Terms Of Business

Zoomcover.com Ltd Terms Of Business

Please read this document carefully as it sets out our terms and contains important regulatory and statutory information.

Definitions – “We/us/our” means Zoomcover.com Ltd, 140 Norley Road, Cuddington, Cheshire CW8 2TB.

Status – We are an Independent Intermediary and are authorised and regulated by the Financial Conduct Authority, 12 Endeavour Square, London, E20 1JN. Our FCA registration no. is 838150. This can be checked by click here www.fca.org.uk/register or by contacting the FCA on 0800 111 6768.

Complaints – To submit a complaint, please contact John Hatfield at the above address or email support@zoomcover.com.  If we cannot settle the complaint satisfactorily, you may be entitled to refer your complaint to the Financial Ombudsman Service. Further details can be obtaining by clicking here.

Financial Services Compensation Scheme (FSCS) – We are covered by the FSCS. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business/circumstances of the claim. Further details are available by downloading the Protecting your Money FSCS Leaflet (PDF).

Online Dispute Resolution (ODR) – As our policies are sold online through our website, you may also submit a complaint through the Online Dispute Resolution (ODR) platform http://ec.europa.eu/odr

Scope of Capacity and Services

• Non-advised – You will not receive advice or a recommendation from us. We may ask you some questions to narrow down the selection of products that we will provide information on, you will need to make your own decision on how you proceed.

Selection

• We only offer products from a single Insurer and you will be notified separately who your Insurer is.

Fees and charges – You will receive information about any fees we receive relating to the product you are being offered. Our remuneration will either be a fee as agreed with you or commission which is a percentage of the premium paid by you, or a combination of both where appropriate.  This will include commission, fees, over-rider agreements, profit share arrangements and any volume business deals that your policy may contribute towards.  Brokerage/fees are for the policy period and we will retain all brokerage/fees in relation to policies we’ve placed.  We are committed to ensuring complete transparency of our remuneration and we will, at your request, fully disclose our remuneration

Source and type of fees

• When you take out a policy with us, we will charge you a fee. This fee will always be shown clearly during your quotation and in your documentation. In addition, the insurer pays us a percentage of the premium after the policy starts

Definition of a Consumer: A policyholder acting for purposes outside his trade, business or profession.

Definition of a Commercial Customer: A policyholder acting for purposes within his/her trade, business or profession.

Duty of Fair Presentation (Commercial customer) – Before entering into a contract of insurance, prior to a midterm alteration and ahead of your policy renewal, it is your statutory duty to make a fair presentation of your risk. This information must be provided in a clear and accessible format. You must disclose, where practical, all material circumstances about your risk, this being information that might affect the judgement of a prudent insurer in deciding whether to accept your risk or not – should you require additional explanation of what constitutes a material circumstance, please contact us immediately. You must make reasonable enquiries before presenting your risk and ensure that all individuals holding knowledge about the risk have been approached in the compilation of this information. If you feel you have not been able to do so, please advise us, so we can allow underwriters to make further enquiries if they wish to do so. You must complete any proposal forms or fact finds provided to you, honestly, accurately and in good faith. Any deliberate or reckless misrepresentation may involve part, or your entire claim being declined and in some circumstances; the Insurer may be entitled to retain your premium whilst avoiding the policy or apply additional terms to your policy.

Consumers Insurance (Disclosure and Representations) Act 2012 (CIDRA)

You are respectfully reminded of your duty to take reasonable care not to make a misrepresentation in any information that is provided by you to insurers and to answer all questions asked by insurers honestly. Under CIDRA, a misrepresentation may amount to a failure to comply with a request from an insurer for confirmation, or amendment, of details previously provided by you. Please be aware that the duty to take care not to make a misrepresentation exists not just prior to any placement being affected but also at any subsequent renewal and any variation of the contract terms during the period of insurance.

In the event of a deliberate or reckless misrepresentation, insurers may avoid the contract. Under CIDRA deliberate or reckless misrepresentation is a misrepresentation where you know it to be untrue or misleading (or do not care either way) and that you know (or do not care) that the matter to which it relates is relevant to insurers. Please consult us if you are in any doubt on this aspect.

Use of other intermediaries – Where we consider it to be appropriate and for your benefit, it may be necessary for us to request another broker or intermediary to act as our agent and assist in the placement of your insurance product.  In such cases, we will provide specific instructions to such sub-agents to meet your insurance requirements.

Payment of Premiums – We accept payment by certain credit or debit cards.

Security – We do not guarantee the solvency of any insurer we place business with. A liability for the premium, whether in full or pro rata, may arise under policies where a participating insurer becomes insolvent.  Where we use an unrated insurer, you will be notified separately.

GDPR/Data Protection – How we use your data.

All personal information about you will be treated as private and confidential.  We are registered with the ICO as a Data Controller. We undertake to comply with the General Data Protection Regulation (GDPR) in all our dealings with your personal data.  Your personal information will be kept secure. If you require more information on how we use your personal data, please refer to our privacy notice and contact us for other rights you may have under GDPR such as ‘Rights of Data Access’ etc.

Information which you provide to us will not be used or disclosed by us to other parties, except in the normal course of handling a contract of insurance or a claim on your behalf and any related activities, unless we have obtained the necessary consent from you or where we are required to by law or a regulatory body that has authority over us.  We will take appropriate steps to maintain the security of your confidential documents and information which are in our possession.

IMPORTANT- Insurers pass information to the Claims and Underwriting Exchange run by Insurance Database Services Ltd and the Motor Insurance Anti-Fraud and Theft Register run by the Association of British Insurers. The aim is to check information provided and prevent fraudulent claims. Motor Insurance details are added to the Motor Insurance database run by the Motor Insurers’ Information Centre that has been formed to help identify uninsured drivers and may be accessed by the Police to help confirm who is insured to drive. In the event of an accident the database may be used by Insurers and the Motor Insurers Bureau to identify relevant policy information. Other insurance related databases may also be added in the future.

Credit Checks – To make sure you get the best offer from Insurers or Third Parties involved in your insurance, i.e. finance providers, now or at any renewal or at any time and to protect their customers from fraud and to verify your identity, they may use publicly available data which they obtain from a variety of sources, including a credit reference agency and other external organizations. Their search will appear on your credit report whether your applications proceed.

As well as these searches they or us may use a credit check to ascertain the most appropriate payment options for you. This credit check will also appear on your credit report whether your applications proceed.

Unless you contact us to confirm you do not wish us to carry out these searches we will assume your consent has been given and proceed as above.

Claims – You must notify us as soon as possible of a claim and circumstances which may give rise to a claim. In the event of a claim you should contact the Insurer. We will provide you with full contact details in your documentation. You should not admit liability or agree to any course of action, other than emergency measures carried out to minimise the loss, until you have an agreement from your Insurer. We will remit claims payments to you as soon as possible after they have been received on your behalf. If an insurer becomes insolvent or delays making settlement we do not accept liability for any unpaid amounts.

Client Money – In some cases premiums are collected in line with a strict agency agreement known as a Risk Transfer and when we collect these premiums, we are acting on behalf of the Insurer.  Where risk Transfer does not apply, client money is held in a Non-Statutory trust in accordance with the FCA Client Assets Sourcebook (CASS), with our nominated bank.  Holding money in line with CASS ensures your money is protected and used only for the settlement of Insurer accounts. Any interest we earn on client money and any investment returns will be retained by us for our own use.

Payment to Third Parties – We may transfer client money to third person, such as another broker, for effecting a transaction on your behalf through that person.  This may include brokers or agents outside the UK. The legal and regulatory regime applying that person outside the UK may be different from that of the UK and in the event of a failure of that firm; this money may be treated in a different manner from that which would apply if an agent in the UK held the money.  You may notify us if you do not wish your money to be passed on to a person in a particular jurisdiction.

Cancellation Clause – Your insurance may include a cancellation clause. If you are a Consumer, this is mandatory. Full cancellation details are included in the Zoomcover Cancellation and Refund Policy shown below.

Financial Crime – The National Crime Agency (NCA) requires us to report any suspicious transactions to them, and we may have to obtain evidence of client’s identity at the start of a business relationship. We may ask or sight of your passport, utility bill or bank statements. For companies, evidence usually consists of a copy of the Certificate of Incorporation or we may check the Companies House register.

Termination – Our services may be terminated without cause or penalty by giving one month’s notice in writing. If our services are terminated by you other than at the expiry of the policy, we will be entitled to retain any fees and all the brokerage payable. The responsibility for handling claims reported after the date of termination shall in the absence of an express agreement be the responsibility of the party taking over the role.

Law and Jurisdiction – These Terms of Business shall be governed by and construed in accordance with English law.  In relation to any legal action or proceedings arising out of or in connection with these Terms of Business, we both irrevocably submit to the exclusive jurisdiction of the English courts.

Zoomcover Cancellation and Refund Policy

All policies can be cancelled at any time, by the customer, or by Zoomcover (in the event of fraud or suspected fraud).

No refunds are available for the following products :

• Zoomcover Temporary Insurance
• Zoomcover Car Share Insurance
• Zoomcover Top Up Insurance
• Zoomcover Business Use Only Insurance
• Zoomcover Impounded Vehicle Insurance.

For Zoomcover Learner Own Car Insurance and Zoomcover Learner Borrowed Car Insurance, the following cancellation rules apply :

• Policies with an initial duration of 28 days or less: no refund available
• Policies with an initial duration of more than 28 days:
  • Policy cancelled prior to inception: full refund payable less Cancellation Fee (see table below)
  • Policy cancelled after inception but prior to expiry: pro-rata refund less Cancellation Fee. Cover for days which have already commenced at the time of cancellation will not be refunded.
  • Policy cancelled after expiry: no refund available

Cancellation Fees (for Zoomcover Learner Own Car and Zoomcover Learner Borrowed Car only)

Subject to:

• The refund policy outlined above is only available to customers cancelling one booking per calendar month
• No refunds are available on subsequent cancellation requests in the same calendar month
• In the event of a claim on a booking Zoomcover reserve the right to offer no refund on that booking