TERMS OF USE ("TOU")
These Terms and Conditions shall apply to and govern the relationship between Holdcover Insurance Brokers Limited (“HIB”), whose business address in Hong Kong is Room H, 20/F, Kings Wing Plaza 1, Shek Mun, Shatin, New Territories, and you.
This agreement covers the scope of our relationship for your access and use of our services, including APIs, email notifications, applications, buttons and widgets (the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as the “Content”).
HIB operates as an independent insurance broker who you appoint to act on your behalf to negotiate contracts of insurance in line with their regulatory approval and all applicable laws. These Terms and Conditions take effect either: 1) Upon you use and access to this website www.holdcover.com; 2) You provide consent to us via email or other electronic mechanism; 3) Upon payment of premium.
For the avoidance of doubt and without prejudice to the aforesaid, where applicable, these Terms and Conditions apply to the relationship between Holdcover Insurance Brokers Limited (HIB) and you. When you seek advice or any form of service, or execution of any instruction on your part, you appoint HIB, which is a registered insurance broker company with the Insurance Authority of Hong Kong, for the same purposes on a nondiscretionary basis. HIB is authorised to transact General and Life (excluding Linked Long Term) Insurance business under registration number FB1854. These Terms and Conditions shall be contractually binding on both parties.
As Our Commitment to You, we will
• Act honestly and fairly at all times
• Give you clear documents and information
• Give you sufficient information to enable you to make an informed decision about the purchase of insurance
• Not mislead you in anyway
Confirmation of Insurance
Submission of your information does not constitute an acceptance of your request or confirmation of an offer. We will communicate when your offer to purchase a product enters our records, and whether your request is accepted or rejected. Notification of confirmation of any insurance policy may be issued electronically or on paper.
The information on products and services offered on this website are not comprehensive descriptions of the final terms and conditions or precise cover provided by those products and services. The relevant terms and conditions for each individual product you wish to purchase will be provided either physically or electronically. The particular terms and conditions of any product on offer shall prevail over contradictions with the 'Terms and Use' agreement of this website in regards to the policies and insurance of that product.
Before cover can be processed or confirmed, it is necessary for you to fully and faithfully inform us of everything you know, or could reasonably be expected to know that will be relevant while requesting an insurance policy.
Purchase and Payment
When you request for a quote on this website it will be provided to you electronically at no financial cost, and we reserve the rights to impose a service fee for related policy administration including but not limited to a minimum HK$500 service charge for subsequent policy administration service. If you choose to accept the quote and the relevant terms and conditions, and complete every required field in regards to your details, you are permitted to request your desired product. Based on the information provided by you, your request will then be accepted or rejected. Should the application be accepted and successful, a binding insurance agreement will be created for you.
The due date for all purchases must be met before transactions can be confirmed. Only credit cards accepted by the website will be permitted for use in online transactions and the following details will be required: Credit card type, full name on credit card, credit card number & expiry date.
It is your responsibility to ensure all details and information provided to this website in relation to payment are accurate and contain the sufficient funds to clear the cost of the purchased product or service. A binding insurance will only be presented after a successful charge against the credit card used in the transaction and the reception of payment by HIB.
Online Transactions
This website allows you to make online purchases. No online transaction is final until you are sent an electronic confirmation of your process. A communication of your acceptance of an offer and your confirmation of payment is required to finalise the process before you are notified of the confirmation.
We are not responsible for loss of communication as a result of mechanical, software, computer, telecommunications or electronic failures. Should your confirmation of payment not reach you as a result of these failures, HIB is not liable to you in any way for loss or damage caused. It is your responsibility for making all arrangements necessary for you to have access to our Services and to inform us if you cancel or change your email address and to ensure it remains capable of receiving new emails and notifications. HIB will not be liable if the email address you have provided is inactive or is part of an expired account.
We may retain the credit card details you provide only for as long as it is necessary to facilitate transactions. We hold the right to refuse to process transactions at any time and for any reason to the extent permitted by law, and will not be held liable for damage or loss caused as a result.
Termination
In the event of our services being terminated by you during any cooling off period, or prior to expiry or renewal, then we will be entitled to retain any and all fees or commission in relation to the policies negotiated and arranged by us.
Return of Premiums
In the vast majority of cases General Insurance policies are annual contracts and once you have entered into such a contract you are committed to it. This means that if you cancel at any time (other than in the cooling off period, where applicable) you have no legal right to a return of premium except as maybe mentioned in the policy document. Some insurers give proportionate refunds and we will continue to work on your behalf to secure a refund if it is possible.
Disclosure of Insurance Referral
As you may be referred by our MGM member (the “referrer”) to our Company or website for insurance arrangement, according to Insurance Authority Code of Conduct for Licensed Insurance Brokers, Section 5.5 (a)(i)-(iv), it states that: we are obliged to inform our client:
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the broker will be responsible for arranging the insurance policy and, for this purpose, the client should only deal directly with the broker (i.e. the client should not deal with the referrer for arranging the insurance policy);
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the referrer does not represent the broker and should have no involvement in the arrangement of the insurance policy;
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if the referrer assist client to fill in application information, it means the client authorise the referrer to access the policy documents;
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the broker disclaims all liability for any advice in relation to the insurance policy given to the client by the referrer; and
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premium for the insurance policy should be paid directly either to the broker or the insurer concerned (and not to the referrer).
Broker Remuneration & Advertising Fees
Holdcover Insurance Brokers Limited & Holdcover Marketing Technology Limited (‘the Related Companies’) &/or Referrer of the business is remunerated for its services by the receipt of commission &/or advertising fee paid by insurers. Your agreement to proceed with any insurance transaction shall constitute your consent to the receipt of remuneration by the Related Companies.
Claims Procedure
In the event of a claim you should initially contact us or your insurer direct. The claims process and appropriate literature will be made available to you for onward processing. Please note that any incomplete claim form, or missing supporting documentation, will delay the processing and payment of your claim.
Personal Information Collection Statement ("PICS")
From time to time it is necessary for the Company to collect your personal data, which may be used, stored, processed, transferred, disclosed or shared within our Company. We recognize our responsibilities in relation to the aforementioned under the Personal Data (Privacy) Ordinance (Cap 486) (PDPO) and commit to sending you our PICS document separately.
We will ensure that any information obtained from you will not be used or disclosed except in the normal course of negotiating, maintaining or renewing your insurance, unless we have your consent or where we are legally obliged to disclose your information. Any personal information gathered will be treated as private and confidential and only used for the purposes of negotiating and arranging your insurance.
These 'Terms of Use' shall be governed and construed in accordance with the laws of Hong Kong SAR of the People's Republic of China (Hong Kong).