Legal
Why you should read these
Please read these terms and conditions (“terms”) carefully before you use Hubtel Intermediary Insurance App.
These terms are a binding legal agreement between you and Hubtel that govern your right to use the websites, applications, and other offerings from Hubtel Intermediary Insurance App (our “services”). These terms will tell you who we are, how we provide services to you, how we might change these terms, how you or we could end our agreement to these terms, what to do if there’s a problem and other important information.
If you think there’s a mistake or anything needs amending, please get in touch. The best way to speak with us is usually in the app – or you can email us at [email protected]. We’re here to reply within a few minutes any day of the week, during peak hours. Bear in mind that we may reduce our support hours at quiet times (such as late at night), during the Christmas period or in other circumstances.
1. General
These terms are provided by Hubtel Limited (“Hubtel”, “we”, “our”) a company incorporated in Ghana with company registration number CS206202016, whose registered office is at 63 Hotel Road, Kokomlemle, Accra.
We’re authorised and regulated by the National Insurance Commission (NIC).
These terms will be legally binding when you accept them. We’ll make small changes from time-to-time, so come back and read these terms now and again. We’ll notify you by a notification in the app or website if we make material changes, so you can read and let us know if you accept the updated version.
We’re a motor insurance intermediary offering innovative insurance services that allow you convenience in your motor vehicle insurance journey.
You agree that by using the platform, Hubtel shall replace any existing insurance intermediary associated with the user/customer and become the primary intermediary between the user/customer and your existing insurance company, replacing the original intermediary, and all applicable commissions for a principal intermediary shall apply to the benefit of Hubtel.
2. Our insurance services
Our services are underwritten by insurance companies (insurers), not Hubtel. To buy a policy, you need to agree to a contract with the relevant insurer (insurance contract or “insurance policy”). This will govern the terms and conditions on which the nominated vehicle or individuals are insured.
Hubtel doesn’t give personal recommendations or advice. Hubtel hasn’t carried out an analysis of the market to identify the best possible offer for you. You’ll need to make your own choice on whether the policy is suitable for your needs.
3. Your protection
Hubtel Limited is authorised and regulated by the NIC. We’re permitted to sell car insurance to our customers provided they meet the criteria.
Hubtel seeks to provide convenience and simplicity in arranging and helping the insuring public obtain motor vehicle insurance from licensed insurers. As part of this service, we want to give you an exceptional level of customer support at all times.
The insurer named on your policy will be responsible for administering and paying any claim(s) you may have under your insurance policy. If you are unhappy with the insurer, you will also have the right to complain to the insurer. If your complaint about Hubtel Intermediary Insurance App and/or your insurer remains unresolved, you have the right to refer your complaint to the NIC .
4. Information about the insurers and the insurance purchasing process
All transactions to buy policies are completed via our app, or via our website. Before payment, you will be given a quote which will be valid for a limited period. You should only go ahead and authorise payment if you accept the quote, the terms and the insurance contract from your insurer, and want Hubtel Intermediary Insurance App to collect money from you to pay for your desired policy.
We reserve the right to charge you reasonable costs for chargebacks raised in your name, or against any payment cards you have used in purchasing or attempting to purchase a policy via the Hubtel Intermediary Insurance App.
Hubtel can’t guarantee that our app or website will be available at all times, including due to problems with third party websites or your internet connectivity. Hubtel won’t be responsible to you for any losses or inconvenience as a result of our app or website being unavailable or not functioning properly.
5. Your responsibility providing accurate information to us and the insurer
In the case of all insurance, the validity of cover and the amount you pay depends on the information you provide. It is your responsibility to provide complete and accurate information to us and the insurer at all times, including when you buy your policy. It is important that all statements you make and all questions you answer are complete, true and accurate.
If the information provided by you isn’t complete and accurate:
- The insurance policy may be cancelled by the insurer, meaning the insurer can refuse to pay a claim, or may not pay a claim in full.
- The insurer may require you to pay additional premiums, change the compulsory excess, or the extent of the cover may be affected to reflect the increased insurance risk; and/ or
- You may be responsible for damage or loss to a third party if you cause an accident.
6. How we get paid
For all policies, we will tell you the insurance premiums, taxes and fees payable in our quote summary which you can see before purchase.
We receive the whole of your payment on a risk transfer basis, as the agent of the insurer. This means that when you pay for your policy, your payment is deemed to have already been received by the insurer. Depending on the policy, your payment may be held in a non-statutory trust bank account. These measures help us keep your payments safe.
We are usually paid by receiving an administration fee from you for arranging the insurance. Alternatively, or in addition, we may agree with the insurer to be paid by receiving a percentage of the insurance premium in commission from the insurance or service provider. We may earn interest on the money in our bank accounts, and additional amounts from insurers.
Hubtel Intermediary Insurance App is entitled to vary its fees for any of its services from time to time. Any fees due will be made clear at time of payment.
7. Correspondence regarding your insurance
Following purchase, you will get a message via the Hubtel Intermediary Insurance App with your insurance certificate for your policy. The message will contain a receipt which will also include a breakdown of what you have paid and some other useful information, like how to contact the insurer if you have an accident.
We may need to contact you from time-to-time; whether by email, app or web chat, telephone or any other reasonable method. It is important you read any messages sent to you and respond in a timely way when needed. This may be for informative and / or marketing purposes.
It’s important to ensure the details of any vehicle you want to insure match the details you enter in the app or website. Failure to do so can lead to you getting insured on the wrong vehicle! Please also check that the details we give you about the vehicle, before purchase, match the vehicle you wish to drive.
8. Motor Insurance Database
Your policy certificate is proof of your cover. If there are any questions from the authorities, they can do a live check or get in touch with your insurer.
Please ensure the authorities double-check your policy documents. If there’s any doubt, they should contact your insurer.
9. Claims and incident reporting
Claims should be notified to the insurer as soon as possible. If you don’t, an insurer may refuse to deal with your claim or reduce the amount you receive from them – Hubtel can’t intervene with the insurer on your behalf. In the event an insurer becomes insolvent or delays making settlement, we don’t accept responsibility for paying any unpaid amounts owed to you.
10. Termination, freezes and bans
We reserve the right to terminate this agreement with you and/or to resign as your insurance intermediary at any time. We may terminate, resign, issue a warning, suspend, or freeze your account if we think that you were or are:
- in breach any of these terms;
- using a service outside its intended application;
- using the app or website to commit or attempt to commit a criminal offence; or
- abusing our staff.
If we freeze your account, we might not be able to tell you why. But we’ll continue to fulfil any outstanding regulatory responsibilities to you.
We reserve the right at any time to suspend, discontinue or modify any of our services or some or all of its features. If we do suspend, discontinue or modify a service or feature, we’ll try to provide you with notice where feasible, but some changes might occur without notice. Unless stated otherwise, such suspension, discontinuance or modification will not terminate or modify these terms, which will continue in full force and effect. In the event of termination of this agreement, the following terms will remain in full force and effect: clauses 3, 8, 10, and 16 to 21 inclusive.
11. Liability if things go wrong
We provide our services on an “as is” basis, without any guarantees, warranties or representations. We do not guarantee the availability services. You agree that the entire risk arising out of your use of the services remains solely with you, to the maximum extent permitted under applicable law. We shall not be liable for delay or failure in performance resulting from causes beyond our reasonable control.
We don’t accept any responsibility for any loss or damage you may incur as a result of the acts or omissions of your insurer or any other third party.
You agree that we shall not be liable in contract or in tort to you or any third party for any indirect, incidental or consequential damages, including, but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the services; or (iii) unauthorised access to or alteration of your data.
We understand that we may have responsibilities in the event of our negligence, and don’t attempt to restrict or exclude our responsibility in the event of negligence, fraud or anything else that by law cannot be limited.
If we don’t meet our obligations under these terms due to events outside of our control, such as machine failure, industrial disputes or because we have to keep to a relevant law, we won’t be responsible for any losses or costs caused.
If you have a dispute with your insurer, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify and compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of these terms, your improper use of our services or your breach of any law or the rights of a third party.
12. Privacy notice
You can find details of how we treat your personal data in our Privacy Notice, which you can find in our app or website [here -privacy policy to be provided].
13. Authentication
Please keep your Hubtel Intermediary Insurance App account details safe and confidential. Tell us immediately if you think someone else may have accessed your account.
If you do not keep your account details safe and confidential, and/or you allow another person to access your account, and another person uses your account to purchase a policy, Hubtel will not be obliged to refund you for that policy.
In order to verify that your card details are active we may charge a small nominal amount (for example GH 1.00) to your card or account, this will be released back to you within 7 days (this is sometimes known as an “active card check”). This may still happen if the card verification fails and can happen more than once if you add the card multiple times.
14. Money Laundering & Proceeds of Crime
We are obliged to report to the Financial Intelligence Agency, the National Insurance Commission, relevant security agencies any suspicion of money laundering or terrorist financing activity. We may be prohibited from disclosing to you the contents of such report or the fact that such a report has been made.
We reserve the right to impose such anti-money laundering and ‘Know Your Customer’ checks from time to time as we see fit.
15. Third party rights
This contract is between you and us. Nothing in these terms will give someone who isn’t party to the contract any right to enforce any of these terms. We won’t need the agreement of someone who isn’t party to the contract in order to end the contract or make any changes to these terms.
16. Severability
If any part of these terms is or becomes illegal, invalid or unenforceable then that part will be deemed removed from these terms. It won’t affect the legality, validity or enforceability of the remaining terms.
17. Waiver
Our failure or delay in enforcing or partially enforcing any provision of the terms won’t be construed as a waiver of any of our rights under the terms. This means that if we don’t insist immediately that you do anything you’re required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that won’t mean you don’t have to do those things, and it won’t prevent us taking steps against you at a later date.
18. Insurer solvency
We don’t guarantee the solvency of any insurer we help arrange your purchase of policies from. An insolvent insurer may be unable to pay a proportion or all of any claim made. If an insurer becomes insolvent, you may need to pay a further premium to pay for alternative insurance cover. In the event an insurer becomes insolvent, we’ll let you know as soon as we can and help as best, we can. We will not be liable to pay out any claims or fulfil any obligations owed to you by an insolvent insurer.
19. Law and jurisdiction
The laws of Ghana apply to our services and these terms. Any disputes arising are subject to the jurisdiction of Courts of Ghana.