Terms and Conditions2018-11-28T11:16:58+00:00

Terms and Conditions

BACKGROUND:

This Policy applies as between you (the User of this Web Site) and Policy Excess Insure Ltd., trading as Nova Direct (the owner and provider of this Web Site). This Policy applies to our use of any and all Data collected by us in relation to your use of the Web Site and any Services or Systems therein.

2. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Web Site.

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site.

“Cookie” means a small text file placed on your computer by Nova Direct when you visit certain parts of this Web Site. This allows us to identify recurring visitors and to analyse their browsing habits within the Web Site.

“Data” means collectively all information that you submit to the Web Site. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems.

“Nova Direct” means Policy Excess Insure Ltd., trading as Nova Direct

“Service” means collectively any online facilities, tools, services or information that Nova Direct makes available through the Web Site either now or in the future;

“System” means any online communications infrastructure that Nova Direct makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” means any third party that accesses the Web Site and is not employed by Nova Direct and acting in the course of their employment; and

“Web Site” means the website that you are currently using www.nova-direct.com and any sub-domains of this site unless expressly excluded by their own terms and conditions.

3. About us

Policy Excess Insure Ltd trading as Nova Direct (Financial Services Register No. 776575) is an Appointed Representative of Premier Insurance Consultants Ltd (Financial Services Register No. 307128).

4. Data Protection Policy

We will treat all your personal information as private and confidential to us and anyone else involved in the normal course of arranging and administering your insurance. We will not give anyone else any personal information except with your authority or where we are required to do so by law, or by virtue of our regulatory requirements. We may use your information for our own marketing services from time to time provided you have expressly consented to this. Telephone calls are recorded randomly for quality control and training purposes only.  Protecting your data is of utmost importance to Nova Direct. Our Data Protection Registration Reference is ZA245487.

5. Data Collected

Without limitation, any of the following Data may be collected:

5.1 name;

5.2 date of birth;

5.3 gender;

5.4 job title;

5.5 profession;

5.6 contact information such as email addresses and telephone numbers;

5.7 demographic information such as post code, preferences and interests;

5.8 financial information such as credit / debit card numbers;

5.9 IP address (automatically collected);

5.10 web browser type and version (automatically collected);

5.11 operating system (automatically collected);

  • a list of URLS starting with a referring site, your activity on this Web Site, and the site

you exit to (automatically collected); and

5.13 Cookie information.

6. Our Use of Data

6.1 Any personal Data you submit will be retained by Nova Direct for as long as you use the Services and Systems provided on the Web Site. Data that you may submit through any communications System that we may provide may be retained for a longer period of up to 6 years.

6.2 Unless we are obliged or permitted by law to do so your Data will not be disclosed to third parties. This does not include our affiliates and / or other companies within our group.

6.3 All personal Data is stored securely in accordance with the principles of the applicable data protection regulations, including the UK Data Protection Act.

6.4 Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Web Site.

Specifically, Data may be used by us for the following reasons:

6.4.1 internal record keeping;

6.4.2 improvement of our products / services;

6.4.3 transmission by email of promotional materials that may be of interest to you if you have consented to the same;

6.4.4 contact for market research purposes which may be done using email, telephone, fax or mail if you have consented to the same. Such information may be used to customise or update the Web Site.

7. Third Party Web Sites/Services and Transfer of your Data

7.1 Nova Direct may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services may have access to certain personal Data provided by Users of this Web Site. Any Data used by such parties is used only to the extent required by them to perform the services that Nova Direct requests. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties must be processed within the terms of this Policy and in accordance with the applicable data protection regulations, including the UK Data Protection Act.

7.2 Your information may be transferred by any Policy Excess Insure Group company to any country, including countries outside of the European Economic Area (EEA), for processing, storage, administration or any other use stated in this policy. The purposes and processing associated with any such transfer will comply with all applicable data protection regulations, including the UK Data Protection Act, and with our obligation to adequately protect and secure your personal information. Where required under applicable laws we will take measures to ensure that personal information handled in other countries will receive at least the same level of protection as it is given in the EEA.

8. Changes of Business Ownership and Control

8.1 Nova Direct may, from time to time, expand or reduce its business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties. Data provided by Users will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was supplied by you.

8.2 If any Data submitted by Users will be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will be given the choice to have your Data deleted or withheld from the new owner or controller.

9. Controlling Access to your Data

9.1 Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include the following:

9.1.1 use of Data for direct marketing purposes; and

9.1.2 sharing Data with third parties.

10. Your Right to Withhold Information

10.1 You may access certain areas of the Web Site without providing any Data at all. However, to use all Services and Systems available on the Web Site you may be required to submit Account information or other Data.

10.2 You may restrict your internet browser’s use of Cookies.

11. Your Personal Information Rights

11.1 You have a right in certain circumstances to:

  • Be informed about the collection and use of your Personal Data.
  • Access the personal information we hold about you
  • Correct personal information
  • Have your personal information deleted
  • Restrict us processing your personal information
  • Receive your personal information in a portable format
  • Object to us processing your personal information, and
  • Object to automated individual decision making.

11.2 You may access your Account at any time to view or amend the Data. You may need to modify or update your Data if your circumstances change. Additional Data as to your marketing preferences may also be stored and you may change this at any time.

11.3 You have the right to access your personal information and supplementary information held by us. This is free of charge unless the request is deemed to be manifestly unfounded or excessive in which case a fee that is proportional to the administrative burned in complying with the request may be charged.

11.4 Any such request for copies of personal information held will be responded to within 1 month of receipt of the request.

11.5 We are able to extend this response time by an additional 2 months where requests are deemed to be complex or numerous.

11.6 We will only use your Personal Data for automated decision making if you have either provided your express consent for us to do so, or where the use of your Personal Data is necessary for the entry into or performance of a contract, for use based on the legitimate interest of the Company; or is authorised by European Union or Member state law applicable in the UK.

11.7 In certain circumstances you have the right to withdraw any consent that has been provided to us.

11.8 Any profiling that we undertake is based on anonymised data only.

12. Security

12.1 Data security is of great importance to Nova Direct and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected online.

13. Cookies

13.1 Nova Direct may set and access Cookies on your computer. All Cookies used by the Web Site are used in accordance with the provisions of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011. Nova Direct has carefully chosen these Cookies and uses them to facilitate certain functions and features of the Web Site. We also use Cookies for analytics purposes. These Cookies track your movements and activities on the Web Site and are designed to give us a better understanding of our users, thus enabling us to improve the Web Site and our services.

13.2 Before the Web Site sets Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. None of the Cookies set by the Web Site jeopardise your privacy in any way and no personal data is collected. By giving your consent to the setting of our Cookies you are enabling us to provide the best possible experience and service to you through our Web Site. If you wish to deny your consent to the placing of Cookies, certain features of the Web Site may not function fully or as intended.

13.3 Certain features of the Web Site depend upon Cookies to function and are deemed, within the law, to be strictly necessary. You will not be asked for your consent to place these Cookies however you may still disable cookies via your web browser’s settings.

13.4 You can choose to enable or disable Cookies in your web browser. By default, your browser will accept Cookies, however this can be altered. For further details please consult the help menu in your browser. Disabling Cookies may prevent you from using the full range of Services available on the Web Site.

13.5 You may delete Cookies at any time however you may lose any information that enables you to access the Web Site more quickly.

13.6 The Web Site uses the third-party Cookies. These Cookies are not integral to the services provided by the Web Site to you and may be blocked at your choosing via your internet browser’s privacy settings or via your response to the request for consent.

13.7 It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your browser if you are unsure as to how to adjust your privacy settings.

14. Changes to this Policy

Nova Direct reserves the right to change this Privacy Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Web Site and you are deemed to have accepted the terms of the Policy on your first use of the Web Site following the alterations.

15. Website Disclaimer

15.1 Nova Direct makes no warranty or representation that this website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of this website.

15.2 No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.

15.3 No part of this website is intended to constitute a contractual offer capable of acceptance. No goods and / or services are sold through this website and product and / or service details are provided for information purposes only.

15.4 Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from Nova Direct correspond to the actual products and / or services, PEX Insure is not responsible for any variations from these descriptions.

15.5 Nova Direct does not represent or warrant that such products and / or services will be available from us or our premises. For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any products and / or services. Any such enquiry does not give rise to any express or implied warranty that the products and / or services forming the subject matter of your enquiry will be available upon your arrival at our premises.

15.6 All pricing information on the website is correct at the time of going online. Nova Direct reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every month.

16. Intellectual Property

16.1 All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Nova Direct, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

16.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Nova Direct

16.3 Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

17. Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Nova Direct or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

18. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.nova-direct.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Nova Direct. To find out more please contact us by email at info@nova-direct.com.

19. Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. PEX Insure accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

20. Limitation of Liability

20.1 To the maximum extent permitted by law, Nova Direct accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

20.2 Nothing in these terms and conditions excludes or restricts Nova Direct’s liability for death or personal injury resulting from any negligence or fraud on the part of Nova Direct.

20.3 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

21. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

23. Notices

All notices / communications shall be given to us either by post to our Premises or by email to info@nova-direct.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

24. Law and Jurisdiction

These terms and conditions and the relationship between you and Nova Direct shall be governed by and construed in accordance with the Law of England and Wales. Nova Direct and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

25. Our Services

The following service charges, £4.99 per service, are applicable upon the service provided:

  • arranging a new policy or renewals,
  • making a change,
  • correction to a policy Issuing a duplicate insurance certificate,
  • administration of a dishonoured payment Policy cancellation fee,
  • arranging payment of premium by instalments Premium finance account cancellation,
  • credit charge for premium instalments,
  • credit card transaction fee.

All our service charges are non-refundable.  Some insurers may also make charges for changing a policy, but you will be informed of this before incurring a charge.

26. Continuous Payment Authority

Continuous Payment Authority is a recurring payment process where you authorise Nova Direct to take money from your debit or credit card whenever we are owed money. Due to the nature of insurance products payments can vary in frequency and amount depending on what is owed at the time. In authorising Continuous Payment Authority which you will do in accepting these terms and conditions you permit us to charge any sums due to your card and to take payments as and when they fall due. You may cancel the Continuous Payment Authority by notifying us in writing.

27. Card Charge Backs / Direct Debit Indemnity Claims

You accept that prior to requesting a charge back or direct debit indemnity claim you must first contact us to resolve the situation or follow our complaints procedure if you feel you have been charged incorrectly. If you do not follow this procedure then you will be in breach of these terms and conditions and hence make yourself/yourselves liable to litigation procedures.

28. Protecting your Money

We hold your premium payment in a trust account until it is passed to the insurers. While it is in the account, your money cannot be used for any purpose other than paying the insurers or any brokers through whom we may have arranged your insurance. We will retain any interest earned on the account.

29. Treating Customers Fairly (TCF)

The Treating Customers Fairly (TCF) principle aims to raise standards in the way firms carry out their business by introducing changes that will benefit consumers and increase their confidence in the financial services industry. This means that you can be confident that we are here to help you understand the product you have purchased and to answer any further questions that you may have in a clear manner with a high level of service.

30. Commission Disclosure

You have the right to request the level or amount of commission we have earned from placing your insurance policy. Please forward to info@nova-direct.com. We will log any such requests internally after we have advised you of the commission.

31. Your disclosure duties

It is your responsibility to provide complete and accurate information when taking out an insurance policy. You must also inform us of any changes to your policy details during the life of your policy, including at renewal. If your policy is based on incorrect information your insurance may be invalidated and claims may not be paid. Please read carefully all policy documentation sent to you and inform us immediately of any incorrect information shown. Commercial customers must also advise us of any information that may be relevant to the insurers or insurance policy even if not asked. If we find information that is incorrect and has to be corrected which leads to an increase premium we will either debit your card or increase your add the amount to your instalment/premium finance account.

32. Fraud detection and measures

We take fraud very seriously and will require your identity to be verified and your residential address (or trading address if a business) to be validated. We will use various database’s to do this and if we are unable to verify your identity we will require you to provide evidence of identification and address within one business day otherwise our cancellation process will begin. Please be aware you do also need to verify your identity even after your policy is cancelled in order to process any refund due. In addition to the above we may request the following but not limited to drivers licence details, V5 Documents, Evidence of No Claims Bonus, Proof of Trading (if you are a business), wage slip, proof of previous insurance or any other documentation we deem necessary to confirm identity or to validate your disclosure. If you have supplied us with an inaccurate residential address or date of birth then no money will be returned to you as we cannot see any reason for these two elements to be supplied incorrectly in error.

33. Your cancellation rights

If you are a private (non-commercial) customer, you have the right to cancel a new policy within 14 days of when you purchase your policy or of when you receive your policy document, whichever is later. If your policy has been renewed as invited then the 14 day cooling off period does not apply.  We will not pay a pro-rata refund of premium following any cancellation. Verbal requests for cancellation are not accepted and all cover documents must be returned. To cancel your policy email cancel@nova-direct.com.

34. Renewals

You must immediately notify us of any changes to the information that has been provided to your insurers. Failure to provide accurate and up to date information may invalidate your insurance and cover and mean that part or all of any claim may not be settled. We may automatically renew your insurance policy. We will write to you before the renewal date to explain how we will handle your renewal and will include details of the renewal premiums and charges. Automatic renewal is only an option if we still have a valid Continuous Payment Authority. We do reserve the right not to process an automatic renewal but we will inform you of this in good time. will inform you of this is good time.

35. Conflict of interest

Occasions can arise where we, or one of our associated companies, clients or product providers, may have a potential conflict of interest with business being transacted for you. If this happens, and we become aware of that a potential conflict exists, we will contact you and obtain your consent before we carry out your instructions and we will detail the steps we will take to ensure fair treatment.

36. Insurer Solvency

We only use UK/EU authorised and regulated Insurers and hence we do not guarantee the solvency of any insurer we place business with. We do not accept liability for any losses you may incur arising directly or indirectly from the financial failure or insolvency of any insurer that is UK/EU authorised and regulated.

37. Financial Services Compensation Scheme(FSCS)

We are covered by the FCSC. You may be entitled to compensation from the scheme if we are unable to meet our obligations. This depends on the type of business and the circumstances of the claim. Insurance advising and arranging is covered for 100% of the first £2000 and 90% of the remainder of the claim, without any upper limit. Further information about compensation scheme arrangements is available from the FSCS.

38. Governing Law

The laws of England and Wales subject to the jurisdiction of the English courts.

39. Complaints

General complaints

If you wish to make a complaint about any of the following:

  • sale of this insurance policy,
  • information or advice provided during the sales process,
  • terms and conditions of the policy,
  • general administration of your policy including claims,

Please email us on complaints@nova-direct.com.

If your complaint cannot be resolved by us within 14 days it will be passed to the insurer for review.

If your complaint is still not capable of being resolved you have the right of appeal to the Financial Ombudsman Service. The Ombudsman can be contacted at:

Financial Ombudsman Service
Exchange Tower
Harbour Exchange Square
London
E14 9SR

This complaints procedure is an addition to your statutory rights as a consumer.