This is legal and binding agreement between you, the user ( “user”, “you”, “your”) and Berns Berns Brett Masaood Insurance LLC, a Limited Liability Company, incorporated/registered with the Department of Economic Development under Commercial License No. CN-1136649 and duly licensed by the Insurance Authority of UAE, having its registered address at Najda Street, Abu Dhabi, UAE, ("BBM", "us," "we," or "our").
By visiting, accessing or using our Platform you are unconditionally and irrevocably accepting and consenting to abide, be bound by and adhere to the Terms and if you do not agree to these Terms, you are not entitled to avail of/use the Platform, and any use thereafter shall be unauthorized.
These Terms shall apply to our hosted mobile apps, WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications and other social media forums hosted by us, which shall be deemed to be part of the ‘Platform’ by reference. You acknowledge that the insurance/reinsurance products and services provided on the Platform are provided by third-party Insurance Providers, and you agree to abide by their terms and conditions. BBM shall not be responsible for any disruption of services caused by such third-party service providers.
1.1 “Affiliate” means, with respect to a party, any director, employee, agent, subsidiary, legal entity (such as a company, partnership, or other legal entity) that controls, is controlled by, or is under common control with such party. For purposes of this definition, “control” means the legal power to direct or cause direction of the general management of the company, partnership, or other legal entity.
1.2 “Applicable Law” means all applicable laws, rules, statutes, decrees, decisions, orders, regulations, judgments, codes, and requirements in the UAE”.
1.3 “Confidential Information” means any information disclosed by either party to the other party, either directly or indirectly, in writing, orally or by inspection of tangible objects (including without limitation documents, samples, documentation and the terms of this Agreement), which is designated as “Confidential,” “Proprietary” or given some similar designation. Information communicated orally will be considered Confidential Information if such information is confirmed in writing as being Confidential Information within a reasonable time after the initial disclosure. Confidential Information includes: (a) the domain (which is www.insuresouq.com); (b) any information of a party that is disclosed in writing or orally and designated confidential at the time of disclosure; (c) the terms of this Agreement, any Order Form and any amendment or attachment to any of these (which will be deemed Confidential Information of both parties); and (d) may also include information disclosed to a disclosing party by third parties. Confidential Information will not, however, include any information which (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (iii) is already in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party’s files and records immediately prior to the time of disclosure; (iv) is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality; or (v) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession.
1.4 Insurance Provider means the insurance company(ies) whose Products/Policy quotes are included on the Platform.
1.5 “IPR” shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, licensing rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Platform.
1.6 “Product/Policy” means insurance policies issued by the Insurer which is available on the Platform.
1.7 “Register as a User” means to create login credentials for using the services provided on the Platform.
1.8 “Territory” means United Arab Emirates.
1.9 “Your Data” means all data of any kind or nature that is loaded on the Platform by or on your behalf.
2.1 The Platform acts as an intermediary between you and the Insurance Provider. The Platform may give you the opportunity to compare between various insurance policies available in this Territory and by going through the Insurance Providers’ terms and conditions displayed on policies, you may choose to purchase the most suitable policy as you deem fit.
2.2 We may recommend or endorse certain Product for its suitability. Any action or decision taken by you to purchase a particular Product shall be your sole responsibility, and the Broker, the Platform or the Insurance Provider shall not be responsible or liable for any purchase made by you using this Platform.
2.3 BBM/the Platform acts only an intermediary and is involved in the final transactions between you and Insurance Providers.
2.5 Notwithstanding the above, all personally identifiable data of the User collected, stored, and processed by the Platform, with exception of data independently collected by third parties, shall only be collected, stored, and processed by BBM with Your consent and Your decision to proceed with accessing the Platform.
3. Payments and Security:
3.1 Any person may access the Platform and the Products either by registering with the Platform or using the Platform as a guest.
3.2 If you wish to register yourself with the Platform, you shall be required to create an account by registering and filling in the details prescribed in the Platform registration form. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to: (a) immediately notify the Platform of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the user, waive any claims against the BBM/the Platform for any loss and damage suffered by you on account of your failure to comply with these Terms.
3.3 If any user provides any information that is untrue, false, not updated or incomplete and we have reasonable grounds to believe that such information is untrue, false, not updated, incomplete, we shall have the right to suspend or terminate the relevant user account or deny services to that particular user for any and all current or future use of the Platform.
3.4 We do not charge a fee for our services. If You make a payment for the Products or Services on our Platform, the details You are asked to submit will be provided directly to our payment gateway provider via a secured connection. The cardholder is required to retain a copy of transaction records.
3.5 We accept payments online using Visa and MasterCard credit/debit card in AED (or any other agreed currencies). All transactions shall be in AED, unless otherwise agreed. All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
3.6 Unless otherwise agreed and formalized by a premium installment plan, all premiums are due on the day cover is arranged and the date the policy is due for renewal. We facilitate payment on behalf of the Insurance Provider which is collected directly by them. BBM may collect payments directly from the customers at any point in time.
3.7 In most cases, refunds will be credited back to the card used to make the payment. However, BBM may issue refunds by cheque, made payable to the policyholder directly.
3.8 We may transfer your money to another person, such as another broker or settlement agent, for the purpose of effecting a transaction on your behalf through that person.
3.9 Refunds made to the card will appear in your account between 3-5 working days once processed, and depending on your banking service provider it may take up to 15 days to receive your refund.
3.10 We will not accept responsibility for cancellation of insurance by insurers due to late or non-payment of premium by customers.
4.1 In the event of an incident occurring which may give rise to a claim under your policy, you can notify the Insurance Provider or your broker as soon as possible using the contact details on your Policy document, certificate of insurance, any provision set out specifically in the Platform and/or any provision of these Terms. It is important to follow the instructions and claims process provided by the Insurance Provider.
4.2 All incidents leading rise to claims under any policy taken by the customer shall be reported in the manner set out in such policy as soon as possible. Late notification could compromise Your claim.
4.3 Certain Insurance Providers prefer to deal direct on straightforward claims, but we will always be on hand to assist. However, BBM does not accept liability for any unpaid claims following the insolvency of an Insurance Provider.
5.1 The quotations are based on the information you have provided on the Platform. We reserve the right to withdraw quotations before they are taken up. The cover in all circumstances is subject to the Insurance Provider’s acceptance of the proposal form and/or information provided by you on the Platform.
5.2 If You have a claim before You accept the quotation offered, a different premium may apply.
5.3 Your Insurance Provider has the right to decline your risk, increase the premium or restrict the policy if any errors or omissions are found.
6. Risk Transfer:
6.1 In certain cases, we may have agreements in place with certain Insurance Providers, which permit us to act as their agent in handling premium payments, claims payments and premium returns. In these circumstances insurers – through the agency agreement – grant what is called ‘risk transfer’. This means that when you pay a premium to us, the Insurance Providers deem this to be payment to them. It is important to note however that claims and return premiums paid by Insurers through us will not be deemed paid until received by you.
7. Taxes or Costs:
7.1 Please note that there is a possibility that taxes other than VAT and/or costs may exist in respect of products and services shown on our website, which are not paid through or imposed by our Platform.
8. Responsibilities of the Customer: It is a legal requirement that while seeking a new insurance Policy or cover for additional risks or renewal under an existing Policy, you must disclose any information that might influence the Insurance Providers in fixing the premium or determining whether to accept the risk. Failure to do so may entitle Insurance Providers to avoid cover from inception and seek repayment of paid claims. If you are in any doubt as to whether information is material, you should disclose it. Your obligations under this Terms are subject to the following:
- At all times, you are responsible for providing true and accurate information to all the questions to the best of your knowledge. Failure to give truthful information may result in your Product/Policy being invalid and claims may not be entertained by the Insurance Provider. In such an event, under no circumstances, shall BBM be responsible for untrue or inaccurate information provided by you, whatsoever.
- You are firmly advised to read, understand completely, and agree with the terms and conditions of the Platform as well as the terms and conditions of the Insurance Providers before making any purchase from the Platform.
- You should understand that when you make a purchase, you are purchasing the Policy from the Insurance Providers directly and the Platform acts only as a medium throughout the transaction.
- Should you have any queries or doubt or otherwise want to make any inquiry relating to these Terms or the terms and conditions of the Product/Policy provided by the Insurance Providers, you are advised to use the help of the customer care service available and clarify all your queries before proceeding with making a purchase using this Platform.
- You shall promptly report all errors or malfunctions of the Platform.
9. Cancelling your Product/Policy:
9.1 To exercise Your right to cancel the Product/Policy purchased by You, You must do so by writing to the Insurance Provider or to us on the Platform, and the cancellation will take effect from the date of receipt subject to all relevant documents being received.
9.2 A pro rata deduction of the total premium for the time that you have been on cover unless your Product/Policy is underwritten by an insurer where short period cancellation rates apply.
9.3 If a discount was applied when you bought your policy out, this discount will be deductible from any return premium due on a pro-rata basis.
9.4 Once our remuneration has been earned, in the event that the Policy is cancelled after inception, our fees or brokerage will not be returnable to you.
10. Intellectual Property Rights:
10.1 All IPR on the Platform exclusively belong to either BBM or the Insurance Providers, as the case may be. Under no circumstance shall any user infringe in any way such IPR during or pursuant to its use of the Platform for any purposes whatsoever.
10.2 Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce, or distribute or in any other way infringe any IPR through any medium without obtaining the necessary written authorization from the Platform or BBM or the Insurance Provider of such IPR.
11.1 For the entire duration of these Terms, and surviving expiration or termination of these Terms for up to three (3) years after disclosure of the Confidential Information, the party receiving Confidential Information (the “receiving party”) from the other party (the “disclosing party”) will use it solely to perform the rights and obligations provided under these Terms, and not for any other purpose without the disclosing party’s prior written consent.
11.2 Subject to exceptions, the receiving party will hold in confidence, and not disclose to any third party, any of the disclosing party’s Confidential Information. The receiving party will use at least the same degree of care in handling the disclosing party’s Confidential Information as it uses to protect its own Confidential Information, but no less than reasonable care.
11.3 The receiving party will notify disclosing party immediately on becoming aware of any unauthorized use or release of the disclosing party’s Confidential Information. The receiving party may disclose the disclosing party’s Confidential Information to those of its Affiliates, directors, advisors, employees, or contractors (collectively, “Representatives”) who have a need to know such Confidential Information to perform under or in relation to these Terms but only if such Representatives are subject to a binding, written agreement no less protective of disclosing party than the confidentiality terms of these Terms.
11.4 The receiving party will, at the disclosing party’s request or on termination of Terms, return all originals, copies, and summaries of Confidential Information and other tangible materials provided to receiving party as Confidential Information, or at the disclosing party’s option, certify destruction of same.
11.5 The receiving party’s obligations under this Section (Confidentiality) will not apply, and the receiving party will have no further obligations, with respect to any of the disclosing party’s Confidential Information that is:
- (a) generally known to the public at time of disclosure or becomes generally known through no wrongful act of receiving party;
- (b) rightfully in the receiving party’s possession, or otherwise rightfully known by the receiving party, at time of disclosure by the disclosing party and not subject to a confidentiality obligation;
- (c) required to be disclosed by the receiving party to comply with a court order or Law, but only if the receiving party promptly notifies disclosing party to enable the disclosing party to seek a protective order or other appropriate remedy, and takes commercially reasonable and lawful actions to avoid or minimize the extent of, and to obtain confidential treatment for, any such disclosure; or
- (d) independently developed by the receiving party without use of, reference to, or reliance on the disclosing party’s Confidential Information.
12. Limitations of Liability:
12.1 BBM/the Platform shall not be liable or responsible to you for any loss or damage that you may suffer as a direct or indirect result of:
- 12.1.1 Inaccurate or incomplete information on the Platform;
- 12.1.2 Error in price or coverage provided by the Insurance Provider;
- 12.1.3 Your inability to use or access the Platform due to malfunction, downtime or interruptions;
- 12.1.4 Loss of personal information due to reasons beyond the reasonable control of the Platform;
- 12.1.5 Loss of personal data or other data, howsoever caused, including without limitation, malfunctioning of the Platform, power failures, unlawful access to or theft of, data, viruses, programming defects that are not attributable to the negligence of the Platform and/or BBM. ; and/or
- 12.1.6 Information provided by you is incomplete, inaccurate or misleading to the Platform or to the Insurance Providers.
12.2 Limitation of Direct Damages:
- EXCEPT FOR A BREACH OF SECTION 11 (CONFIDENTIALITY), AND EXCEPT FOR INDEMNITY OBLIGATIONS UNDER SECTION 13 (“INDEMNIFICATION”) (COLLECTIVELY, THE “EXCLUDED CLAIMS”), IN NO EVENT WILL EITHER PARTY (OR BBM AFFILIATES), BE LIABLE TO THE OTHER PARTY (OR ANY THIRD PARTY CLAIMING THROUGH THE OTHER PARTY), IN THE AGGREGATE, FOR DAMAGES, IF ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT FORESEEABLE.
- EXCEPT FOR THE EXCLUDED CLAIMS, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY (OR ANY THIRD PARTY CLAIMING THROUGH THE OTHER PARTY) FOR ANY LOST OR INACCURATE DATA, LOST PROFITS, LOST OR INTERRUPTED USE, OR SIMILAR ECONOMIC LOSSES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES ARISING OUT OF OR IN ANY MANNER RELATED TO THESE TERMS, WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT FORESEEABLE.
13. Term and Termination:
13.1 These Terms commence from that date you access, use or register yourself on the Platform, and continue until terminated under its terms.
13.2 These Terms may be terminated by either Party giving fourteen (14) days’ notice in writing to the other Party.
13.3 Your insurance policy may contain a right to cancel within a specified period of time after taking up the policy. In the event that You fail to pay Your premium by the due date the insurance may be cancelled forthwith or by insurers, giving notice of the cancellation. In the event of cancellation of the insurance contract, insurers may return a pro rata premium to us.
13.4 You agree that BBM, in its sole discretion, may deactivate your account or otherwise terminate your use of the Platform with or without reason, including, without limitation, if BBM believes that you have:
- 13.4.1 breached the Terms;
- 13.4.2 infringed the IPR of a third party;
- 13.4.3 divulged false, incorrect or misleading information on the Platform; or
- 13.4.4 violated or acted inconsistently with the letter or spirit of these Terms or Applicable Law.
13.5 You agree that any deactivation or termination of your access to the Platforms may be effected without prior notice to you and that BBM shall not be liable to you nor any third party for any termination of your account. You also acknowledge that BBM may retain and store your information on BBM’s systems notwithstanding any termination of your account.
14. Proper Conduct:
14.1 Compliance with Law:
Each Party will comply with all Applicable Law in its performance of these Terms.
14.2 Responsibility for Security and Integrity of Your Data:
BBM shall employ and establish adequate security measures and mechanisms to protect Your personal data in accordance with the standards applicable in accordance with all Applicable Law, including but not limited to personal data protection. However, You are solely responsible for adequately duplicating, documenting, and protecting your Data at your end, and BBM assumes no liability for your failure to do so. BBM’s access to Your Data is subject to the following terms:
- You may withdraw Your consent to the processing of any personal data by BBM and are solely responsible for both the duration and configuration of the scope of access to your Data. Your withdrawal of Your consent shall not affect the legality and lawfulness of the processing of your data made based on the consent given by You prior to such withdrawal;
- You are solely responsible for access control management and must ensure that any access to Your Data that You grant to BBM/the Platform is limited to read-only access (unless otherwise required to perform the services under these Terms); and
- You will limit access to any of Your Data that is unencrypted or contains personal data and, if such access is granted to BBM, it shall be stored, processed, and utilized only for the purpose for which the access is granted...
15.1 Revision of Terms:
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Platform and/or Programs after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
BBM may freely transfer or assign any portion of its rights or delegate its obligations under these Terms. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms without the prior written consent of BBM.
15.3 Governing Law and Jurisdiction:
This Agreement, and all transactions contemplated hereby, shall be governed by, construed and enforced in accordance with the laws of the United Arab Emirates. In the event of any dispute arising between the Parties in relation to this Platform such dispute shall be referred to the jurisdiction of Courts of Abu Dhabi for resolution.
If any part of these Terms is held by a court or other tribunal of competent jurisdiction to be unenforceable, that part will be deemed [as removed to the extent of such unenforceability and modified] to effectuate the parties’ intentions, and the rest of these Terms will remain in full force and effect.
15.5 Force Majeure:
BBM shall have no liability under these terms or any program-specific terms shared with you, to the extent arising from any failure of BBM to perform any of its obligations under these terms or any program-specific terms shared with you, due to any fire, flood, earthquakes, other acts of god, war, civil unrest, terrorism, epidemic, pandemic, internet failures, governmental act or court order, national emergency, strikes or labour disputes or any other event not within BBM 's reasonable control. BBM shall not be responsible for damage or other problems caused by any unauthorised change to these Terms made by way of hacking or cracking this page.
15.6 Entire Agreement:
15.7 Contact Us
If you have any concerns or queries, please reach out to us. We shall undertake all reasonable efforts to address your concerns or queries at the earliest possible opportunity. You may contact us at:
Phone: + 971 2 676 1939
(Timings: 8 AM to 5 PM, GST – Monday to Friday, except holidays)
Any notice or communication that may be required to be given to BBM/the Platform under these Terms shared with you may be sent by writing or emailing to the following addresses:
P.O Box 111566, Abu Dhabi, UAE