selfinsurancemarket.com (SIM) - Member Terms & Conditions

Last update to these Terms and Conditions:  14th October 2022.

1. Introduction

Selfinsurancemarket.com (“SIM”) is owned and managed by SIM Global Markets Limited ("Us", "We", or "Our") which is incorporated in the UK under company number 04368055.

Please read these Terms and Conditions ("Terms") carefully before purchasing a service provider membership to promote Your business on the www.selfinsurancemarket.com (“SIM”) website (the "Service").

Self-insurance service provider membership and use of the Service is conditional on Your acceptance of and compliance with these Terms. By using the Service, You agree to be bound by these Terms. If You disagree with any part of the Terms then You may not use the Service without Our prior written agreement.

2. Content

The Service allows a self-insurance service provider (“You”,“Your”) to post, store, share and otherwise make available certain information, text, graphics, or other material ("Content") on the SIM website. You are responsible for the Content that You post to the SIM website, including its legality, reliability, and appropriateness.

By posting Content to the SIM website, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and throughout the SIM website. You retain any and all of Your rights to any Content that You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of SIM, who may access Your Content.

You represent and warrant that: (i) the Content is Yours (you own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You agree that no direct contact details shall be included in any Content except as requested in the member registration. Direct contact details shall include links to your website, telephone numbers and email addresses.

3. Commission charges

In return for using the Business Inquiry Service you agree to the following terms of business.

Please note that by agreeing to these terms the word “You” is deemed to mean yourself or any representative of your employer.

In the event of any transaction made as a result of an introduction through this site, the following charges are applicable.

(i) if you are reimbursed on a % of the gross contractual premium or if you are reimbursed on a fixed rate or hourly basis regardless of premium.
10% of any revenues, commission or fees received by you applicable a to the lifetime of any contract and any subsequent transactions with the party to whom you have been introduced through the Service.

(ii) If You are a managing general underwriter (agency), an insurance company or a reinsurance company.
1.0 % of premiums received by You applicable to the lifetime of any contract and any subsequent transactions with the party to whom You have been introduced through the Service.

These Terms of Business shall survive any cancellation, termination or suspension of the Service.

4. Reporting and Payment

We will contact You quarterly or as often as We deem necessary to ask You to make a declaration of transactions concluded as an introduction as a result of the Service as well as details of fees or premiums received. Upon confirmation of transactions to Us We will submit a quarterly invoice which You agree to settle within 30 days.

5. Right of Audit

We and Our authorized representatives shall have the right to audit, to examine, and to make copies of or extracts from all financial and related records (in whatever form they may be kept, whether written, electronic, or other) relating to any transactions concluded as a result of any introduction made as a result of the Service kept by You or under the control of You, including, but not limited to those kept by You, Your employees, agents, assigns, successors, and subcontractors.

Such records shall include, but not be limited to, insurance documents, accounting records and bordereaux reports. You shall, at all times and for a period of ten years after the completion any contract concluded maintain such records, together with such supporting or underlying documents and materials.

You shall at any time requested by Us, at Your own expense make such records available for inspection and audit (including copies and extracts of records as required) by Us and such records shall be made available to Us during normal business hours at Your office or place of business subject to a three-day written notice/without prior notice.

In the event that no such location is available, then the financial records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location that is convenient for Us.

Costs of any audits conducted under the authority of this right to audit and not addressed elsewhere will be borne by Us unless certain exemption criteria are met. If the audit identifies under reporting (of any nature) by You to Us in excess of one‐half of one percent (0.5%) of the total amounts due to Us, then You agree to reimburse Us for the total costs of the audit. If the audit discovers substantive findings related to fraud, misrepresentation, or non‐performance, We may recoup the costs of the audit work from You and any adjustments and/or payments that must be made as a result of any such audit or inspection of Your records shall be made within a reasonable amount of time (not to exceed 90 days) from presentation of Our findings to You.

6. Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Us regarding Our Service, and supersede and replace any prior agreements We might have between Us regarding the Service.

7. Purchasing a Service Provider Membership (“Purchase”)

You are encouraged to familiarise Yourself with Your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.

If You wish to purchase any Service made available through the Service ("Purchase"), You may be asked to supply certain information relevant to Your Purchase including, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information You supply to Us is true, correct and complete. You expressly agree that SIM Global Markets Limited is not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, You grant Us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel Your order at any time for certain reasons including but not limited to: product or Service availability, errors in the description or price of the product or Service, error in Your order or other reasons. You expressly agree that SIM Global Markets Limited cannot accept any liability for loss or damage arising out of such cancellation.

We reserve the right to refuse or cancel Your order if fraud or an unauthorised or illegal transaction is suspected.

We reserve the right to refuse or cancel Your order if any information that You upload or display contains any language which: a) Is not in keeping with the nature of the site. b) Is not relevant to the provision of self-insurance. c) Contains offensive or inappropriate language.

8. Information Provided

When You create an account with us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a third-party Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that We cannot be held liable for any loss or damage arising out of any misrepresentations You make in this regard.

9. Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of SIM Global Markets Limited and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or Service without the prior written consent of SIM Global Markets Limited.

When You upload content, You give to SIM Global Markets Limited a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and SIM Global Markets Limited business.

10. Links to Other Web Sites

Our Service may contain links to third-party web sites or Services that are not owned or controlled by SIM Global Markets Limited.

SIM Global Markets Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or Services. You further acknowledge and agree that SIM Global Markets Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such web sites or Services.

We strongly advise You to read the Terms and conditions and privacy policies of any third-party web sites or Services that You visit.

11. Termination

You may terminate or suspend Your account at any time however no refund shall apply to any registration fees previously paid.

We may terminate or suspend Your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.

Upon termination, Your right to use the Service will immediately cease. If You wish to terminate Your account, You may simply discontinue using the Service and delete Your account.

All provisions of the Terms which by their nature should survive termination shall survive termination by either party, including, without limitation, payments of commissions by You to Us, indemnity and limitations of liability. 

12. Indemnification

You agree to defend, indemnify and hold harmless SIM Global Markets Limited and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) Your use and access of the Service, by You or any person using Your account and password; b) a breach of these Terms, or c) Content posted on the Service. 

13. Limitation of Liability

In no event shall SIM Global Markets Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of Your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not We have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. 

14. Disclaimer

Your use of the Service is at Your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

SIM Global Markets Limited its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet Your requirements.

15. Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these Terms, under no circumstances will SIM Global Markets Limited ever be liable to You or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to Your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by SIM Global Markets Limited or any person for whom SIM Global Markets Limited is responsible, and even if SIM Global Markets Limited has been advised of the possibility of such loss or damage being incurred. 

16. Changes

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will try to provide at least 30 days’ notice prior to any new Terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, You must stop using the Service.

17. Privacy Policy and Cookie Policy

Please refer to Our Privacy Policy and Cookies Policy. You agree that they constitute part of these Terms. You must read Our Privacy Policy and Cookies Policy before You use the Service.

18. Contact Us

If You have any questions about these Terms, please contact Us at info@selfinsurancemarket.com

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