The following Terms of Business Agreement sets out the basis on which PolicyCastle Limited (‘PolicyCastle’, ‘We’, ‘Us’, ‘Our’) will provide business services to You (“You”).
We take our obligations to our customers very very seriously. Please read these terms carefully. This document sets out the legal basis on which We agree to act and contains details of Our regulatory and statutory responsibilities.
Please contact us immediately if there is anything in these Terms of Business which You do not understand or with which You disagree. We will be happy to answer any questions and will be willing to explain these terms and the reasons for them.
By using this Website You agree to these Terms of Business. If You do not wish to be bound by them You should not use this Website. The Financial Conduct Authority is the independent watchdog that regulates financial services.
Contained in this document is information which the Financial Conduct Authority requires us to tell You. Use this information to decide if Our services are right for You.
Depending on the type of policy, We deal with either a limited number of insurers or a single insurer; however, We are not contractually bound to do business in this way. A list of all the insurers We deal with is available on request.
You must only use PolicyCastle for personal use and nothing will constitute an offer or promotion for services outside of the United Kingdom.
If You purchase an insurance policy, and for all subsequent transactions, We will be paid a commission by the relevant insurer as agreed between that company and us.
- You have a cancellation right which is set out in the policy document.
- You are also entitled to a 'cooling off' period, which ends 14 days after You receive Your policy documents. Any other cancellation rights will be shown in the policy document.
It is not economic or practical to issue refund cheques of very small amounts. Accordingly, where a transaction would result in a refund to You from us of less than £1, this nominal amount will be retained by us as an additional service charge.
Type of transaction Service charge:
Quotation (all policy types): No charge unless stated otherwise in Our documentation.
New policy inception and credit card charges: £12
Policy renewal: £12 (includes credit card charges)
Foreign use extensions on motor policies: No charge
Any other changes to existing policies: No charge
We will normally deal with any requests to increase or amend cover on the day Your instructions are received, or the next working day if a Weekend or public holiday. Sometimes changes cannot be processed without obtaining additional information. If additional information is required We will contact You as quickly as possible.
Where a transaction results in a premium refund being due to You, that refund will be reduced by any service charge and any other sums owing in respect of the policy.
Cancellations within the 'cooling off' period: £5. Not charged if the insurance is cancelled prior to the commencement date of Your insurance. Cancellations after the 'cooling off' period: £5.
Payment by credit card: 1.4% of the total amount payable plus 20 pence. This charge is included in the charges stated above.
Referral to a Debt Collection Agency: £25. Payable if You fall into arrears under this agreement and We need to instruct a Debt Collection Agency to seek to recover the amount You owe under this agreement.
Where failure to supply us with proof of no claims bonus results in an additional premium and/or service charges being applied, PolicyCastle may (but accepts no responsibility to) collect the additional amounts via Your current payment method. We will give You notice of this. If payment or proof of no claims bonus is not received You authorise us to instruct the insurers to cancel Your insurance.
If You cancel Your insurance, before the end of the 'cooling off' period, You will be charged by the insurer for the service they have provided up to the point of cancellation. We will also make a cancellation charge of £5. Our new policy inception or policy renewal service charge and any credit card handling charge made for arranging Your insurance will be refunded. If We have given You a discount off Your premium at inception this will be deducted on a pro rata basis from any refund due to You on cancellation. Where a cancellation or other transaction results in a premium refund being due to You, that refund will be reduced by any sums You owe in respect of the policy.
After the 'cooling off' period:
Some insurers do not provide a refund if the policy is cancelled after the cooling off period. Your policy document will set out Your insurer's terms in this respect and any applicable cancellation charges made by Your insurer. We will also make a cancellation charge of £5. Our new policy inception or policy renewal service charge and any credit card handling charge made for arranging Your insurance will not be refunded.
If We have given You a discount off Your premium at inception this will be deducted on a pro rata basis from any refund due to You on cancellation. Where a cancellation or other transaction results in a premium refund being due to You, that refund will be reduced by any service charge and any other sums You owe in respect of the policy.
Cancellation of Legal Policies, Excess Insurance and Windscreen Cover
If You cancel Your insurance, any associated Legal Protection policy You purchased will also be cancelled. If this occurs within the 'cooling off' period a full refund of the cost of the Legal Protection policy will be provided. However, if this occurs after the 'cooling off' period no refund will be given.
We collect premiums as the agent of the insurer. This means that once We have received the premium from You it is treated as having been paid to the insurer. Where an insurer refunds all or part of a premium (for example, in the event of the cancellation of a policy), the refund will be paid to us and We will pay it to You.
You authorise us to retain this and/or to apply it against payment by You of any money You owe us.
Our complaints process is fair and accessible and We aim to put things right if We’ve made a mistake. We want You to be confident and comfortable in Your dealings with us. We will always attempt to resolve Your complaint by close of business the following working day. If this is not possible We will normally send You an acknowledgement of Your complaint within five working days of its receipt. If We are unable to resolve Your complaint within eight Weeks We will send You a final response which will enable You, if You wish, to contact the Financial Ombudsman Service. Email: firstname.lastname@example.org Website: www.financial-ombudsman.org.uk Following the above complaints procedure will not affect Your legal rights.
When You take out, renew or alter any policy, the information You supply to us is the basis on which Your cover and premium are agreed. If that information is incorrect, misrepresented or anything changes, please let us know immediately as it could invalidate Your policy or result in a claim not being paid.
Any changes in information supplied will be accepted from You either verbally or in writing. Remember, You should always tell us about any change immediately – please don’t wait until Your renewal.
You must take care to answer all questions fully and accurately to the best of Your reasonable knowledge. This must include anything that may affect an insurer's decision to issue a policy or to continue cover. If You are unsure whether a fact is relevant, please tell us anyway. For vehicles, You must tell us all relevant facts relating to the vehicle or to anyone who will drive the vehicle and in the case of home insurance, for the property itself and all members of the household.
We may not maintain a permanent record of all information disclosed to us and it is Your responsibility to take care to:
- re-disclose all relevant facts when asked
- ensure that all statements made to insurers, whether in the proposal (application) form or elsewhere are correct
- ensure the accuracy of information supplied
It is Your responsibility, under the Road Traffic Act, to ensure You have a current, valid certificate of motor insurance or cover note before You use or permit someone else to use Your vehicle on the public highway. If Your current cover note or certificate of motor insurance expires, You must contact us immediately, as You may not have any insurance cover until We can issue a replacement cover note or certificate of motor insurance. If You wish to take Your vehicle abroad please contact us before You travel so that We can confirm Your motor insurance is fully operative for Your journey.
If any provision of this Terms of Business Agreement are held by a competent authority to be invalid or unenforceable the validity of the remaining Terms will not be affected.
No other person may benefit or rely on these Terms of Business.
On registering with us, You may be issued with a user name and password which must be used in order to access certain restricted parts of the Website. The user name and password are personal to You and are not transferable. Your name and password are the methods used by us to identify You and, so, are very important. You are responsible for all information posted on the Website by anyone using Your user name and password and any payments due for services accessed through the Website by anyone using Your user name and password. Any breach of security of a user name and password should be notified to us immediately. You may not adapt or circumvent the systems in place in connection with the Website, nor access the Website other than through normal operations.
We will usually contact You by email, SMS text or phone. By providing Your email address, You are agreeing to us communicating with You by email. If You email a request to arrange insurance cover or to amend any details under an existing policy, insurance cover will not be in force until Your insurer has agreed to provide cover and We have confirmed this to You. You must take reasonable steps to ensure that email messages are complete and accurate, free of harmful viruses and secure, so that they cannot be altered in course of transmission.
You must pay Your premium by the date specified to You with Your quotation, in order for the insurance to be in force. You may pay Your premium by credit card.
At least 21 days before Your renewal You will be contacted about Your renewal requirements. For Your insurance cover to continue, You must instruct us on or before the date on which Your policy is due to expire. There are no ‘days of grace' and You are responsible for making sure Your insurance is valid and in force. If We do not manage to contact You or if You don’t wish to decide at that time, then We will send You an email setting out Your renewal quote and will ask You to contact us.
In circumstances where the insurer is unable to offer cover, or instances such as Your credit card no longer being active We may be unable to automatically renew Your policy. If You do not wish us to take this action, please tell us at any time up to 7 days before Your renewal date. If We do not hear from You to the contrary, We will treat it that You agree to this.
If the claim involves damage to Your property, please do not:
- Dispose of damaged items; and/or
- Authorise repair work (except in an emergency or to prevent further damage) until Your insurers or We advise that You can.
You should be aware that a claim arising after renewal of the policy has been invited, may affect the assessment and acceptance of renewal by Your insurers.
PolicyCastle takes no responsibility for fraudulent claims submitted by You and any action taken by the insurer against You.
If You make a claim under a policy, and then cancel the policy, You must immediately pay the full premium for that policy or any balance of it that is outstanding at that time.
If you do obtain credit from us, the terms and conditions of the credit are contained in a separate document called a credit agreement. You will receive a copy of the credit agreement, for You to sign. The credit agreement is a legally binding document and You must read it carefully before signing and returning it to us. In addition to the credit agreement, You will be provided with a document called the "Standard European Consumer Credit Information, (SECCI)". This is also an important document as it gives a summary of the key details about Your credit. Please read the SECCI carefully, to ensure You understand the commitments You are entering into.
Important: Our right to cancel Your insurance
If You choose to pay by Direct Debit or any other payment offer, You will be provided with a Consumer Credit Agreement or Instalment Agreement to sign. You are reminded that it is a term of both agreements that You authorise us to instruct the insurers to cancel Your insurance if any Direct Debit or instalment payment, or any other amount due under those agreements, is in arrears and not paid on time. Should any payments be reclaimed by Your bank under the Direct Debit Guarantee, the full balance of premium and associated charges will fall due immediately. If this payment is not made You authorise us to instruct the insurers to cancel Your insurance. If any credit or debit card payments used to pay for Your insurance are reclaimed by the card holders bank the full balance of the premium and associated charges will fall due immediately. If this payment is not made You authorise us to instruct the insurers to cancel Your insurance.
All information You provide is treated as confidential and only disclosed in the normal course of negotiating, arranging and administering Your insurance and on an anonymised basis for data analysis. All of this may include (but shall not be limited to) disclosing information to agents, insurers and service providers such as loss adjusters and approved contractors.
With a few exceptions, for example information requested by a court, a regulatory body, or information which is already in the public domain, We will not release information to any other party without Your consent.
We may also use the data We hold about You to provide You with information about other products and services which We feel are appropriate. You are requested to let us know if You do not want to receive this information.
Protecting Your information is important to us. PolicyCastle has security measures in place which are considered appropriate to the nature of the information and the harm that might result from a breach of security. We will abide by the stated principles of the Data Protection Act 1988 at all times. We are registered with the Information Commissioner as Data Controller and Processor. Details of the Data Protection Act can be viewed on the Information Commissioner's Website at www.ico.org.uk. We will use information We hold about You in the normal course of arranging, analysing and administering insurance, and also to provide you with information that we believe will be relevant to you.
We may use Your personal data to inform You about other products and services that We feel may be of interest to You, via, telephone, email or other electronic messaging services. If You do not wish to receive marketing information from us by these methods or if You have any queries about how We use Your information then please let us know by emailing email@example.com.
All insurers provide details of their policies and policyholders to databases accessed by other insurers and the police. This helps to detect uninsured drivers, reduce fraud and assists when dealing with claims. When You agree an insurance policy with us, You confirm Your agreement to having details of Your policy placed on the databases operated by insurers in the effort to prevent crime.
All Our business partners adhere to the Data Protection Act, are registered with the Information Commissioner and as such are directly responsible to the Commissioner for the way in which they manage their data.
Details of all motor insurance policies taken out in the United Kingdom are automatically added to the Motor Insurance Database (MID), managed by the Motor Insurers' Bureau. This database may be consulted by authorities such as the police to identify uninsured drivers and by the Driver & Vehicle Licensing Authority in connection with its Electronic Vehicle Licensing operations. Further information is available at www.mib.org.uk.
For Your protection We will:
- Not hold more information about You than is required for the purposes for which it is being processed
- Make reasonable endeavours to ensure that any information about You is accurate and kept up to date
- Not keep Your personal information for longer than is necessary or as required by law
- Process Your personal information in accordance with Your rights under the Data Protection Act 1998
We may receive information directly from You or Your authorised representatives when You or Your representative obtains a quote, starting, renewing or amending a policy or making a claim. This information will consist of the following:
- All information, including all personal and sensitive information (sensitive information may include health and previous convictions) that is provided to us when completing an application for a quote for any insurance policy or updating Your personal records;
- Details of all previous quotes for insurance requested from us;
- Details of all policies held with us including dates of purchase, lapse and cancellation;
- Details of claims on policies held with us;
- Your payment history relating to policies held with us; and
- The length of time You have been a customer with us.
- From third parties such as credit reference or debt collection agencies (e.g.to confirm Your personal data); and
- From insurers, witnesses, third parties and solicitors (e.g. accident details).
- To assess Your application or renewal for an insurance quote;
- To submit Your application to either one insurer or Our panel of insurers to enable us to provide You with a quote or multiple quotes as applicable;
- To assess Your financial standing;
- To confirm Your identity;
- To prevent fraud;
- To verify the information provided;
- To administer and maintain Your insurances;
- To prepare analytical data, on an anonymised basis for commercial research;
- To assist You with claims and enquiries;
- To maintain Your insurance records with insurers;
- To provide you with information that we believe will be relevant to you;
- To tell You about other insurance and related products and offers from PolicyCastle and selected third parties (see below);
- To share with other carefully selected parties for these purposes;
- To enable us to conduct market research and statistical analysis to help us understand Your insurance buying preferences; and
- To facilitate Our quality and compliance monitoring.
- To the police in response to a request; and
- To other bodies in response to legislative/court orders.
You should also be aware that We and most of the insurers We deal with have a sharing of information agreement to prevent fraud. Whenever You arrange Your insurance through us, this will be on the basis that You agree to Your claims information being passed onto the Claim Underwriting Exchange. To help prevent fraudulent claims, We and Your insurer exchange information with other insurers through various databases. Also to help detect people who break the law by not having insurance, Your insurer will supply details of Your motor insurance to a database which can be accessed by the police or other insurers.
What are your rights?
Under the Data Protection Act 1998 You have certain rights in relation to the information We hold about You: You may request details of the information that We hold about You by sending an email to firstname.lastname@example.org. Details will be provided to You within 40 days of us receiving Your request. Telephone calls to us may be recorded for Our joint protection for training, administrative and quality purposes. We may engage third parties to carry out quality and compliance monitoring on Our behalf and customer data including recorded calls is made available to such third parties for this purpose.
- We will validate your name and address details with credit and fraud prevention agencies who will search public records such as the register of County Court Judgments, the Electoral Register and Bankruptcy records. A record of these searches will not be visible to other lenders when they carry out future credit checks.
- If You consent, We, or the relevant insurer will search files made available by credit reference agencies. A record of this search will be visible to other lenders when they carry out future credit checks. We, or the relevant insurer may also pass to credit reference agencies information we (or the relevant insurer) hold about You and your payment record. Credit reference agencies share information with other organisations, enabling applications for financial products to be assessed or to assist the tracing of debtors, or to prevent fraud. The relevant insurer may ask credit reference agencies to provide a credit scoring computation. Credit scoring uses a number of factors to work out risks involved in any application. A score is given to each factor and a total score obtained and this together with other factors would be used to accept or reject any application for credit to the relevant insurer
We do not guarantee that the Website will be fault free and do not accept liability for any errors or omissions. The information on the Website does not necessarily represent complete details of all terms, conditions and exclusions and the precise cover provided will be included in the policy documents and other related documents issued to You.
If You apply for any product or service detailed on the Website, these terms and 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 conflict between these terms and conditions and the specific product or service terms and conditions, the latter shall prevail. Prices and details of products and services posted on the Website are subject to change without notice. All products and services are subject to availability and We give no guarantee in this regard.
We accept no liability for data supplied by any user for display on the Website. If You submit data for display on the Website You are responsible for ensuring that the data is accurate, complete and up to date and for updating that data where necessary.
If You submit data for display on the Website You are responsible for ensuring that no data is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties. You warrant that You have taken all reasonable precautions to ensure that any data You upload or otherwise submit to the Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology. We reserve the right (without limiting Our rights to seek other remedies) to remove offending material placed on the Website that We consider to constitute a misuse of the Website or which is otherwise harmful to other users of the Website. You will indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of Your failure to observe any of the terms of this condition.
Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the Website, any liability We may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall We be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this agreement or use of the Website save where such liability cannot be excluded by law. We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
The copyright in the material contained in the Website, together with the Website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to PolicyCastle, its subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed for any commercial purpose whatsoever without Our written permission. You may, however, download or print a single copy for Your own non-commercial off-line viewing. All data contained in or extracted from the Website using a quote generator (including any premiums) belongs to PolicyCastle, its subsidiaries or the providers of such information. All rights are reserved. None of this data may be reproduced, redistributed or used in any price or premium comparison without Our written permission. Logos, names, images and trademarks on the Website are proprietary rights of PolicyCastle. Nothing on the Website confers on any user the right to use any such logo, name, image or trademark.