TERMS AND CONDITIONS FOR USE OF THE CACTUS COVER INTERNET SITE
Cactus Cover is a trading name of Anglo Pacific Consultants (London) Ltd which
is authorised and regulated by the Financial Services Authority (FSA)
www.fsa.gov.uk
You should read these Website Terms and Conditions carefully as they form part
of the Contract formed between you and Anglo Pacific Consultants (London)
Limited, (“APC”, or “our” or “us” or “we”).
Your access to and use of this Cactus Cover website is governed by the
provisions of these Website Terms and Conditions.
By using this web site, you agree to these Conditions of use and you agree to
the use of your personal data in accordance with the terms of the Privacy
Policy.
You should check these Website Terms and Conditions every time you access
Cactus Cover since you will be bound by whatever version appears on the site at
the time of your access, although we shall use reasonable endeavours to notify
you of any material changes to them.
Any insurance business effected through Cactus Cover will be subject to the
relevant certificate terms and conditions. It is your responsibility to
carefully check the relevant certificate conditions.
JURISDICTION
We control and operate the Internet site from England and the information
delivered via our Internet site is deemed, to have been, delivered in England.
APC makes no representation that the material contained in the internet site is
appropriate or available for use in other locations and is not soliciting any
business from any location outside the United Kingdom.
Our Internet 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 Internet site. If you choose to access this site from outside the
United Kingdom you are solely responsible for compliance in any legal
proceedings.
English law governs the Cactus Cover Internet site and any transactions
effected through it. 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All products are subject to availability and may be withdrawn or amended at any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.
COMPLAINTS
If you have any reason to complain about any of our products or services, let
us know by either calling our offices on 020-8597-5656 or writing to The
Operations Director, Anglo Pacific Consultants (London) Ltd, Offices 4-7
Granary Court 9-19 High Rd, Chadwell Heath, Essex, RM6 6PY.
We will explain our complaints procedure in detail to you and investigate your
complaint straight away.
USE OF CACTUS COVER
To obtain a quotation you must enter a valid email address and telephone number
(“Your Login”). You must use all reasonable endeavours to prevent unauthorised
or fraudulent use of Your Login on the Cactus Cover website.
If you suspect Your Login is being misused by another person on the Cactus
Cover website then you must notify us immediately you know by telephoning us on
020-8597-5656.
We will be entitled to assume that all details given to us will be input by you
and transactions are (“Authorised Transactions”). Authorised Transactions are
in fact authorised and conducted by you or on behalf of you and we will act
upon these without further investigation. We will not be obliged to adjust or
reverse any instructions or transactions arising from an Authorised Transaction
and we will not be liable to you for acting on or processing such transactions
or communications, or otherwise acting on Authorised Transactions. You will
indemnify us for any loss we suffer as a result of misuse of Your Login, 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 Cactus Cover website 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 Cactus Cover upon giving you seven days written notice, if practicable,
or immediately if we feel that Cactus Cover has been, is being, or is about to
be, misused in breach of these Website Terms and Conditions.
PRIVACY POLICY AND DATA PROTECTION
During the course of your use of Cactus Cover you will provide to us personal
data (as defined by the Data Protection Act 1998). We and the 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 may ask us to remove or alter the personal data that is held by us
in the event of inaccuracies but this may also affect the personal data. We
will use this data to process that application for insurance, to 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 reinsures 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.
This site uses cookies as a way of facilitating your use of Cactus Cover and
you consent to our collection of such data in connection with your use of
Cactus Cover.
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, including to pass
the personal data outside the EEA.
The data controller will be Anglo Pacific Consultants (London) Limited, whose
address is:
Offices 4-7 Granary Court
9-19 High Road
Chadwell Heath
Essex
RM6 6PY
AVAILABILITY AND ACCURACY
We will try to keep the information on Cactus Cover as accurate and up-to-date
as possible but we do not make any guarantees regarding the accuracy of any
information contained on the site, or in respect of the availability of the
site. You are responsible for checking that any information contained on Cactus
Cover is correct. You will inform us promptly if you become aware of any
inaccuracies or incompleteness in the information contained on Cactus Cover.
No warranty is given as to the freedom of our website from e-mails, defects,
viruses, malicious programs or macros.
Notwithstanding the generality of the foregoing, you should carefully review
the contents of any certificate, attached schedule, endorsements and proposal
form originated via Cactus Cover. If any information set out therein is
incorrect, you must notify us immediately. Failure to do so may invalidate all
or part of the insurance cover provided.
If you are in any doubt as to whether certain facts are relevant or not, please
call our Customer Service Team on 020-8597 5656.
INTELLECTUAL PROPERTY RIGHTS
All material contained on Cactus Cover is proprietary to Anglo Pacific
Consultants (London) Limited, or its third party licensors. All intellectual
property rights in Cactus Cover are reserved to Anglo Pacific Consultants
(London) Limited or its third party licensors.
You may not;
1. Copy, tamper or alter, distribute or use any material or design contained
within Cactus Cover except as is expressly permitted by these Website Terms and
Conditions or without our prior written consent.
2 .Re-use any content of Cactus Cover for any other purpose whatsoever.
Any data generated by Cactus Cover including any data relating to assureds and
the certificates of insurance effected via Cactus Cover shall belong to us.
Anglo Pacific Consultants (London) Limited is registered in England and Wales.
Registered office at 55 Baker Street, London W1U 7EU, Registered
number 2852425.
LINKS TO OTHER WEBSITES
We do not accept any responsibility for the contacts of any third party website
that may be linked to Cactus Cover by way of hypertext link or other means of
reference. You may not link Cactus Cover to another site without our prior
written consent. If you would like to create such a link, please contact the
Operations Director on 020-8597-5656.
SECURITY
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 Cactus Cover website or any other
site owned by APC we cannot accept any liability for the security or
transmission of such e-mail or internet-based communications.
COOLING OFF PERIOD
If you decide to purchase a policy from APC you have
the right to change your mind whereby all cover can be cancelled, providing a
claim has not been made against the policy and written confirmation (by post,
fax or email) is received within 14 days from the date the insurance is
concluded. If you are able to and do cancel within such 14 day period we will
refund any premiums paid however, we will retain our Policy Administration Fee.