Legal

Terms and Conditions of Website Use and Policy Sales

These terms and conditions ("Terms") apply whenever you apply for, amend, renew or cancel any insurance policy ("Policy") through our website (the "Website") or otherwise from us and whenever you make use of the Website. These Terms of Sale should be read alongside, and are in addition, to our privacy policy (accessible online at www.marketguard.com/privacy.php) ("Privacy Policy").

Please read these Terms carefully and print a copy for your future reference. By buying a Policy from us and/or by using our Website, you agree that you have read, understood and agree to these Terms and the Privacy Policy (each as amended from time to time). If you do not agree to these Terms, you must not buy any Policy from us or make use of the Website.

About us

MarketGuard Insurance Company Limited (referred to in these Terms as "we", "our" or "us") is a company registered in Gibraltar, whose registered number is 96625 and whose registered address is at PO Box 1338, 1st Floor, Grand Ocean Plaza, Gibraltar.

MarketGuard is authorised by the Gibraltar Financial Services Commission. It is a member of the Association of British Insurers (ABI), and is covered by the Financial Services Compensation Scheme (FSCS) and the Financial Ombudsman Service (FOS).

We do not give advice on the suitability of our Policies and nothing on the Website should be construed as financial or professional advice. If you are unsure about purchasing any of our Policies, you should contact an FSA-authorised firm that specialises in advising on our Policies and other similar products.

Should you have any questions about these Terms or the Website or wish to contact us for any reason whatsoever, please use the contact details set out below:

Post: MarketGuard Insurance Company Limited, PO Box 1338, 1st Floor, Grand Ocean Plaza, Gibraltar
Telephone: 0844 55 55 444
E-mail: General enquiries

About you

By ordering any Policies from us and for using the Website, you confirm that you are:

• over 18 years old;
• resident in the United Kingdom (if an individual) or incorporated and carrying on business in the United Kingdom (if a body corporate);
• where relevant, applying for Policies for use in the United Kingdom; and
• for RateGuard in respect of a secured loan, the property on which the loan is secured is in the United Kingdom.

If any of the above is incorrect, you must not buy any Policy from this Website or continue to use the Website and we reserve the right, in our sole discretion, to refuse your request to buy a Policy. The Website is directed at those who can access the Website from the UK and is intended for UK residents only.

Your use of the Website

You agree to use the Website only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else's enjoyment of the Website.

You are permitted to download and print content from the Website solely for your own personal domestic use. Website content must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the content of this Website or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of the Website for commercial exploitation in any circumstances.

We will do our best to maintain the Website in an acceptable working condition. However, as we cannot guarantee this, we do not accept responsibility for any interruptions or failures in the operation of the Website or for any defect that may exist, or for any costs, loss of profits, loss of data or consequential losses arising from your use of, or inability to access or use the Website.

We take care to ensure that the information contained on the Website is accurate and up to date. However, we make no representations or warranties about the accuracy, completeness, reliability or suitability of information or related graphics published on the Website which may contain technical inaccuracies and typographical errors.

Access to the Website may be suspended temporarily or permanently without notice.

We reserve the right at anytime and from time to time to add to, modify or remove any content from the Website.

Policy descriptions

All general Policy descriptions contained on the Website are provided in good faith but are intended as guidance only. General information and descriptions are not intended to be complete descriptions of all the terms, conditions and exclusions applicable. Each Policy has its own terms and conditions ("Policy Terms") set out in the relevant Policy Document and therefore the precise coverage afforded by any Policy is subject to the terms, conditions and exclusions of the Policy Terms.

All prices shown on the Website are in pounds sterling and inclusive of Insurance Premium Tax ("IPT") at the relevant rate.

You acknowledge that we own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Products and the Website ("IPR").

If any IPR vests in you, whether by operation of law or otherwise, you hereby assign to us all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to the Policies and the Website. You also agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any IPR to us, to carry out the intended purpose of these Terms or to establish, perfect, preserve or enforce our rights under these Terms.

How to apply for a MarketGuard Insurance policy

You can apply for a RateGuard, IndexGuard or CurrencyGuard policy from an authorised MarketGuard distributor. You will have to read the Policy Summary before you apply to be sure the Policy is suitable for you before you apply. If there is a conflict between these Terms and the Policy Summary or Policy Document which you will receive once we have agreed your cover (or you can ask for a copy of in advance), the Policy Document will prevail. By using this Website you agree to the Terms in force at the time of use and Policy Document in force at the time you buy your Policy (as amended from time to time in accordance with the Policy Document).

You will also have to agree to our Privacy Policy before you confirm your application. We will collect, store and use your information in accordance with our Privacy Policy.

You must complete the questions on the application form. You must answer all questions accurately and honestly. If you are not sure how to answer any question, or do not have up to date information, you should seek appropriate assistance or advice. If you apply for, and we agree to sell you, any Policy based on false information provided by you, the Policy will be void.

You will need to specify an account to which we make any payments due under the Policy and pay at least the first monthly premium online by payment card. The payment account and the payment card must be in the name of the policyholder.

If we accept your application, your cover under the Policy will start at midnight following processing of your payment. The cancellation period explained in the Policy Summary and Policy Document will also start at that time.

The content of the Website does not constitute an offer by us to sell our Policies. When you apply for one of our Policies, your order represents an offer to us to purchase that Policy, which we may choose to accept or refuse – it does not represent a legally binding contract. Your offer is accepted by us, assuming you are eligible, and becomes binding only when we expressly confirm your order in writing (either by email or otherwise).

Payment for Policies

During the application process, you will be asked to complete your payment details. All highlighted fields must be completed. We are licensed by the Office of Fair Trading (OFT) as a credit broker, number 621047. When applying for a monthly premium policy, you must complete a Direct Debit when you apply, and you need to pay the first monthly premium using one of the accepted card types.

All card payments are subject to authorisation by your card issuer. If your payment is not authorised, we will not issue you with a Policy. We will notify you in writing (which may include e-mail) that you do not have a Policy.

The credit or debit card you use must be in your name.

If any monthly premium is not paid (where you take out a monthly premium policy), we reserve the right to cancel the policy.

Delivery of the Policy Documents

We will post your Policy Documents to the address you provide in the application form and confirm your cover and send you your Policy Schedule by email. If any documents we post to you are returned by the Post Office, we will try to contact you by to find out the reason. If we cannot contact you, we may cancel the Policy and write again to you at the address you provided, and email you, explaining the consequences of cancellation.

Our liability to you

We will use reasonable skill and care in dealing with any application you make which is accepted by us. However, we exclude, subject to Clause 8.5, all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law.

Save as expressly set out in these Terms, we will not be liable for loss or damage to you arising out of or in connection with a request to buy a Product by you, your use of this Website or the information in it. This applies to damage and loss of all kinds including (without limitation) any compensatory, direct, special, indirect, incidental, consequential or economic loss, loss of profits or revenues, loss of data, loss of or damage to property or third party claims howsoever caused.

We will not be liable to you where we breach these Terms due to any cause that is beyond our reasonable control, including any failure or delay in the public Internet or by any communications network or service provider, any acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.

Nothing in these Terms shall limit our liability for personal injury, death or fraud or exclude any duties we owe to you under applicable regulatory laws or the regulatory system.

This clause does not affect your statutory rights as a consumer.

Cancellation

Once we have issued you with a Policy, you may cancel it only in accordance with the cancellation provisions in the Policy Document.

Other important terms

We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.

These Terms supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.

You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing.

No relaxation or delay by us in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.

Only you and we shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These Terms are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms or your use of the Website, you and we shall submit to the exclusive jurisdiction of the English courts.