Terms of Use - AutoSmart | Motor Insurance Company in Jamaica

AGREEMENT BETWEEN USER AND General Accident

The General Accident Company (hereinafter referred to as ‘GENAC’) Web Site is comprised of various Web pages operated by GENAC. The GENAC Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the GENAC Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE
GENAC reserves the right to change the terms, conditions, and notices under which the GENAC Web Site is offered, including but not limited to the charges associated with the use of the GENAC Web Site.

LINKS TO THIRD PARTY SITES
The GENAC Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of GENAC and GENAC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. GENAC is not responsible for webcasting or any other form of transmission received from any Linked Site. GENAC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GENAC of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the GENAC Web Site, you warrant to GENAC that you will not use the GENAC Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the GENAC Web Site in any manner which could damage, disable, overburden, or impair the GENAC Web Site or interfere with any other party's use and enjoyment of the GENAC Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the GENAC Web Sites.

USE OF COMMUNICATION SERVICES
The GENAC Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

GENAC has no obligation to monitor the Communication Services. However, GENAC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. GENAC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

GENAC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GENAC's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. GENAC does not control or endorse the content, messages or information found in any Communication Service and, therefore, GENAC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized GENAC spokespersons, and their views do not necessarily reflect those of GENAC.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO GENAC OR POSTED AT ANY GENAC WEB SITE
GENAC does not claim ownership of the materials you provide to GENAC (including feedback and suggestions) or post, upload, input or submit to any GENAC Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting GENAC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. GENAC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in GENAC's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE GENAC WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GENAC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE GENAC WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE GENAC WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

GENAC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE GENAC WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GENAC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GENAC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE GENAC WEB SITE, WITH THE DELAY OR INABILITY TO USE THE GENAC WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE GENAC WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE GENAC WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GENAC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE GENAC WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GENAC WEB SITE.

SERVICE CONTACT: info@genac.com

TERMINATION/ACCESS RESTRICTION
GENAC reserves the right, in its sole discretion, to terminate your access to the GENAC Web Site and the related services or any portion thereof at any time, without notice.

GENERAL
To the maximum extent permitted by law, this agreement is governed by the laws of Jamaica and you hereby consent to the exclusive jurisdiction and venue of courts in Jamaica. in all disputes arising out of or relating to the use of the GENAC Web Site. Use of the GENAC Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GENAC as a result of this agreement or use of the GENAC Web Site. GENAC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GENAC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the GENAC Web Site or information provided to or gathered by GENAC with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and GENAC with respect to the GENAC Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GENAC with respect to the GENAC Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

INDEMNIFICATION
You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from all liabilities, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to any User-Provided Content you submit, post, transmit, or make available through the Online Services, your violation of these Terms of Use, your use or misuse of the Online Services, or your violation of any third-party rights.

CHOICE OF LAW AND JURISDICTION
You agree that these Terms of Use will be governed by and construed in accordance with the laws of Jamaica without regard to the conflicts of laws principles.

ACCOUNT INFORMATION, PASSWORD PROTECTION AND INDEMNIFICATION
GENAC’s Services provides a secure online tool that enables you to manage your policies and business with GENAC via the Internet ("Account"). If you create an account via the Internet you are responsible for maintaining the confidentiality of any username and password and for any and all activities that occur under your password or account. You agree to protect and keep confidential your account information, user IDs, passwords, PINs, or any other means of accessing your account or any other information or content via the Internet, as applicable. You also agree to immediately notify GENAC of any unauthorized use of your account or any other breach of security known to you regarding your account or use via the Internet or by phone at (876) 929-8451, or by email at info@genac.com. If you disclose any of the foregoing information, you assume all risks and losses associated with such disclosure. If you permit any other person to access your account or your account information, user IDs, passwords, PINs, or any other means of accessing your account, you are responsible for any resulting transactions or activities. You agree to indemnify, defend, and hold harmless GENAC, its directors, officers, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorney fees, arising out of or relating to your use of GENAC’s Services or use by any other person accessing GENAC’s services using your username and password.

GENAC will not knowingly collect or retain information submitted by children under the age of 18 without the consent of their parent/s or guardians. If GENAC learns that we unknowingly collected personally identifying information from a child under 18 years of age, we will immediately take all reasonable measures to delete the information from our computer systems and all other data systems.

INFORMATION, NEWS, PRESS RELEASES, AND ILLUSTRATIONS
The Online Services may contain information about our company, such as news and press releases. You acknowledge that we have no duty or obligation to maintain the accuracy of, or update any such information, and agree that your reliance on any such information is at your own risk.

INTELLECTUAL PROPERTY NOTICES
Except where otherwise expressly noted or as noted below, the contents of GENAC’s Services, including graphics, icons, text, screens and overall appearance of GENAC’s Services, are the sole and exclusive property of GENAC and are protected by the copyright and trademark laws of Jamaica. The posting of the contents of GENAC’s Online Services is not a waiver of any of GENAC’s proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to you or to any third party.

SECURITY OF TRANSMISSIONS
There may be security, transmission or other risks associated with use of the Internet and Online Services and you expressly assume any and all such risks. You are responsible for obtaining all software, hardware or other equipment necessary to use Online Services, including, without limitation, the use of up-to-date web-browsers and appropriate encryption, antivirus, anti-spyware, and Internet security software. This site contains encryption methods that are not supported by all browsers. If you are not using a browser that supports 128-bit encryption, you may be unable to view all of the information and materials contained on this site.

REVISIONS OF TERMS
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Term

MISCELLANEOUS TERMS
To the extent any portion of these TERMS OF USE are determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these TERMS OF USE, as so modified, shall remain in full force and effect. No waiver by GENAC of any right under or term or provision of these TERMS OF USE will be deemed a waiver of any other right, term, or provision of these TERMS OF USE at that time or a waiver of that or any other right, term, or provision of these TERMS OF USE at any other time.

PROCEDURE FOR REFUND OF PAYMENTS MADE VIA THE ONLINE PORTAL
General Accident Ins. Co. Ja. Ltd. will refund an incorrect payment/overpayment made by a customer via the online portal once the following documents are submitted to the Customer Service Department:

Written request by customer
TRN
Valid identification, i.e. driver’s licence, voter’s id or passport
Last four (4) digits on credit card used to make payment
Cardholder’s name
Policy number payment was made to

Upon receipt of the above documents the customer’s account will be adjusted in Underwriter and a request sent to the Accounts Department who will prepare the requisite refund to the customer’s credit card. The Bank (Credit Card Centre) can also make the request on behalf of the customer. This request should be submitted on the Bank’s letterhead and signed by the appropriate signing officer.