Terms of Use

 

Marathon Insurance Brokers (MIB) maintains this web site as a service to our customers. By using our site, you agree to comply with and be bound by the Terms of Use and any other conditions contained on the Site. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain goods or products from this site.

Acceptance of agreement
You agree to the terms and conditions contained in this terms of use agreement ("agreement") with respect to our site (the "site"). This agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, the content, products or services provided by or through the site and the subject matter of this agreement.

You are responsible for all access to the site using your internet connection, even if the access is by another person.

Your permission to use this site is personal to you and non-transferable, and you may not use this site otherwise than for the permitted purpose in connection with the acquisition of the services of MIB.

Disclaimer and limits of Warranties
All information and all material from or through the site (including but not limited to all products and services) are provided "as is," "as available," and MIB gives no warranties expressed or implied about the contents, nature (including, but not limited to, any implied warranties of merchantability, title, non-infringement or accuracy), said warranties are hereby disclaimed.

No advice or information, whether oral or written, obtained by you from us through the site shall create any warranty, representation or guarantee not expressly stated in this agree-ment.

MIB seeks to provide accurate information on its products and services and their descriptions. Notwithstanding, the information provided on this site may contain inaccuracies or typographical errors. MIB does not warrant that its service will be error free, complete or timely and disclaims all liability for such errors, interruptions, completeness or delays.

MIB shall not be liable for the unavailability at any time of the AUTODATA SERVICES, whatever shall be the cause of such unavailability.

Without limitation to the above, MIB disclaims all warranties of any type or nature whether expressed or implied regarding any Third Party or any website owned by any Third Party who are linked to the site. MIB linkage does not whether now or at anytime constitute an endorsement of said Third Parties and is not responsible for the reliability, accuracy or merchantability of any product or service obtained from these Third Parties.

Limitations of Liabilities
MIB, its agents, employees or assigns, directors and officers shall not be liable whether now or anytime for any: damages caused directly or indirectly, incidental or consequential damages, loss of data or loss of income or profit, loss of or damage to property caused by any of its services or products or for any claims caused by any third party including linked web parties brought by any persons whether in law or equity.

You agree that MIB will not be liable for any damages caused by viruses contained within the electronic file contained in any form or document accessed from this site or any failure of communication lines, theft or unauthorized use of your personal information.

Electronic disclosure, consent and signature
You agree that MIB may provide you with all disclosures, advisories and other communications, about its products and services, including but not limited to financial statements, policy documents, quotations for services, transaction receipts, and documents requiring your signature, in electronic form by way of posting on the MIB website or sending to the email address provided by you. MIB, at your request may also provide these documents in non-electronic forms without any fee. You have the right to withdraw this consent, but if you do, you may discontinue your online access, including credit card transactions.

If you wish to withdraw please contact MIB:

46 Trinidad Terrace, Kingston 5, Jamaica

Telephone: 1-876 -929-1468, email: mib@cwjamaica.com

As part of the online activities you will, from time to time, be required to give your consent or sign certain documents electronically. This may be done by an option to tick the appropriate box. By ticking the appropriate box you agree that same shall be your electronic signature and you are bound by the terms and conditions of said document as if you had given your written signature.

Accuracy of Information
You warrant that the information provided by you is correct and complete and you further agree to provide correct and complete information in the future on any changes in your personal information. You agree not to hold MIB liable for any damages or consequences arising from your provision of incorrect or inaccurate information.

You agree to take all steps to inform and update MIB on any inaccuracies in your information provided as soon as practicable reasonable.

Communications from you
You agree that all communications from you to MIB shall be accepted as genuine and valid and MIB shall act upon thereto. You further agree that this applies even in cases of conflict in written instructions from you. MIB reserves the sole right not to act upon any of your instructions if it is unsure whether they are accurate or are from you. You acknowledge that giving an instruction or direction through our online service does not guarantee execution of such instruction or direction.

Force Majure
MIB shall not be liable to you for any delay or failure to perform its obligations under this Agreement due to an act of force majure which may include but is not limited to labour unrest, Acts of God such as floods, lightning, hurricane or earthquake; utility, communication or transportation delays or failures; casualty, war, riots, insurrections; embargoes or blockages; actions, restrictions, regulations, or orders of any governmental agency or subdivision.

Privacy, Security Policy and System Security
You are responsible for informing MIB of any changes to your personal information and shall do so as soon as reasonable practicable after the change.

Our privacy policy with all changes and amendments shall form a part of this agreement.

MIB will take reasonable steps to ensure its site does not contain computer viruses. Such efforts constitute MIB’s sole responsibility with regard to possible contamination, and all warranties, express or implied, in that regard are hereby disclaimed and MIB we will not be liable to you for any incidental, special or consequential damages of any kind caused thereby.

MIB uses SSL protocol for transmitting private information via the Internet. SSL uses a private key to encrypt data and creates a secure connection between your browser and our server. This protocol is a standard used by many websites when you submit confidential information, such as credit card numbers and other personal data.

Disclosure of Personal Information
Subject to MIB’s Privacy Policy to which you have agreed by virtue of entering into this agreement it has the right and obligation to disclose information to third parties about your MIB Account and transaction in the following cases:
- When it is necessary for completing transactions or payments initiated/ instructed by you
- To carry out, investigate or resolve a problem related to a payment
- To verify the existence and condition of your Account for a third party, such as a credit bureau or merchant
- Where it is required by any law, regulation or rules in effect from time to time
- To Insurance companies or other insurance brokers
- To subcontractors, agents or employees where it is necessary for the completion of the assigned task
- In all other circumstances where in the discretion of MIB such disclosure is required or deemed necessary.

Use of information
We reserve the right, and you authorize us, to use and assign all information regarding the site used by you and all information provided by you in any manner consistent with our privacy policy.

Third-party services
We allow access to or advertise Third-Party merchant sites ("merchants") from which you may purchase certain goods or services. Should you enter into any agreement or arrangement with these Third Parties, you do so at your own risk and MIB shall not be responsible for any loss or damage of any nature suffered by you as a consequence.

Links to other web sites
The site contains links to other web sites. We are not responsible for the content, accuracy or opinions express on such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our site does not imply approval or endorsement of the linked web site by us. If you decide to leave our site and access these Third Party sites, you do so at your own risk.

Payments and information
You agree that it is your responsibility to provide true and accurate information to MIB and MIB shall not be liable for any loss or damage caused by you providing incorrect or erroneous information. If you suspect your information is correct you agree to contact MIB at: 46 Trinidad Terrace, Kingston 5, Jamaica, and Telephone: 1-876 -929-1468, email: mib@cwjamaica.com

You represent and warrant that if you are purchasing our services from us or from merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honoured by your credit card company, and (iii) in any event once a payment in connection with services is still outstanding to MIB you remain personally liable to pay the charges incurred by you at the posted prices, including any applicable taxes.

MIB shall not be liable for ANY UNAUTHORIZED PAYMENT or use MADE USING YOUR credit card or information prior to you notifying us of possible UNAUTHORIZED USE of said Card or information AND MIB given reasonable opportunity to ACT ON THAT NOTICE.

If MIB suspects that your card and or information is being used in an unauthorized or fraudulent manner, we may suspend or cancel any transaction related thereto. MIB however disclaims any duty to take steps to detect unauthorized or fraudulent use.

Online payments are processed instantly and the outcome will be displayed to you on screen. If you consented to recurring payments, your instalment payments will be processed on the scheduled payment dates using the payment details provided at the time of policy inception. If your credit card details subsequently change, it is your responsibility to update the credit card information by logging in to www.mibinsure.com prior to your next instalment becoming due.

Refunds

If your online transaction results in a return premium, the applicable refund amount will be displayed to you on screen when you submit your transaction. If you require a cash refund, this must be requested from MIB as per the procedure below.

Clients who have an existing loan (i.e. not paid in full) will not be entitled to a cash refund; instead their future instalments will be adjusted to reflect the reduced premium.

Processing fee, stamp duty and endorsement fees are non-refundable.

The procedure for requesting the Refund payment is as follows:

- The request must be sent by via email to mib@cwjamaica.com

- The Credit Officer will review the client’s account and approve the refund if applicable

- The refund cheque will be prepared for collection on Friday of the same week

Cancellation

MIB reserves the right to cancel your insurance policy if:

  1.      You misrepresent any material fact
  2.      You fail to pay your loan
  3.      You fail to submit your supporting documents
  4.      You breach your insurance policy
  5.      Your Insurer declines the risk

Delivery of Proof of Insurance

Upon successful payment transactions, MIBinsure will instantly generate an electronic proof of insurance in the form of Cover Note and/or Debit Note which can be downloaded, printed or saved.

If your payment was interrupted (e.g. power outage) or, if for any reason you do not receive your documents instantly, contact MIB for assistance.

Your original Certificate of Insurance will be held at one of your branches for collection at your convenience.

Service Hours
MIBinsure is accessible and available 24 hours a day, 7 days a week, every day of the year, save and except during system maintenance and upgrades. MIB does not accept liability for any delays or consequences resulting from the system being inaccessible due to technological or technical challenges.

Limitations on Remedies and Damages
In any claim concerning the performance or non-performance by MIB of any term or obligation under this Agreement, or for any claim in damages whatsoever, regardless of the form of action, whether in contract or in tort (including negligence) or otherwise MIB shall be responsible to such amount not in excess of the value of the premium/ principal paid for the product or service.

Copyright
MIB has the complete, exclusive and perpetual right in all material, however presented on this site. You agree to have limited non exclusive revocable right of use through viewing, limited printing and downloading of material from the site and for which MIB has the sole and exclusive right to delete and take down at its discretion.

Indemnification
You agree to hold harmless and indemnify and keep indemnified, defend and hold MIB its officers, directors, employs, agents, heirs, successors and assigns harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to any violation (including but not limited to any breach, non observance, deletions or alteration) of this Agreement or use of the Site by you.

You agree to pay to MIB any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against you or otherwise incurred by or in connection with or arising from, any such claim, suit, action or any proceeding attributable to any such claim.

Notices/ Communication
You agree that all notices of any kind will be published on this site or sent by email to you at the email address provided by you. Notice will be deemed to be effected with 72 hours of publication or email being sent.

MIB reserves the right but not obligation to send notices by non electronic means at its own discretion. Notices may be sent to MIB through its email: mib@cwjamaica.com.

MIB will respond to customer queries within 48 hours.

Country of Operation

MIB is licenced to operate in the country of Jamaica. Accordingly, the insurance sold on MIBinsure is restricted to motor vehicles owned and operated in Jamaica.

Jurisdiction
The terms and conditions and all agreement with MIB and you shall be governed by and enforced in accordance with the laws of Jamaica. The exclusive jurisdiction for any legal proceeding regarding or arising out of this agreement shall be in the courts of Jamaica.

MIB has the sole right and entitlement to enter any photocopy, computer-generated copy or tape recording that it has with you as evidence in any legal proceedings and said copies shall be used as if they were the original document. MIB’s records shall be binding as the conclusive and best evidence of the transactions carried out.

Entire Agreement
This agreement shall except to the extent otherwise provided herein, constitute the full and complete agreement and understanding between MIB and you and supersedes all other agreement and understanding regarding the use of this site.

Waiver
The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.

Severability
If a court of competent jurisdiction shall find any of this agreement to be invalid or enforceable, said part shall be deleted and the remaining parts shall be construed consistent with applicable law and shall remain in effect.

Modification
MIB has the right at its sole discretion to unilaterally modify /amend any terms contained on its site. You will be notified by MIB posting on its site information that the said terms have been modified. You can determine when we last changed the Terms of Use Agreement by referring to the “LAST UPDATED” statement above. Your use of the site following changes to these Terms of Use will constitute your acceptance of those changes.

 


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