the system or excessive demand for the site;
ii. loss of data including both data transmitted and other data held by you;
iii. delay or failure in transmitting or receiving material.
INTELLECTUAL PROPERTY RIGHTS
All material contained on QuoteMac is proprietary to Anglo Pacific Consultants
(London) Limited, or its third party licensors. All intellectual property
rights in QuoteMac are reserved to Anglo Pacific Consultants (London) Limited
or its third party licensors. APC grants you a limited licence to access any
part of the site you are authorised to access; and print off pages from
QuoteMac insofar as is necessary to obtain quotes, effect a contract of
insurance (including printing a full copy of the relevant policy), or utilise
the other functions made available to you by QuoteMac.
You may not:
1. Copy, tamper or alter, distribute or use any material or design
contained within QuoteMac except as is expressly permitted by these Terms and
Conditions or with our prior written consent.
2. Re-use any content of QuoteMac
for any other purpose whatsoever.
Any data generated by QuoteMac, including any
data relating to assureds and the certificates of insurance effected via
QuoteMac, shall belong to us.
LINKS TO OTHER WEBSITES
We do not accept any responsibility for the contacts of any third party website that may be linked to QuoteMac by way of hypertext link or other means of reference. You may not link QuoteMac to another site without our prior written consent. If you would like to create such a link, please contact us (see Support “Contact us”).
SECURITY
APC takes security very seriously and uses a security system which we believe to be one of the strongest available to protect your communications with us. Whenever you fill in a form, such as a request for a quote, it is automatically protected using software called a Secure Socket Layer (SSL) between your computer and ours. SSL works in the following ways:
1. It prevents impersonation – you can tell that you are using a genuine SSL site by the padlock symbol at the bottom of the screen. Clicking on the padlock will reveal our Registration Certificate that is issued by a third party.
2. It encrypts data – as soon as your computer has recognised our computer they encrypt all information that is passed between them. Data encryption means that no one else can read or change your information as it travels over the Internet.
3. It prevents scrambling – SSL uses a Message Authentication Code (MAC) to prevent anyone tampering with our Internet site. Your computer will always check this code before it takes a message from us. This means that if anyone tried to interfere with a message, your computer would not recognise the code and would alert you. The Internet cannot be guaranteed as being secure and accordingly we do not offer any warranties or assurances in this respect. Similarly, whilst we may communicate with you via e-mail or via the QuoteMac site itself, we cannot accept any liability for the security or transmission of such e-mail or internet-based communications.
COOLING OFF PERIOD
You may cancel a contract of insurance effected through QuoteMac provided you have not made a claim under such contract of insurance and we receive written confirmation of cancellation (by fax or email – see Support “Contact us”) within 14 days of the issued date shown on the relevant certificate. If you are able to and do cancel within such 14 day period we will refund all your payments.
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