Terms and Conditions
of Use
Please read the following section carefully as it contains the conditions
governing your use of the entire content of the website under the domain name
trafalgardirect.com and other associated URLs (the "Site") and to any correspondence
by email between us, and you. By using this Site you agree to these terms
and conditions of use. If you do not accept these terms and conditions in
full, you must leave the Site immediately. You should also read our privacy
policy, which outlines how personal information you provide to us will be
used.
Companies operating on this site
The Site is operated by Ibex Insurance Services Limited. Ibex Insurance has
prepared this site on behalf of Trafalgar Insurance Brokers. Trafalgar Insurance
Brokers is trading name of Ibex Insurance Services Limited, The Tower, Marina
Bay, Gibraltar, tel: 00350 77822 fax: 00350 77823. In these terms and conditions,
"our", "we", and "us" refer to Ibex Insurance Services Limited.
Ibex Insurance Services Limited, registered address: The Tower, Marina Bay,
Gibraltar, email: ibex@ibexinsure.com.
Registered in Gibraltar no 77247. Ibex Insurance Services Limited is authorised
and regulated by the Financial Services Commission, registration no FSC 00643B.
The Financial Services Commission website can be visited at www.fsc.gi
Financial Services Compensation Scheme
Under the Financial Services and Markets Act 2000, should the company be unable
to meet all its liabilities to policyholders, compensation may be available.
Ibex Insurance Services Limited is a Coverholder for Lloyd's of London and
Lloyd's underwriters are covered by the Financial Services Compensation Scheme.
You may be entitled to compensation from the scheme if a Lloyd's underwriter
is unable to meet its obligations to you under this contract. If you were
entitled to compensation under the Scheme the level and extent of the compensation
would depend on the nature of this contract. Further information about the
Scheme is available from the Financial Services Compensation Scheme (7th Floor,
Lloyd's Chambers, Portsoken Street, London E1 8BN) and on their website www.fscs.org.uk.
Ownership of material
All copyright, designs, graphical and text arrangements, logos, trademarks,
database rights and any other intellectual property rights in all material
on the Site are owned by Ibex Insurance Services Limited or its licensors.
Use of site
The Site is intended for non-commercial personal use only. Interference or
entry to the Site with intent to corrupt, damage or deny service from the
Site or for commercial benefit is taken seriously and we will take such action
as is necessary to protect the Site from any such activities. You acknowledge
that damages may not be an adequate remedy for any infringement and that we
are entitled to the remedies of injunction, specific performance, an order
to deliver up materials which infringe our intellectual property rights and
any other statutory or equitable relief and that no proof of special damages
is necessary for reliance on such remedies.
Availability of site
Whilst we have taken care in the preparation of the Site, certain technical
matters may be beyond our control and we cannot guarantee that you will have
uninterrupted or error free access to all of the Site at all times, that defects
will be remedied, or that the Site, or the server that makes the Site available,
are virus or bug free. Access may be suspended occasionally or restricted
to allow for repair or maintenance or for the introduction of new services.
Terms and conditions of our products and services
The content of the Site does not constitute an offer by us to sell products
and services. Your request to purchase a product or service represents an
offer by you that we may accept or reject and will be subject to the terms
and conditions of that product or service.
The information and descriptions on the Site do not necessarily represent
complete descriptions of all terms and conditions in relation to our products
and services. Specific details will be included in the schedule of cover,
policy documents and/or conditions of purchase issued to you.
You must ensure that the details you give to us while using this Site are
correct and that you have sufficient funds to cover the cost of any product
or service, which you intend to purchase.
Complaints procedure
We aim to provide you with a first class standard of service. However, there
may be occasions when you feel that this objective has not been achieved.
Should you wish to make a complaint regarding your policy please contact us
at the address below and we will deal with this on your behalf and resolve
the matter for you.
Trafalgar Direct, Suite 1c, Centre Plaza, Horse Barrack Lane, Gibraltar.
In the unlikely event that you are not satisfied then please write to the
Managing Director at the address below with full details (including your policy
number, your claim number or both). A comprehensive review of the matter will
then be carried out and a final decision given.
The Managing Director, Ibex Insurance, The Tower, Marina Bay, Gibraltar.
If after taking this action you are not satisfied with the way a complaint
has been dealt with you may write to:
Lloyd's Complaint department, 1 Lime Street, London EC3M 7HA, UK
If however you should still remain dissatisfied there is a further course
of action open to you. If we do not resolve your complaint within 40 working
days the Financial Ombudsman Service will accept a direct referral. While
we are bound by the decision of the Financial Ombudsman Service, you are not.
The Financial Ombudsman Service may be contacted at South Quay Plaza, 183
Marsh Wall, London E14 9SR. Tel: +44 (0) 845 080 1800
The Financial Ombudsman Service will only consider your complaint if you have
given us the opportunity to resolve your complaint and you are a private policyholder.
Site access and password usage
To obtain access to certain online services you are given the opportunity
to register with us. You are responsible for maintaining the confidentiality
of your details and your password and for restricting access to your computer
to prevent unauthorised access to your account. You accept responsibility
for activities that occur under your account. You agree to inform us immediately
if you have reason to believe that your password is being used in an unauthorised
manner.
Product Terms and Conditions
The content of the Site does not constitute an offer by us to sell products
and services. Your request to purchase a product or service represents an
offer by you and will be subject to the terms and conditions of that product
or service that we may accept or reject. After you make a request through
the Site to purchase the product or service then assuming such product or
service is available to you and your offer is accepted, you will receive confirmation
of your purchase.
The information and descriptions on the Site do not necessarily represent
complete descriptions of all terms, conditions and exclusions and the precise
cover provided (as applicable) shall be included in the schedule of cover,
policy documents and/or conditions of purchase issued to you.
If you apply for any product or service detailed on the Site, these conditions
of use should be read in conjunction with any other terms and conditions relating
to that product or service and, in the event of any contradiction between
these conditions of use and the specific product of service terms and conditions,
the latter shall prevail.
You must ensure that the details you give to us while using this Site are
correct and that there are sufficient funds to cover the cost of the product
or service.
Credit card transactions
Please note that we retain the credit card details you provide to us after
payment has been made. This assists us in reducing credit card fraud. Unless
otherwise requested, any refund we provide to you for any product or service
you have purchased by credit card is made back to the credit card account
used to make the initial purchase.
Disclaimer
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 product or service
shown. In the event of such an error we reserve the right to cancel any contract
we may have entered with you, but this of course will be without any liability
to you and a refund will be offered.
We take care to ensure the Site is accurate and up to date, however all warranties
(whether express or implied) and all liability to you in respect of the Site,
its content and your use of the same are excluded to the fullest extent permitted
by law.
Please note that this disclaimer does not affect your statutory rights in
respect of any products or services that you purchase from this Site.
If any provision in these terms and conditions shall be found by any court
or administrative body of competent jurisdiction to be invalid or unenforceable
for any reason, such provision shall be deemed deleted and will not affect
the validity or enforceability of the remaining provisions.
Waiver
If you breach these terms of use and we do not take immediate action against
you we are still entitled to enforce our rights and remedies in respect of
any such breach or any subsequent breach.
Liability
We shall not be liable for any loss or damage that you or a third party may
suffer in connection with the Site in any way, including loss or damage due
to viruses that may infect your computer equipment, software, data or other
property or your downloading of any material. Nothing in these terms and conditions
shall exclude or limit our liability for death, personal injury or fraud.
Jurisdiction and law
These conditions of use shall be governed by and construed in accordance with
Gibraltar law. Any disputes shall be subject to the exclusive jurisdiction
of the Gibraltar courts.
If you wish to contact us regarding any matter set out in these terms and
conditions you may do so by email, by phone or in writing.