PET Terms and Conditions

POLICY ENQUIRY TOOL TERMS OF USE

The Intermediary wishes to use the Policy Enquiry Tool provided by MSV and MSV is willing to make the Policy Enquiry Tool available to the Intermediary

NOW, THEREFORE, THE PARTIES hereto agree that the Policy Enquiry Tool shall be supplied to the Intermediary subject to the terms and conditions contained in this Agreement, which may be amended from time to time by MSV.

1. Definitions
In this Agreement, unless the context requires otherwise

“Business Day (also working day)” means Mondays to Fridays (both days inclusive) excluding public holidays

“Contract” means the contract entered into between you and us when you and we sign this Agreement

“Corporate” means any entity, other than natural persons

“Delegate”means any individual authorised to use the Policy Enquiry Tool and issue instructions in the name of a corporate intermediary

“Intermediary (also you, your, yourself)” means the person requesting the Policy Enquiry Tool

 “Middlesea Group” means Middlesea Insurance p.l.c., Middlesea Valletta Life Assurance Company Ltd.,  Progress Assicurazioni S.p.A., International Insurance Management Services Ltd., Growth Investments Ltd. and Malta International Training Centre

“MSV (also we, us, our)” means Middlesea Valletta Life Assurance Company Ltd. and any agent/s that we may appoint to provide all or any part of the Policy Enquiry Tool

“Password” means any confidential password, code or number, whether issued to the Intermediary by MSV or adopted by the Intermediary, which may be used to access the Policy Enquiry Tool

“Policy Enquiry Tool(also the Service)” means the internet-based service provided by us to you described in the Terms whereby you may access certain information in respect of life insurance contracts on which you are registered as the Intermediary in our records.  Not all life insurance contracts may be accessed under this Service

“Terms” means the terms and conditions under this Agreement and any supplementary terms, as amended from time to time

“Time” means Malta time

“User Access Code” means the code by which the service identifies the user.

2. Your Security Duties
2.1 You shall at all times keep the allocated User Access Code and Password secure and secret and take steps to prevent their unauthorised use. For example:

Never write or otherwise record the User Access Code and Password in a way that can be understood by someone else
Never disclose the User Access Code and Password to someone else. Destroy any advice from us concerning your User Access Code and Password promptly after receipt
Avoid Passwords which may be easy to guess such as family names, dates of birth etc.
2.2 You must tell us immediately of any unauthorised access to the Policy Enquiry Tool or if you suspect someone else knows your Password. In such circumstances you must also give us instructions to change your Password immediately.

3. Indemnity
It is expressly agreed that in the event of any penalty or payment including, but not limited to any fine, loss, damage, cost, liability or expense arising out of a breach of this agreement or for any infringement of the Data Protection Act and / or any regulations made thereunder by yourself, you indemnify us against all actions, costs, loss or damage of any kind.

4. Liability
We shall not be liable to you for any loss or damage whatsoever or howsoever caused, except to the extent that the loss or damage is caused directly by our gross negligence or willful misconduct.

In the case of an error, we reserve the right to take all reasonable steps to correct the defective Policy Enquiry Tool.

5. Alterations and Additions
Alterations and additions to or in connection with the Policy Enquiry Tool may only be carried out by us and no liability whatsoever shall be accepted by us for any alterations or additions carried out in contravention of this clause nor for any effect such alterations or additions may have on the Policy Enquiry Tool.

6.  Force Majeure
Neither party will be liable for delay in performing or failure to perform any of its obligations under this Agreement which is caused by circumstances beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of telecommunications, data communications and computer systems and services, war, civil unrest, government action, strikes, lock-outs or other industrial action or trade disputes (whether involving either party's employees or those of a third party). Any delay or failure of this kind will not be deemed to be a breach of the Contract and the time for performance of the affected obligation will be extended by a period, which is reasonable in the circumstances.

7. Corporate Intermediaries
7.1. In the case of corporate intermediaries, we must be supplied with a board resolution in conformity with the company's Memorandum and Articles of Association, naming one or more delegates empowered to use the Policy Enquiry Tool.

7.2 The corporate intermediary may subsequently request and authorise us to provide or withdraw the Policy Enquiry Tool in respect of a user access code assigned. Such authorisation must be given in writing by a duly authorised person or persons according to procedures to be agreed between you and us. Any access codes granted by us under this Agreement will be subject to the terms of this Agreement.

8. User Access Code records and transactions
8.1 Our records, unless proven incorrect, will be evidence of your dealings with us in connection with the Policy Enquiry Tool.

8.2. Information granted by means of electronic communications in accordance with the Electronic Commerce Act, 2002 will be deemed admissible evidence in any legal proceedings.

9. Software Licence and encryption
9.1 You agree to be bound by the terms of the licence or similar agreement governing the use of any software used to enable you to use the Policy Enquiry Tool. If you do not agree to such terms or agreement you should not use the Policy Enquiry Tool.

9.2 You should be aware of any export restrictions contained in any software used to enable you to use the Policy Enquiry Tool and should keep up to date with such restrictions and the other terms of the software licence or other agreement by regularly checking the relevant software publisher's website.

9.3. You should be aware that we use a very high level of encryption and accordingly you should take advice local to the jurisdiction from which you are using the Policy Enquiry Tool to ensure that the encryption software can be taken into or out of and/or used in the relevant country or countries without breaching any application laws.

10. Confidentiality
10.1 The principles guiding our confidentiality and data protection policy are contained in the MSV Data Protection Policy. The following additional terms also apply.

10.2 In order to provide the Policy Enquiry Tool, it may be necessary to store or transmit information relating to you within the Middlesea Group through the Middlesea Group's communications networks. You hereby authorise us to do so, where we reasonably consider this to be required for the effective provision of the Policy Enquiry Tool.

10.3 If you obtain unauthorised access to any programs, data or other information that belong to us or our agent/s, you agree to treat such programs, data and information as confidential and agree not to disclose or make use of any of them (or any part of them) and also agree to notify us immediately.

10.4 We may process data, which you submit to us, also for the following purposes, namely:

for the detection and prevention of fraud and other criminal activity which we are bound to report
for direct marketing, such as to inform you, by any means of mobile phone medium or other electronic means, about other services supplied by the Middlesea Group, and for research purposes. You may opt not to receive such marketing material by informing us accordingly in writing.
11. Supplementary Terms, Changes to and termination of the Contract
11.1 When we introduce new Services under the Policy Enquiry Tool we may provide them on supplementary terms which will be notified to you from time to time in accordance with the terms stipulated in this Article.

11.2 We may modify the Terms upon giving not less than thirty (30) days notice to you or such shorter period as may be necessary for the effective operation of the Policy Enquiry Tool.

11.3 The contract may be terminated by either party giving not less than thirty (30) days written notice to the other.

12. Agency and Notices
12.1 We may at any time appoint one or more agents to provide all or any part of the Policy Enquiry Tool and references to "we", "us" or "our" include references to such agents.

12.2 All notices and advices submitted by us to you under the current Agreement, as may be amended from time to time, may be given in writing or electronically over the Policy Enquiry Tool.

All such notices and advices will be deemed to have been received by you:

in the case of delivery by post, 48 hours from dispatch to the latest address provided by you
in the case of notification via the Policy Enquiry Tool, when you acknowledge having read the notice or advice via the Policy Enquiry Tool.
13. Regulatory Bodies
The Policy Enquiry Tool is provided by MSV, which is licensed and regulated by the Malta Financial Services Authority.

14. Law
This Agreement is governed by and will be construed in accordance with the laws of Malta.

15. Arbitration
The parties hereto agree that in the event of any dispute arising out of this agreement, the matter shall be referred to arbitration, to be heard and determined by one arbiter selected by the Parties. In the event that they fail to reach an agreement on the choice of arbiter within two weeks from a notice of dispute sent by one party to another, then either party shall have the right to refer the matter to the Chairman of the Malta Arbitration Centre and the person he chooses or is otherwise appointed by the Malta Arbitration Centre, shall be the arbiter entitled to hear and determine the dispute. Such determination by the arbiter shall be final and there shall be no right of appeal by either party.

16. Severability
In the event that any of the terms, conditions or provisions of this agreement shall be determined invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be severed from the body of this agreement and the remainder thereof shall continue to be valid and enforceable to the fullest extent permitted by law.

17. Security Tips
You should read carefully the security measures suggested by us in the Terms of Use section on the Policy Enquiry Tool web address. These security measures form an integral part of the Agreement.