Busy Bees Benefits Limited – Legal Notice
1. Terms of business
These terms of business are intended to explain our obligations as a service provider and your obligations as a customer. Please read them carefully. We use two terms of business.
• General terms of business
• Financial Conduct Authority (FCA) terms of business
The General terms of business covers the legal aspects of how we work with customers using our service. It covers your responsibilities as a user of our service and describes the scope of our overall service and legal protections.
The FCA terms of business specifically covers our services that are regulated by Financial Conduct Authority, which includes arranging insurance. It explains how we are regulated, the scope of our service, how we work with suppliers and our how we get paid for regulated business. It also lets you know what to do if you have a complaint.
2. General terms of business
This section sets out the terms that you agree to abide by when using this site.
You agree not to use our online Site to upload or distribute in any way files that contain viruses, bugs, corrupted files, or any other similar software or programs that may damage the operation of computer hardware or software; not to interfere or disrupt this Site or any networks connected to this Site; not to use any device, software or routine or attempt to interfere with the proper functioning of this Site or any transactions being offered at this Site; not to take any action that imposes an unreasonable or disproportionately large load on Busy Bees Benefits infrastructure; not to use this Site to collect or harvest personal information, including, without limitation, financial information, about other participants at this Site; not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and not to post any misleading, fraudulent, defamatory, obscene or otherwise illegal information on this Site. You agree not to use the services available at this Site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this Site.
2.2 Intellectual Property
All information and material including data, images, text and audio on the Site is the property of Busy Bees Benefits Limited and/or its licensors and is subject to copyright. You are entitled to view, copy and print any documents from the Site but only for your own internal business purposes. Any sale, transmission or redistribution of the Site or its content, and any copying, modification or other use of the site or its contents for any purposes other than your own internal business purposes, are strictly prohibited.
All software used on the Site is the property of Busy Bees Benefits or its software suppliers. Busy Bees Benefits hereby grants you a non-exclusive, royalty-free, non-transferable, revocable license to use software it owns solely for the purposes of this agreement. Other than to the extent permitted by law, you may not decompile, reverse engineer or otherwise translate such software.
You further acknowledge and agree that Busy Bees Benefits 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 information, goods or services available on or through any such site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
2.5. No Warranties
Without limiting the foregoing, Busy Bees Benefits does not make any warranty that the services offered on this Site will meet your requirements, the services offered on this Site will be uninterrupted, timely, secure or error-free, the results that may be obtained from the use of the services will be accurate or reliable, the content or information available on this Site is complete, accurate or available, or the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations. No advice or information, whether oral or written, obtained by you from Busy Bees Benefits or through this Site shall create any warranty not expressly made herein.
2.6. Limited Liability
Busy Bees Benefits shall not be liable for any loss of business, loss of use or of data, interruption of business, lost profits or goodwill, or indirect, special, incidental, exemplary or consequential damages of any kind arising out of this agreement. In the case of Suppliers, you further agree if you become entitled to any recovery, that your recovery shall be limited to the amount of fees or payments you made to Busy Bees Benefits within the six-month period prior to the event or action giving rise to such loss. Nothing in this agreement excludes a party’s liability for death or personal injury caused by negligence.
You shall indemnify, defend, and hold harmless Busy Bees Benefits and its shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including legal and accounting fees) that they may sustain or incur arising from your use of the software available at this Site, your failure to comply with any applicable laws and regulations or to obtain any licences or approvals from the appropriate government agencies necessary to purchase or sell the subject services, your use of the content available on this Site in any way contrary to this agreement your breach of any of your representations, warranties or obligations set forth in this agreement, the sale or purchase, or purported sale or purchase, of services by you, or any loss suffered by or harm to any person or property in any way relating to or caused in whole or in part by the services sold or purchased by you (including to the extent permissible by law, without limitation, any personal injuries or death of any third person caused in whole or in part by such services), any taxes attributable to the services or due on the purchase or sale of the services, any dispute between you and a Supplier arising out of a transaction initiated on the Site, alleged errors or omissions or misrepresentations in the information provided by you to Busy Bees Benefits hereunder or in the listings of services on the Site. You agree not to settle any action, claim or demand on our behalf without our prior written consent. Busy Bees Benefits shall have the right to conduct any litigation, with counsel of its choice, at your expense.
You acknowledge that Busy Bees Benefits or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through this Site. Busy Bees Benefits, in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any information which Busy Bees Benefits in its sole discretion deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorised purposes. Use of this Site, authorised or unauthorised, constitutes consent to such monitoring.
2.9. Provision of Data
You agree that Busy Bees Benefits may, in its sole discretion, deny you access to the Site and disable any username and password associated with you for any reason, including, without limitation, if Busy Bees Benefits believes in its sole discretion that you have violated or acted inconsistently with the letter or spirit of this agreement. Busy Bees Benefits reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this Site (or any part thereof) with or without notice. You agree that Busy Bees Benefits shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services offered under this Site. Notwithstanding termination of this agreement, paragraphs 5 (No Warranties), 6 (Limited Liability), 7 (Indemnity), 10 (Termination) and 11 (General) shall survive its termination and shall continue in full force and effect.
This Site is created and controlled by Busy Bees Benefits in the United Kingdom and the laws of England and Wales govern this agreement and you and Busy Bees Benefits agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Any waiver of any right or provision of this agreement will be effective only if signed by Busy Bees Benefits and the failure of Busy Bees Benefits to exercise or enforce any term or condition shall not constitute a waiver of such right or provision.
If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this agreement shall remain in full force and effect.
Busy Bees Benefits reserves the right to make changes to this Site and this agreement at any time.
Busy Bees Benefits reserves the right to refuse to list or to discontinue the listing of any services as it may choose in its sole discretion and without notice. Without limiting the generality of its right to exclude or discontinue the listing of services, Busy Bees Benefits may, in its sole discretion, exclude services from the Site if they are believed not to meet applicable industry standards or if Busy Bees Benefits receives complaints from users of the Site regarding listed services.
The rights and limitations in this agreement are for the benefit of Busy Bees Benefits and a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
You are not permitted to assign any of your rights under this agreement without the prior written consent of Busy Bees Benefits.
You may not issue press releases or make any negative public statement regarding your use or participation in the Site without the prior written permission of Busy Bees Benefits.
You and Busy Bees Benefits are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Busy Bees Benefits is intended or created by this agreement.
All suppliers of services, excluding Busy Bees Benefits, are herein referred to as “Suppliers”. You are responsible for your decision to enter into a transaction with a Supplier. We will have no obligation for and we undertake no obligation to verify the credit rating of, or other information with respect to, any Supplier and we make no representation or warranty to you with respect to any Supplier or their services.
2.13. Busy Bees Benefits role in the transaction
Busy Bees Benefits is not, with the exception of providing a platform to provide quotes and distribute monthly employee data to Suppliers, involved in the actual transaction between customers and Suppliers. As a result, Busy Bees Benefits has no control over the quality, fitness for purpose or legality of the services advertised, the truthfulness, completeness or accuracy of the listings, the ability of the Suppliers to sell the services or the terms and conditions of any transaction. We cannot ensure that a customer and Supplier will complete a transaction.
2.14. Busy Bees Benefits role in regulated insurance transactions
We are an Insurance Intermediary and our role in regulated transactions is covered under our FCA terms of business.
The Site allows customers to obtain quotations from Suppliers. For the avoidance of doubt, the provision of a quotation on the Site shall not be binding on a Supplier and is not an offer to enter into a contract.
In the event that a customer desires to purchase, Busy Bees Benefits shall supply the details of the customer to the Supplier and support the remainder of the sale process in accordance with the arrangements made between the customer and the Supplier.
2.16. Delivery of and Payment for Services
Customers are responsible for paying amounts due and for accepting delivery of all services sold through the Site, and Suppliers are responsible for invoicing and collecting amounts due (including all applicable taxes incurred in respect of services sold or purchased on the Site) and for delivering services.
Busy Bees Benefits is not responsible for any breach by a Supplier or customer of the terms of any transaction or associated transaction-related activities. You agree to proceed solely against the applicable counterparty to collect or recover any amounts owing to you or to enforce any of your rights in connection with or as a result of transactions entered on the Site, and you hereby irrevocably and unconditionally release Busy Bees Benefits from any and all such actions.
2.17. Your Password
You may receive a username, password and PIN upon completing the registration process. You are responsible for maintaining the confidentiality of the username, password and PIN, and are fully responsible for all activities that occur under your login credentials. You agree to immediately notify Busy Bees Benefits of any unauthorised use of your login details or any other breach of security, and ensure that you exit from your account at the end of each session.
2.18. Your Payment details and “Automatic Renewals”
Where Busy Bees Benefits takes your bank account/credit card payment details for the payment of our Services, we only do so with your authorisation and our payment partners use high levels of security to protect your data.
Busy Bees Benefits reserve the right to change payment providers in the future. Busy Bees Benefits will only use payment providers who comply with data protection legislation and hold your details in a secure a manner.
We hold the right to automatically renew your service. This does not affect your right to cancel in line with Busy Bees Benefits cancellation policy.
3.FCA terms of business
3.1. The Financial Conduct Authority (FCA)
The FCA is the independent watchdog that regulates financial services. Please use this information to decide if our services are right for you.
3.2. Who regulates us?
Busy Bees Benefits Limited are authorised and regulated by the Financial Conduct Authority under reference number 06758298. You can check this at http://www.fsa.gov.uk/register/home.do or by contacting the FCA on 0800 111 6768. Our permitted business is, arranging and assisting in the administration and performance of a contract of insurance.
3. Our Service
We are an Insurance Intermediary and as such we act as the agent of our client. However, in certain circumstances we may act for and owe duties of care to other parties. We will advise you when these circumstances occur so you will be aware of any possible conflict of interest.
We do not give advice but will assess your insurance needs and provide you with enough information to enable you to make an informed purchasing decision and select a policy which meets your requirements.
We will assist you in effecting any changes that you need to make to your insurance policy, with the renewal of your insurance policy and with any claim you need to make.
4. Whose products we offer
For group life assurance, group income protection and group critical illness we only place business with Ellipse Limited and with Legal & General Plc and for health cash plans and hospital treatment plans we only place business with Westfield Contributory Health Scheme Limited and for critical illness plans we place business with Legal & General Group Plc.
We receive commission from insurers which is a percentage of the premium paid by you and allowed by the insurers. In addition we may charge a professional fee to cover the placing and ongoing handling of your insurance. Any fees will be advised and agreed with you prior to inception or renewal of any policy.
We earn the entirety of our commission and/or fees when your risk is successfully placed and take our commission and/or fees immediately upon receipt of payment unless agreed otherwise with your insurer.
6. Disclosure of Earnings
You are entitled at any time, to request information about earnings that we, or any other intermediary we have used, receive as a result of placing your business. In addition to commission from insurers, we may also receive payments based on volumes of business or profitability of the account placed with them. These payments can vary from year to year. Such remuneration is only earned on the basis that it does not detract from our obligation to act in our client’s best interest at all times.
7. Mid-term adjustments or cancellations
In the event of an adjustment that results in a return of premium or cancellation mid-term we will refund the premium due net of our full commission and any charge made by insurers. Where the premium is being paid by instalments we will claim our full commission along with any charge made by the insurers in the calculation of any outstanding monies.
Whilst we take every care to check the financial stability of any firm with which we place business, we cannot be held responsible if that firm subsequently ceases to trade.
9. Treating Customers Fairly (TCF)
We set high standards for ourselves and it is our intention to treat customers fairly at all times. We have appointed Richard Galley Associates Limited to oversee TCF within this firm. If at any time you feel that you have not been treated fairly please contact us in order that the matter may be addressed.
10. Prevention of Bribery
It is our intention to meet the requirements of the Bribery Act 2010. We have appointed Richard Galley Associates Limited with overall responsibility for the prevention of bribery. If, at any time, you feel that we have not acted in a way that meets the requirements of the Bribery Act 2010 you should contact us immediately.
11. Your Duty to Provide Information
It is your statutory duty before entering into a contract of insurance, prior to an alteration and at renewal to make a fair presentation of the risk to be insured and to ensure that information is provided in a clear and accessible format. Once we have collated the information about the risk copies of the information will be sent to you for checking. Every material circumstance known to you should be disclosed. We will expect you to make reasonable enquiries and proactively gather information however, where this is not practical you must make us aware, as your broker, that further enquiries are needed to accurately underwrite the risk. Any questions put to you in a proposal form or otherwise must be answered honestly, accurately and in good faith.
As part of our service we can assist you with any claim you need to make. When you first become a customer we will give you details of how you can make a claim and tell you what your responsibilities are in relation to making claims. If you are ever in any doubt as to what action to take in the event of a claim, please contact us at the address above.
It is our intention to provide you with a high level of customer service at all times. If you should wish to make a complaint about our service we have a formal complaints procedure. In the first instance you should email your complaint to email@example.com. We will supply you with a copy of our complaints procedure upon receipt of a complaint or at any time upon request. If you cannot settle your complaint with us you may be entitled to refer it to the Financial Ombudsman Service. Alternatively other out of court complaint and redress procedures may be available.
14. Financial Services Compensation Scheme (FSCS)
We are covered by the FSCS. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Full details and further information on the compensation scheme is available from the FSCS.
All personal information about you will be treated as private and confidential. We are registered under the Data Protection Act 1998 and we undertake to comply with the Act in all our dealings with your personal data. Your personal information will be kept secure. If you require more information on how we use your personal data please contact us and request a copy of our privacy notice.
16. Applicable Law
This Terms of Business document is subject to English Law and the jurisdiction of English Courts.