Certua Protect Limited
Introduction
1.1 These terms and conditions (Terms) apply to all insurance products and services offered by us through any websites, web applications, mobile applications or similar devices, channels, platforms, service applications or other applications operated by or on behalf of us (or a member of the Certua Group), Certua’s agents or which reference these Terms (together the Applications).
1.2 In these Terms, “we”, “us” or “our” refers to Certua Protect Limited (a company incorporated in England with company registration number 10649821) (Certua).
1.3 By accessing and using the Applications, you agree to be bound by and to act in accordance with these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you are not permitted to access and use any Applications operated by us or to purchase any insurance product or service and you should immediately stop using or accessing the Applications and the content on them.
1.4 You may request a copy of these Terms from us at any time during our contractual relationship (i.e. for the period of the provision of the services by us).
Who we are
1.5 Certua is authorised and regulated by the Financial Conduct Authority to carry out regulated activities, registered under firm reference number 826485. Certua’s registered office is at 1st Floor Healthaid House, Marlborough Hill, Harrow, Middlesex HA1 1UD, United Kingdom.
1.6 This can be confirmed at the FCA register at https://www.fca.org.uk/firms/financial-services-register or by contacting the FCA on 0800 111 6768.
Personal Information
1.7 Through your use of the Applications you agree that personal information that you provide (or that is obtained about you from third parties) may be dealt with in accordance with our Privacy Policy.
Our Services
2.1 We will make available to you insurance products from a range of insurers with whom we have distribution arrangements. We will provide you with a list of these insurers upon request by you. For some insurance products, we only offer a choice of one insurer.
2.2 We do not and will not provide any advice or recommendations in respect of any insurance product and therefore when you seek to enter into an insurance product, it is your responsibility to ensure that it is suitable for your business’s demands and needs. If you are unsure as to whether an insurance product is suitable then you should contact a financial adviser.
Payments
3.1 The premium to be paid for an insurance product may be a one-off payment or an ongoing payment.
3.2 You must pay any premiums due for your insurance product as notified to you by the specified payment date. Failure to meet a payment date could lead to the cancellation of your insurance product.
3.3 We will notify you of how payments should be made. In general, payment for an insurance product will be made via the Applications.
3.4 In certain circumstances, we may pass your card details and personal details to a relevant third party, who may take payment for the insurance product in accordance with its terms and conditions. We may charge you any handling fees that we or the relevant third party may incur in respect of your application. We will always inform you of any such charges before they are incurred.
3.5 Please note that Certua acts as an agent on behalf of the relevant insurer for the purpose of receiving and holding premiums and refunds (and has entered into a risk transfer agreement accordingly with each relevant insurer).
Your responsibility
4.1 In order to obtain a quote through our service, you will be required to answer a number of questions via an Application operated by us (or a member of the Certua Group) or by any intermediaries we may use. The answers you provide will determine the insurance products available to you and the amount you will pay for that insurance product.
4.2 You must ensure that all information you enter on to the Applications is true, accurate and complete and that you disclose all relevant and material facts. If you have taken out an insurance product and there are any changes to any information that you have provided, you agree to notify the relevant insurer immediately.
4.3 We may obtain information about you from various sources. We are not always able to verify the accuracy of information we receive about you (for example, values of your assets/mortgages/loans etc. supplied to us by your bank/wealth management platform if you are signed up to Open Banking - for further information about information we may obtain about you from third parties, or via Open Banking, please see our Privacy Policy). As the amount of premium you pay and the value of your insurance cover depends exclusively on such values, you must check any documents that you receive or that are made available to you describing any insurance product that you have entered into, and agree to notify us immediately if there are any errors.
4.4 If you do not provide accurate information and disclose all material facts this could lead to an insurance product being invalid and claims may not be paid. If an insurance product is invalid any premiums or payments that you have made may not be refunded. If you deliberately provide false information then we or the insurer may seek to take action against you including, but not limited to, for fraud or misrepresentation.
4.5 You must obtain permission from beneficiaries or any other people whose details you propose to use in requesting a quote, before you provide us with any of their information. This applies to all information that you provide, but especially special category data such as health information or criminal proceedings or convictions. In submitting any other person’s details, you are confirming to us that you have their permission to do so, and that they understand how their information will be used.
4.6 In order to comply with UK money laundering requirements it may be necessary for us and/or the insurer to carry out certain checks on you and your identity or the identity of any beneficiary. You agree that you will provide any information that we or the insurer may require in order to do so.
4.7 You will defend, indemnify and hold harmless each relevant member of the Certua Group, its officers, directors, shareholders and employees, from and against all claims and expenses, including but not limited to legal fees, in whole or in part arising out of or attributable to your conduct on the Applications and/or any breach of these Terms by you or on your behalf.
Liability
5.1 You accept and acknowledge that:
5.1.1 the Applications have not been developed to meet your individual requirements, and further acknowledge that the Applications are not free from bugs or errors;
5.1.2 you will assume sole responsibility for all losses and liabilities arising from the use of the services or the Applications, and for any conclusions drawn from such use;
5.1.3 Certua will not be liable for any loss or damage to data arising as a result of your use of the services and/or the Applications; and
5.1.4 all conditions, warranties, terms and undertakings (whether express or implied), statutory or otherwise relating to the delivery, performance, quality, accuracy, uninterrupted availability and use, fitness for purpose or reliability of the services and/or the Applications are hereby excluded to the fullest extent permitted by applicable laws.
5.2 We do not accept any responsibility or liability for any loss or damage you may incur:
5.2.1 in connection with an event or series of events which is/are outside our reasonable control;
5.2.2 if any information, content, material or data you provide on the Applications is not correct, complete and accurate, or if it is misleading, or if you fail to disclose all relevant facts or fail to inform us of any errors within any documents that you receive or that are made available to you describing any insurance product that you have entered into;
5.2.3 arising from an inability to access the Applications, from any use of the Applications or from reliance on the data transmitted using the Applications; or
5.2.4 in connection with any act, omission, error or default by an insurer or any other third party in the provision of any insurance product.
5.3 We exclude all warranties, undertakings or representations (either express or implied) to the full extent permitted under applicable law, that our Applications or (including without limitation) all or any part of the content or materials, accuracy, availability or completeness of the content of such Applications or any part of the content or materials are appropriate or available for use either in the United Kingdom or in other jurisdictions or that such Applications are free from viruses or anything else which may have a harmful effect on any technology.
5.4 Certua will not, under any circumstances, be liable for:
5.4.1 loss of profits (whether considered to be a direct or indirect loss);
5.4.2 loss of business;
5.4.3 depletion of goodwill and/or damage to reputation;
5.4.4 loss of data;
5.4.5 loss of anticipated savings;
5.4.6 loss of contract;
5.4.7 loss of use; or
5.4.8 any special, indirect or consequential loss,
arising from or in connection with these Terms or the services referred to in them.
5.5 Subject to clause 5.4, and save for in respect of any liability which cannot be lawfully excluded, Certua’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with or under this agreement will at all times be limited to any fees paid by you (or the relevant agent acting on behalf of Certua) to Certua during the 12 months preceding the date on which the claim arose.
5.6 Nothing on the Applications is financial, investment or other advice provided by us or should be considered to be a recommendation or endorsement by us in respect of any insurance product referred to on an Application. Information we provide via any Application is provided for general information purposes only, should not be relied upon by you and is provided so that you can select the insurance product that you feel is most appropriate to meet your needs.
5.7 We will do our best to correct errors and omissions as soon as we can. Nevertheless on occasion there may be mistakes in the price or type of insurance product shown. In the event that such error is shown then we reserve the right to cancel that insurance product, but this of course will be without any liability to you and a refund will be offered.
5.8 We are not responsible for any commentary, opinions, ratings or other postings on the Applications by any third party.
Our fees
We are usually paid by commission (paid to us by the insurer). However, for certain insurance products we may charge you a fee. If we do charge you a fee we will notify you and provide details of that fee (or the basis for calculating the fee) before you enter into an insurance product. Please contact us if you wish to know more about our fees.
Data protection
7.1 For the purpose of this clause 7, the terms process, processed, processes, processing, personal data, personal data breach, data controller, data processor and data subject have the meanings set out in the Data Protection Legislation).
7.2 In the course of carrying out any data aggregation or related services (e.g. Open Banking services) that we may provide to you, we may process personal data in respect of your staff, suppliers, clients, agents and other persons connected with your business (Data). In respect of such Data, it is agreed that you are the data controller and Certua is the data processor.
7.3 You hereby consent for Certua to process, analyse, edit, and add to the Data where this is relevant to Certua’s obligations under these Terms or where this is required in order for Certua to provide the services you have requested. You warrant and undertake that you have the authority to grant such consent on behalf of all persons who are the subjects of such Data.
7.4 In respect of any Data processed by Certua in connection with these Terms, Certua will:
7.4.1 process the Data only on your documented instructions, including with regard to transfers of the Data to a third country or an international organisation, unless required to do so by applicable laws to which Certua is subject; in such a case, Certua will inform you of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;
7.4.2 ensure that persons authorised to process the Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
7.4.3 take all measures required pursuant to Article 32 of the GDPR;
7.4.4 taking into account the nature of the processing, assist you by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the data subject's rights laid down in Chapter III of the GDPR;
7.4.5 assist you in ensuring compliance with your obligations pursuant to Articles 32 to 36 of the GDPR, taking into account the nature of processing and the information available to Certua;
7.4.6 at your choice, delete or return all the Data to you after the end of the provision of the services relating to processing, and delete existing copies unless any applicable laws require storage of the Data;
7.4.7 make available to you all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR and allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you (at your cost); and
7.4.8 immediately inform you if, in Certua’s opinion, an instruction provided by you infringes the GDPR or other applicable laws to which Certua is subject.
7.4.9 You provide a general authorisation for Certua to subcontract its processing obligations to the subcontractors listed below, subject to Certua informing you of any intended changes concerning the addition or replacement of any data sub-processor throughout the duration of the services, thereby giving you the opportunity to object to such changes. Where a member of the Certua Group is appointed to act as a sub-processor, each such member hereby agrees to process the Data in accordance with clause 7 of these Terms (and any other sub-processor must agree in writing to process the Data on terms equivalent to those set out in clause 7 of these Terms). Certua will remain liable to you for the performance of any such sub-processor’s obligations.
7.4.10 The parties agree that the following is applicable in respect of the processing of the Data by Certua:
7.4.10.1 The subject matter and duration of the processing:
7.4.10.1.1 Subject matter: Banking transaction and other data aggregation in the course of providing insurance services pursuant to these Terms.
7.4.10.1.2 Duration: From the commencement of the relevant data aggregation and related services up until the completion of such services.
7.4.10.2 The nature and purpose of processing: The processing of Data in the course of carrying out any data aggregation or related services (e.g. Open Banking services) that we may provide to you and in the course of providing insurance services, in respect of which we may access your bank transaction data.
7.4.10.3 The type of personal data being processed: Data displayed in the course of accessing bank transaction data and providing data aggregation services such as names, addresses, employment information and payment information.
7.4.10.4 The categories of data subjects: Your staff, suppliers, clients, agents and other persons connected with your business.
7.4.10.5 Certua’s approved data sub-processors: Each other relevant member of the Certua Group.
Website terms of use
Use of the Applications
8.1 If you are in breach of these Terms (or any part of them), your right to access and use any Application or service operated by us will cease immediately.
Availability of the Applications
8.2 We aim to provide uninterrupted access to the Applications that we operate, but we cannot guarantee this. We reserve the right to suspend, restrict or terminate your access to our Applications at any time for reasons including but not limited to maintenance or repair of the Applications or services or other actions that we, in our sole discretion, may elect to take.
Intellectual property rights
8.3 Unless otherwise stated, Certua (or the relevant member of the Certua Group, as applicable), is the owner or the licensee of all intellectual property rights, including, without limitation, all logos, trademarks, service marks, domain names, database rights, copyright, rights in designs, rights in know-how, patents and rights in inventions (whether registered or unregistered) and all other intellectual or industrial property rights in any jurisdiction and for any information, content, materials, data or processes contained in or underlying our Applications and/or any services we provide. You must not use such information or copyright material unless you have written permission from us to do so. All rights of Certua Group in such intellectual property rights are reserved.
8.4 The parties acknowledge and agree that, save for your access granted to the services pursuant to these Terms, you will have no rights in or to the Applications and, in particular, will have no rights in or ownership of all or any of the intellectual property rights in the Applications. Any provisions of these Terms purporting to transfer ownership of the Applications (or any part of them) to you, or any attempt by you to transfer ownership of the Applications (or any part of them), will be invalid.
8.5 Any logos, trademarks, service marks and domain names, copyright and all related intellectual property rights of the companies, intermediaries or providers with which we have business relationships remain the intellectual property rights of those companies and belong to those companies, intermediaries and providers, and you may not reproduce them without their prior written consent.
8.6 You will not (directly or indirectly):
8.6.1 use the Applications in any unlawful or fraudulent manner;
8.6.2 use the Applications to harm, threaten, abuse, defame, libel, intimidate or harass another person, or in a way that invades another person’s privacy or is offensive, indecent, inappropriate, discriminatory or damaging (as determined by Certua); or
8.6.3 attempt to copy, modify, adapt, convert, duplicate, create derivative works from, make error corrections to, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Applications in any form or media or by any means;
8.6.4 attempt to decompile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form or in any other manner decode all or any part of the Applications;
8.6.5 attempt to gain unauthorised access to the Applications, the servers on which the Applications are stored or any server, computer or database connected to the Applications;
8.6.6 attack the Applications via a denial-of-service attack or a distributed denial-of-service attack;
8.6.7 access all or any part of the Applications in order to build a product or service which competes with the Applications and/or Certua’s business; and
8.6.8 attempt to obtain, or assist third parties in obtaining, access to the Applications, other than as provided under these Terms.
Viruses, hacking and other offences
8.7 You must take all reasonable precautions (including using appropriate virus checking software) to ensure that any information, content, material or data you provide is free from viruses and will not introduce any virus or other thing which may have a harmful effect on any part of our Applications or any other technology.
Security
8.8 In order to safeguard your information, we maintain security measures to protect the confidentiality and integrity of your personalised security credentials and we frequently carry out risk assessments and audits to monitor and review threats and vulnerabilities to our systems to prevent fraud. However, while we will do our best to protect your personal information, we cannot guarantee the security of your information which is transmitted to any Application via an internet or similar connection.
8.9 If you create any usernames and passwords when using the Applications, they must be kept confidential by you and must not be shared with anyone. If you do disclose to anyone your username, password and/or other identification information, you are solely responsible for all activities undertaken on the Applications using your username, password and/or other identification information.
8.10 So far as is permitted by applicable laws, we will notify you without undue delay by email (where appropriate) upon becoming aware of any suspected or actual fraud or security threats relating to your account or information.
8.11 If you become aware of any loss, theft or unauthorised use of your user information, you agree to notify us immediately (please see our contact details below).
Third party applications and services
8.12 We work with a large number of providers and intermediaries. Your use of any provider or intermediary sites will be subject to the relevant providers’ and intermediaries’ own terms and conditions. It is important that you read such terms and conditions as they may differ from ours.
8.13 You can access hyperlinks published on our Applications or emailed to you as part of our services. The hyperlinks will direct you to websites owned and operated by third parties. We accept no liability for any statements, information, products or services that are published on or may be accessible through third party websites, as this is outside our control.
Other important terms
Third party rights
9.1 Nothing in these Terms confers or will be deemed to confer on any person who is not a party to it a right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
No partnership or agency
9.2 Nothing in these Terms is intended to, or will, operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party will have the authority to act in the name or on behalf of, or otherwise to bind, the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
Assignment
9.3 You will not, without the prior written consent of Certua (such consent not to be unreasonably withheld), assign, transfer, charge, subcontract or deal in any other manner with, all or any of its rights or obligations under these Terms.
Severance
9.4 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
Waiver
9.5 A waiver of any right under these Terms is effective only if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
9.6 No failure or delay by a party to exercise any right or remedy provided under these Terms or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy.
9.7 Unless specifically provided otherwise, rights arising under these Terms are cumulative and do not exclude rights provided by law.
Related entities
9.8 Certua does not have a direct or indirect holding of more than 10% in any insurer. No insurer has a direct or indirect holding of more than 10% in Certua.
Complaints
9.9 We aim to provide you with an excellent service at all times. If you are unhappy with our service for any reason, please contact our Customer Services Team by emailing client-services@certua.io or calling +44 (0)20 3962 0003 (Monday – Friday between 9am and 5pm).
9.10 Once your complaint is received, we will respond with a full reply or send an acknowledgement letter to you, which will tell you who is dealing with your complaint and when we will contact you again.
9.11 We will aim to send you a formal acknowledgement of your complaint within 48 hours and to resolve it as soon as possible. If your complaint is particularly complex, the investigation period may need to be extended, up to a maximum of eight weeks. In these cases, we will periodically give you an update on progress.
Alternative dispute resolution
9.12 If you remain unsatisfied with our response to your complaint, you may be eligible to submit a complaint to the Financial Ombudsman Service to be resolved via alternative dispute resolution.
9.13 Contact details of the Financial Ombudsman Service are set out below:
The Financial Ombudsman Service
Address: Exchange Tower, London, E14 9SR
Tel: 0800 023 4567 (freephone service)
Website: http://www.financial-ombudsman.org.uk/
Contact us
9.14 you can:
email Certua: client-services@certua.io
write to Certua: Certua Protect Limited, Unit 7, 27 Corsham Street, London, N1 6DR, UK.
call Certua: +44 (0)20 3962 0003 (Monday – Friday between 9am and 5pm).
Amendments to these Terms
9.15 We may amend these Terms from time to time for example, to keep them up to date, to implement minor technical adjustments and improvements or to comply with legal requirements (the “last updated” reference tells you when we last updated our terms), provided that if we make any significant amendment, we will notify you and you may then contact us within 30 days if you do not wish to accept the amendment. However, in that case, we may decide not to provide any further services to you (including making insurance products available to you).
Governing law and jurisdiction
9.16 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation will be governed by and construed in accordance with the law of England and Wales.
9.17 Each party irrevocably agrees that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.
9.18 We do not provide any warranties that the services or Applications are appropriate or available for use either in the United Kingdom or in other jurisdictions. If you use the Applications from other jurisdictions, you are responsible for compliance with applicable local laws.
Definitions
9.19 “Certua Group” means Certua and any associated companies of Certua (including Certua Group Limited, Certua Licensing Limited, Certua Protect Limited, Certua Lending Limited, Certua Financial Information Services Limited, Certua Sport Limited and Certua Services Limited).
9.20 “Data Protection Legislation” the GDPR; the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC); the Privacy and the Electronic Communications Regulations 2003 (SI 2003/2426) as amended, and all other applicable data protection and privacy legislation in force from time to time in the UK.
9.21 “FCA” means the Financial Conduct Authority or any other regulator which replaces it.
9.22 “GDPR” as defined as the “UK GDPR” in the Data Protection, Privacy and Electronic Communications Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations SI 2019/419;
9.23 “insurance product” means any insurance policy or other product or service relating to insurance that we may make available to you.
9.24 “Terms” means these Terms and Conditions.
9.25 “you” and “your” means the relevant business entity that accesses and uses the Applications.
