By using www.lastminutepolicy.com (“Website”, “LMP”, “we”, “our” or “us”), you (“your” or “User”) agree that you have read, understood and accept these Terms & Conditions as well as any future revisions or updates to them. You are strongly advised to read the following terms and conditions carefully and check periodically for the changes before making any purchases. In case you do not agree with any Terms & Conditions and/or its Disclaimers and Privacy Policy, you should not use the Website and any affiliated domains and mobile applications. We reserve the right to alter or update these Terms & Conditions at any time. Your continued use of the Website following the posted changes to any Terms & Conditions will be deemed as your acceptance of those changes.
Your purchase of any product and/or service through the Website will be subject exclusively to these Terms & Conditions.
1. Permitted Use
As a user of the Website, you hereby fully agree that;
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You will use the Website and its contents for your own personal use only and will not either commercialize or impersonate it to other parties or entities;
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You will maintain the security of your password assigned to you or created online by you, whatever the case may be. If you lose access of your username and password or become aware of unauthorized use of your account or breach of these Terms & Conditions, you will immediately notify us. You agree that we shall not be liable for any loss that you may incur as a result of any authorized or unauthorized use of your password by any third party;
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You agree and confirm that information provided on the Website when applying for the quotes are complete, true and authentic;
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You will use the Website for ethical, moral and legal purposes and in compliance with these Terms & Conditions and applicable laws & regulations;
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You confirm that you will use your own credit or debit card when making any purchase on the Website
2. Conditions of Use
You are responsible for all transactions made or purportedly made by any person in your name or on your behalf, with or without any authority, knowledge or consent, and may not claim against us any losses or damages incurred or suffered by you in respect of such transactions;
You will only submit non-confidential and non-proprietary material on the Website which may be used by us for any purpose, including but not limited to developing, analyzing, creating or marketing products or services and you have expressly given us an irrevocable world-wide rights of their use;
You are sole responsible to read and understand the terms and conditions of each insurance policy that you intend to purchase or may have purchased on this Website. You will read carefully the terms and condition of the policy as provided by the insurance company and available on our quotation page of the Website, prior to making any purchases. Should you need any further information or clarification before buying any insurance products or services, you must contact us. You are solely responsible of deciding on whether any of our product or service is suitable for your needs;
You will neither make any speculative or fraudulent transaction on the Website nor update, post or otherwise transmit any materials that you do not have the right to transmit under any contractual obligation or law;
If you are not the policy holder or Insured, you confirm that you have the full authority to bind any business or third party on whose behalf you may be using Website;
You will not claim a relationship with or represent any third party, association, business or other organization with which you are not authorized to claim any such relationship or represent;
You will not “mirror”, “frame” or otherwise incorporate or link any part of the Website with other sites or copy or access any content or information by any means to bypass or circumvent the measures employed to prevent or limit access to this Website;
You will not damage, delete, interrupt or alter any material or content posted on the Website or in any way, disrupt the normal flow of communication, by uploading any other software, computer codes, viruses, files that may affect the hardware or software or functionality of the Website;
You will not upload, post or transmit any discriminatory, harassing, defamatory, libelous, obscene, pornographic, or otherwise unlawful content on the Website or use the Website to commit any criminal offense or to encourage others to engage in similar action that would constitute a criminal offense or give rise to civil liability;
You will not upload, post or transmit any unsolicited advertisement, promotional materials or other forms of solicitation on the Website;
You will not download, collect or store any material including personal information about others from the Website and any such attempt whether successful or unsuccessful will be considered as infringement of our copyrights. All rights not expressly granted in these Terms & Conditions are reserved;
You represent and warrant that you are the sole owner of the materials provided or uploaded on the Website and do not infringe or misappropriate any proprietary rights of any third party. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any form or material submitted, posted or otherwise transmitted on the Website.
3. Change of Use
The Website reserves the right to change or remove any content, service or part of the Website without notice or assigning any reason, at its discretion and you confirm that the Website shall not be liable to you for any costs, expenses, losses or damages incurred or suffered by you or any third party for any such change or removal. Your continue using the website following the changes shall be deemed as your acceptance of such changes. The most recent version of the Terms & Conditions and Privacy Policy that is available on the Website at the time of buying the Product or Service will apply to the purchase.
4. Registered User
By purchasing a product or service from the Website, you will become a registered user and an Account will be created by the Website for your convenience. Your Account so created is personal and exclusive to you and it is your sole responsibility to keep your username and password safe and secure. You are also responsible for maintaining the confidentiality of your Account and details of all your purchases and activities that occur under your Account. We shall not be liable directly or indirectly in any way for any loss or damage of any kind incurred as a result of, or in connection with your failure to comply with this condition. You must read our Privacy Policy for further details. In case you have any concerns about the Account or become aware of any irregularity or misuse then you must report to us immediately.
5. Validation & Policy Issuance
You may be required, as a condition for the purchase of an insurance policy, to produce and upload certain personal documents. Once all the required information and documents are uploaded, verified, and full payment is made, insurance company will accept or decline the policy. You will receive an electronic copy of your policy in the email you provided. We do not accept any responsibility if you fail to provide full and accurate information onto the Website which may cause the cancellation of your policy by the insurance company. We reserve the right to accept or reject your order in case of providing incomplete or inaccurate information.
There may also be errors in transmission resulting in interruption of your purchase. We shall in good faith try to resolve any issues that may arise as a result of such errors. You agree to cooperate with us to resolve such issues, and you further give your consent to us that we shall have full discretion to determine the appropriate resolution in such cases.
By accepting these Terms and Conditions, you agree to appoint Joie de Vivre International Insurance Brokerage LLC to act as your exclusive insurance broker of record and to represent you in matters pertaining to your insurance needs. This appointment shall remain in full force and effect until notification in writing to the contrary is received from you.
6. Representations by You
By visiting the Website, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to us through the Website or for inclusion on the Websites will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. Visitors on the Website who are under the age of 18 shall not register as a user of the Website and shall not transact on or use the Website.
7. Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our Website, register on the Website, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Website. Users may be asked for, as appropriate, name, email address, mailing address, phone number, and other related information. Users may, however, visit our Website anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Website related activities.
8.Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Website. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Website, such as the operating system and the Internet service provider etc.
9.Service Access
We endeavor to ensure that the Website is available 24 hours a day, but we shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or reasons beyond our control.
Your right to access and use of the Website is personal to you and is not transferable by you to any other person or entity. You are solely entitled to access and use the Website for lawful purposes and accordance with our Privacy Policy and Terms and Conditions of this Website.
We provide access to the Website through various mobile devices on which your carrier’s normal rates and fees may apply and that the respective Terms & Conditions of all the concerned parties individually apply to your use of such devices.
We reserve the right to terminate or restrict your access to our Website or your Account, remove or edit content, or cancel orders for any reason and at our sole discretion. You understand and agree that in our sole discretion, and without prior notice, we may terminate your access to the Website, or exercise any other remedy available and remove any unauthorized user information, if we believe that the information you provide has violated or is inconsistent with our above mentioned Conditions of Use, or violates our rights, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to us for violations of these Conditions of Use and you consent to injunctive or other equitable relief for such violations.
10. Cancellation of Purchase & Refund Policy
All purchases made through the Website will be legally binding. Once insurance policy is issued, it may be cancelled only in specific circumstances and on case to case basis, subject to refund and cancellation policies of the underlying insurance company. Any dispute between you and insurance company over the cover shall not give rise to any refund, or rebate, repayment of liability or obligation on our part for any reason whatsoever, whether or not arising in connection with the Website.
In the event that we offer you a discount during the purchase of your policy through this Website and you canceled your policy at a later date, we will refund to you the premium amount as per insurance company’s credit note less any fees charged by the insurance company, less the full discount that we offered to you when your purchased through us, irrespective of how much time your policy was active and less the charges of payment gateway service provider.
Normal turnaround time for refund in case of policy cancellation after receiving all the required documents by the insurance company is 45 days. Your refund will be made through the same mode in which the initial payment has been received from you. Final settlement will be in UAE Dirham only.
11. Payments
We accept payments by Master or Visa Debit and Credit cards in AED for our products and services. All payments must be made in full via respective merchant service provider (Payment gateway) which has its own terms and conditions. Please review merchant service provider’s user agreement and privacy policy prior to making any transaction. With regard to payment, their terms and conditions supersede all other written and oral communication or agreement.
For those products, in which you are required to make the payment directly to the insurance company, we shall provide you a payment link of the respective insurance company to make the full payment. We shall issue the policy upon receiving a copy of the proof of payment from you. All payments are indicated inclusive of taxes (if applied) at the current applicable tax rate.
In any case, we shall never ask for your Credit or Debit card details or request you to either enter them on the Website or to share them in any form with our Sales Advisors or Representatives.
All refunds will be made through original mode of payment and in AED only. You shall not be allowed to set-off or withhold any amounts due for any reason whatsoever. We shall not be liable for any exchange rate loss or extra service charges levied by other parties in settlement of your refund.
12. Policy Claims
Any claim arising out of insurance policy purchased through the Website shall be made directly against the insurance provider without any liability whatsoever on us. We do not have any authority to negotiate or settle any claim on behalf of insurance company which underwrites the cover and is the sole authority to decide the final settlement of your claim.
13. Delivery of Policy
Upon receipt of all the payments due, all documents relating to your purchase of insurance products and services, including the insurance policy itself, shall be delivered to you exclusively by e-mail for each and every purchase.
14. Disclaimers and Limitation of Liability
All information, materials and descriptions contained on the Websites are provided on “as is” and “as available” basis only for general information purposes and used by you at your own risk.
IN NO EVENT SHALL WE MAKE ANY ADVICE, RECOMMENDATION, WARRANTY OR REPRESENTATION WHATSOEVER WITH RESPECT TO THE SUITABILITY OF ANY SERVICES, AND ANY DECISION MADE BY YOU TO PURCHASE ANY PARTICULAR SERVICES SHALL BE YOUR SOLE DECISION AND RESPONSIBILITY.
We shall not be held liable for any losses, costs, expenses, injury, claim or damages incurred or suffered by you or by any third party arising from or in connection with your purchase or purported purchase of any services caused by:
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Our compliance with any instructions given or purported to be given by you relating to the purchase of the Products or Services, notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired during transmission, provided that such compromise or impairment would not have been apparent to a reasonable person receiving such instruction; or
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Your inability to complete or effect any purchase due to system maintenance or breakdown/non-availability of any network; or
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Any failure by us to perform any obligation or observe any term of these Terms & Conditions if such failure arises from a failure of, or any unauthorized and/or unlawful access to, any machine, data processing system or transmission link or any act of force majeure such as acts of God, warlike hostilities or war, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock-outs, pandemics, fire, flood, shortage of material or labor, delay in deliveries from sub-contractors, or any event generally outside our control.
The Website is not intended to provide complete descriptions of all terms, exclusions, conditions applicable to each and every product or service offered through the Website. We make no warranty nor representation whatsoever that the information and materials contained on the Website are suitable for your needs neither are complete, reliable or free from errors or inaccuracies. You are to rely solely on the insurance provider’s terms and conditions in respect of any policy that you purchase from the Website because it is those terms and conditions that will apply to your insurance coverage. Therefore, it is your responsibility to understand the limitations of insurance policies and the risks involved, and under no circumstance, form or manner, do we take any liability in such cases. All prices indicated on the Website are subject to change without any prior notice.
We shall not be responsible in any way for any direct, indirect, special or consequential damages arising in any way from your purchase of any service via the Websites, to the extent permitted by law.
We may make changes to the content or material on the Website without any prior notice, and as advised by the insurance companies. We are not under any commitment to update any content or material on the Website.
We reserve the right to disclose any information that you may provide to us through the Website, to our legal representatives or advisors and any governmental or federal authority in the United Arab Emirates at any times.
We will not deal with or provide any products or services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific.
IN NO EVENT SHALL WE BE LAIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, WARRANTY (INCLUDING NEGLIGIENCE) OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, EXAMPLARY, INCIDENTAL, PUNITIVE DAMANGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVNUE OR BUSEINSS ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR’S AGGREGATE LIABILTY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO UAE DIRHAM ONE THOUSAND FIVE HUNDARD ONLY (AED1,500/-).
15. Indemnity
You agree to indemnify and hold us, our parent company, its subsidiaries, affiliates and our, and their directors, officers, shareholders, employees, agents, service providers harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) arising out of or relating to any claims or demands made by any third party due to or arising out of your use of the Website or its services:
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Your breach or violation of any of the provision of these Terms & Conditions;
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Your all other financial and non-financial liabilities arising out of your directly or indirectly use of this Website;
16. Privacy Policy
Our Privacy Policy governs the manner in which we use, maintain, collect and disclose information collected from you. We strongly recommend you to read our Privacy Policy that applies to this Website and to all products and services offered by it. By agreeing this Terms & Conditions, you are also accepting the terms of our Privacy Policy.
17. Intellectual Property Rights
All patents, trademarks, service marks, rights in design, trade names, trade secrets, copyrights and topography rights, database rights, rights in trade names, know-how, secret formulae and processes, in each case whether registered or not (Intellectual Property Rights) located on the Website are owned by us. Nothing contained on the Website shall be construed as granting, by implication or otherwise, any license or right to use any Intellectual Property Rights, without our prior written consent.
You hereby acknowledge and agree that any use of Intellectual Property Rights as displayed on the Website, except as provided herein is strictly forbidden. Any unauthorized use of Intellectual Property Rights displayed on the Website may violate copyrights laws, trademarks laws and any other laws applicable in this respect. Downloading, viewing, printing or otherwise using the content and/or the collective work on the Website does not entitle you to any ownership or intellectual property rights. If you submit any information on this Website, you warrant that the information does not infringe the copyrights or other rights of third parties.
18. Restrictions on Use of Material
The ownership and/or copyright in the information, content, material and data displayed on this Website belongs to us. You may download the materials displayed on Website for personal use only and provided that you do not remove any copyright and other proprietary rights contained on the materials. You are not allowed to modify, transmit, distribute, reuse, repost publish or use the content of the Website for public or personal or commercial purposes, including the text, images, logos, audio, videos, without our prior written consent.
19. Third Party websites & their Services
Website may include links to third parties sites/websites that are controlled and maintain by others. If you use these links, you will leave the Website. We do not have any control on them and are not responsible for these websites or their content or availability. We do not review or monitor the validity of the legal status for all these third party websites. Therefore, we do not recommend, endorse or make any representations or warranty about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and we shall not be liable or held responsible for any losses, costs, damages or claims in connection with, arising from or related to your use of their products and services, including that they are free of viruses or otherwise impact your computer devices. By using the Website to search for or link to another site, you fully agree and acknowledge that you will not make any claim against us for any damages or losses, whatsoever, resulting from your use of these sites to obtain search or to link to another site. We do not guarantee that the terms or rates offered by these websites are the best and most competitive in the market or they are free from any errors or omissions. These third party websites have their own terms & conditions to provide their services that may be changed any time without our knowledge. You may report to us at _______________in case you have a problem with a link from the Website.
20. Advertising
The Website may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Website are accurate and comply with all applicable laws. Once you access or click these advertising sites, you will leave the Website. We shall not be held responsible for the acts or omissions of any advertiser or sponsor for the content displayed on their sites and you will access them at your own risk. You also agree not to link any other sites to the Website without our express prior written consent and approval. These sites may send their own cookies to you or otherwise collect data or solicit personal information and you are responsible for checking these sites to locate and review their terms and conditions and privacy policies.
21. Severability
If any of these Terms & Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms & Conditions shall survive and remain in full force and effect and continue to be binding and enforceable. Headings & section titles in these Terms and Conditions are for convenience and do not define, limit, or extend any provision of this Agreement. The effective date of these Terms and Conditions is 15/05/2020.
22. Jurisdiction and Governing Law
These Terms & Conditions are governed by and are to be interpreted in accordance with the laws of the United Arab Emirates and in the event of any dispute arising in relation to these Terms & Conditions, the courts of the United Arab Emirates shall have exclusive jurisdiction over any such dispute.
23. Contact us
Please contact us if you have any questions regarding our Terms & Conditions, Disclaimer and Privacy Policy.
Joie de Vivre International Insurance Brokerage LLC
506-507, The Exchange Tower, Mustaqbal Street, Business Bay
P. O. Box 48795,
Dubai, UAE Tel:+971 4 4306723 Fax:+971 4 3684311 Email: info@lastminutepolicy.com