Terms of Business Agreement — Consumers
CONSUMER TOBA · TOBA V2 JUNE 2024
Please note: without reasonable changes we are unable to work with clients who lack capacity (i.e. an inability to make decisions for yourself) with no responsible person to represent them.
Please read this document carefully. It sets out the terms and conditions on which we agree to act for you, together with our responsibilities and your responsibilities to us, to insurers and to other third-party providers. Please contact us immediately if there is anything in this document that you do not understand or with which you disagree.
In the interests of security, staff training and to generally improve our service, please be aware that telephone calls may be monitored and/or recorded.
Our Service
GMG EventLiability is a trading style of GMG Insurance Brokers, who are an Appointed Representative of Movo Partnership Ltd. Movo Partnership Ltd is authorised and regulated by the Financial Conduct Authority. Our Financial Services Register number is 823503. These details can be checked on the Financial Services Register at register.fca.org.uk or by contacting the FCA on 0300 500 8082.
We are permitted to arrange, advise on, deal as agent of insurers, assist in claims handling, help with ongoing changes, introduce to an insurer/finance provider(s), arrange lending facilities, and collect and administer debt in respect of general insurance policies on behalf of our clients.
We have access to leading insurers and often select your insurance product from a wide range of insurers; on occasion we use a select panel. At our discretion, we offer clients the option to pay by instalments through a finance provider. We will always advise you of our selection range prior to your committing to a policy or finance agreement.
Upon assessment of your requirements we will make a recommendation, confirmed in a demands and needs statement. In some circumstances we may not provide advice (for example renewing your cover with the existing insurer without re-broking); where this is the case we will make it clear in our documentation.
Limitation of Liability
We will exercise reasonable skill and care in performing our services, but we cannot be held responsible for advice, recommendations or actions based upon incorrect or inadequate disclosure of material information by clients or their agents. The liability of GMG Insurance Brokers, howsoever arising, shall not exceed in aggregate the sum of £2,000,000. These limitations do not apply to liability for personal injury or death caused by our negligence, for fraud or fraudulent misrepresentation, or in circumstances which cannot be excluded by law.
Our Remuneration and Other Income
We reserve the right, at our discretion, to make an administration charge. A breakdown of any fee/s will be provided at quotation. Fees may apply (but are not limited) to:
- Arranging new policies
- Mid-term adjustments
- Renewals
- Replacement/duplicate certificates or cover notes
Mid-term cancellations and other refunds are refunded NET of commission. We may charge an administration fee for mid-term adjustments. We receive commissions from insurers when we place your insurance policies, and this commission rate can vary.
Information We Need to Know
You must take reasonable care to provide complete, accurate and honest answers to the questions we ask when you take out, make changes to, and renew your policy. If any of the information provided is not complete and accurate:
- Your insurer may cancel your policy and treat it as if it never existed;
- Your insurer may refuse to pay any claim;
- Your insurer may not pay any claim in full;
- Your insurer may revise the premium and/or change the compulsory excess; or
- The extent of cover may be affected.
Renewal of Contract
We will write to you in good time before your renewal date, offering renewal terms or telling you where we are not inviting renewal. Renewal is based on the information you supplied when we arranged your current contract plus any amendments during the period of cover. It is important you tell us about any changes to your requirements.
Payment of the Premium
Where renewal terms are offered and your insurance is paid by continuous monthly direct debit, in the absence of a response from you some insurers will deem this as your consent to renew automatically. You must provide the premium due in cleared funds in accordance with the amounts and dates specified in our payment options schedule. Failure to meet the payment date may lead to insurers cancelling your policy.
Cancellation Rights
A personal policy lasting for more than one calendar month offers you the facility to cancel cover (providing there have been no claims) within 14 days from the policy start date or the date you receive full policy documentation, whichever is later. You will be entitled to a refund of premium less our administration charge and a charge by your insurer for the time cover was in place.
Refund Procedures
Where you cancel outside the 14-day cancellation period, we reserve the right to charge for our time providing advice and administration. For some insurance contracts, insurers will not provide refunds for mid-term cancellation. We do not provide refund payments of less than £25.
Client and Insurer Money
GMG Insurance Brokers are not authorised to handle client monies; all client money is handled by Movo Partnership Ltd. Movo Partnership Ltd hold all client money in a trust account (a non-statutory trust), the purpose of which is to protect you in the event of financial failure since, in such circumstances, general creditors would not be able to make claims on client money.
Movo Partnership Ltd may pass client money to another intermediary (including outside the UK) or hold investments of equivalent value in place of cash. Where risk transfer agreements are in place with insurers, the insurer accepts responsibility for premiums you have paid us and for premium refunds or claims payments until received by you.
Data Protection
We collect and store your personal and financial information in accordance with the UK GDPR and the Data Protection Act 2018. We are the data controller. We use your information to provide our services, verify your identity, comply with legal obligations and (where appropriate) pass information to group companies, verification providers, lenders, insurers and platform providers. Please see our Privacy Policy for full details, including your rights of access, rectification and erasure.
Termination of Agreement
Our agreement may be terminated by either party giving 14 days' notice in writing. You will be liable for any outstanding transactions or adjustments prior to termination, without penalty fee provided they are settled immediately. We retain any fees or commission payable in relation to business transacted prior to termination.
Law and Jurisdiction
These Terms of Business are governed by the laws of England and the exclusive jurisdiction of the English courts unless otherwise agreed.
Complaints
Should you need to make a complaint please contact our Complaints Manager:
- Email: complaints@movopartnership.co.uk
- Post: Complaints Manager, Movo Partnership Ltd, Movo House, 33 Green Lane, Chislehurst, BR7 6AG
We aim to resolve complaints within 3 business days; if not, we will write within five working days to acknowledge your complaint. We aim to provide a final response within eight weeks. If you are dissatisfied with our final response — or we have been unable to provide one within 8 weeks — you may be eligible to refer the matter to the Financial Ombudsman Service free of charge ( financial-ombudsman.org.uk). You must do so within six months of our final response.
Solvency and Compensation
We do not guarantee the solvency of any insurer we place business with. We are covered by the Financial Services Compensation Scheme (FSCS) for insurance mediation only; this does not extend to consumer credit broking. Insurance advising and arranging is covered for 90% of the claim with no upper limit, although compulsory insurance is protected in full. Further details at www.fscs.org.uk.
Conflicts of Interest
We never deliberately put ourselves in a position where our interests, or duty to another party, prevent us from discharging our duty to you. Where we become aware of any actual or potential conflict we will tell you about the situation, the options available and ask for your consent to proceed.
Bribery, Sanctions and Anti-Money Laundering
We do not bribe or use any other means to improperly influence the decisions of clients, potential clients or government officials. Our business is structured so as to comply with the Bribery Act 2010 and applicable international economic, financial and trade sanctions legislation.