My COLFIRE - Terms and Conditions

By clicking “I have read and agree to the Terms and Conditions”, you acknowledge that you have read, understood and agreed to the following terms and conditions, as well as COLFIRE’s Terms of Use, and agree that the terms and conditions are fair and commercially reasonable.

THIS AGREEMENT is made on this day BETWEEN COLONIAL FIRE AND GENERAL INSURANCE COMPANY LIMITED a Company duly incorporated under the Companies Ordinance Chapter 31 No. 1 and continued under the Companies Act Chap. 81:01 whose registered office is located at Corner Duke and Abercromby Street in the City of Port-of-Spain in the Island of Trinidad and Tobago (hereinafter referred to as “COLFIRE”) of the one part and you the Customer (referred to as “the Customer”).

WHEREAS

COLFIRE is an Insurance Company duly licensed to conduct insurance business in Trinidad and Tobago

AND WHEREAS

COLFIRE offers to the Customer an Online Instant Payment Facility via COLFIRE’s E-services, which will allow the Customer to electronically and securely pay his/her premiums.

AND WHEREAS

This Agreement governs the Customer’s usage of COLFIRE’S E-services (the “E-services”)

NOW IT IS AGREED AS FOLLOWS:

Definitions
1. “the Customer” means the policy holder, any person having legal title to the policy, any person authorized to transact the business on behalf of the Customer.
Access
1. In accordance with the terms and conditions set out hereunder COLFIRE shall authorize access to the E-services.
2. The Customer may utilize the E-services in order to pay his/her premium.
3. COLFIRE shall honor and execute those transactions.
Accounts Access
1. In order to access and utilise this online service, you confirm that either:
  1. you are the proper holder of the credit card being used to make the payment; or
  2. you are duly authorised by the proper holder of the credit card to use the credit card for the purpose of making the payment of the premium and provide the required details of that proper cardholder.
2. Notwithstanding the above, you agree that any and all transactions initiated through this online service that result in payments to your insurance policy account(s) will be deemed to be fully authorised by you without further verification by COLFIRE. By using this online service to make payment(s) of any premium(s), you thereby fully authorise COLFIRE to honour, execute and apply the payment(s) made to your insurance policy account(s).
Premium Payments
1. You shall only use this online service to make payment in respect of insurance policy premiums and COLFIRE shall only accept and process payments by you made for these specific purposes.
2. You shall make payment of the full amount of the insurance policy premium. In the event you make a payment of only a part of the amount of the insurance policy premium, that insurance policy shall not be effected and in no circumstances whatsoever shall COLFIRE be on risk in respect of that insurance policy.
3. COLFIRE shall not be liable for any loss or damages that may be incurred as a consequence of an erroneous payment.
Confidentiality
1. COLFIRE shall keep safe and confidential all information about the Customer except where disclosure is legally required pursuant to any legal process, subpoena and/or an order of a court of competent jurisdiction, or to protect the interests of COLFIRE.
2. It is solely your decision to communicate personal information to COLFIRE through this its E-services. COLFIRE is not and shall not be held responsible and liable for any unauthorised access to or interception of information submitted through its E-services
3. All information submitted to COLFIRE through its E-services shall be deemed and remain the property of COLFIRE.
Security
1. The Customer shall comply with any security procedures that the Online Instant Payment Facility may contain.
2. The Customer shall acknowledge that the purpose of security procedures is the verification of authenticity and not for the detection of any error in transmission or the content of any transaction.
3. The Customer shall as soon as is practicable contact COLFIRE by telephone at 800 SERV (7378) where he/she is of the belief that an unauthorized person has accessed his/her Instant Payment Facility or will have such access, or that his/her login identification and private key have become known to an unauthorized person.
Other Agreements
1. This Agreement is in addition to all other existing agreements between the Customer and COLFIRE.
Changes in Services / Terms
1. COLFIRE may change the E-services and the terms of this Agreement at any time and shall notify the Customer of any such changes.
Cancellation
1. The Customer may cancel this Agreement at any time by way of written notification to COLFIRE.
2. COLFIRE has the sole discretion to limit, suspend, cancel or terminate the Customer’s usage of the E-services and he/she shall be notified in writing.
3. Should you be desirous of requesting a refund, you are asked to kindly direct your request for a refund to any COLFIRE Branch for processing.
4. Should you be desirous of cancelling your Policy of Insurance, you are asked to kindly direct your request to any COLFIRE Branch. Please note that in the event of cancellation of your Policy of Insurance, you will be entitled to a refund of premiums on a pro rata basis for the unexpired period of cover.
Limit of Liability
1. COLFIRE shall make reasonable efforts to ensure full performance of COLFIRE’S E-services.
2. COLFIRE shall be responsible for acting only on those instructions sent through COLFIRE’s E-services, which are actually received.
3. COLFIRE shall not assume responsibility or liability for malfunctions for whatever reason in communications facilities not under its control that may affect the accuracy or timeliness of messages you send.
4. COLFIRE shall not be responsible for any losses or delays in transmission of instructions arising out of the use of an access service provider or caused by any browser software.
5. COLFIRE shall not be responsible should the Customer give incorrect instructions or if his/her payment instructions are not given sufficiently in advance to allow for timely payment.
6. COLFIRE shall not be responsible for system disruptions or unavailability of the Services including but not limited to disruptions caused by any computer virus or related problems.
7. COLFIRE shall not be liable to the Customer for any loss or damage whatsoever or for any disclosure of information arising from a transaction made by his/her usage of its E-services.
8. The Customer shall indemnify COLFIRE fully for same, by the use of any of COLFIRE E-services where:
  1. The Customer does not have adequate money in his/her account to complete the transaction, or where the account specified has been closed;
  2. The Customer has failed to give complete, correct or current instructions for the payment of a premium;
  3. The Customer has not given the instructions for the payment of a premium within sufficient time for COLFIRE to be credited by the time the money is due;
  4. Withdrawals from specified accounts have been prohibited by court order;
  5. COLFIRE reasonably believes that the transaction may be contrary to legislation or rule of law;
  6. Any transaction is not processed due to bank holidays, however scheduled;
  7. Fluctuations in exchange rates published after the Customer sends his/ her instructions.
Dispute Resolution
1. Any dispute arising out of or in relation to this Agreement, which remains unresolved after negotiations between the Customer and COLFIRE, shall be submitted to the Financial Services Ombudsman of Trinidad and Tobago.
Indemnity
1. The Customer shall indemnify and hold harmless COLFIRE, its associates, subsidiaries and affiliates and their officers, directors, employees and agents, all third party suppliers and their respective officers, directors, employees and agents, from and against any and all liabilities, damages, awards, settlements, losses, claims and expenses, including reasonable attorney's fees and expenses and costs of investigation (collectively, "Damages") resulting from third party claims.
2. COLFIRE shall indemnify the Customer, its agents and or servants against any and all losses, claims, actions, judgments, costs, liability and damage whatsoever suffered by the Customer, its servants and or agents arising out of the fault, misconduct and/ negligence of COLFIRE, its employees or agents.
Electronic Message
1. The Customer shall agree to receive communications regarding his/her account electronically or via SMS and will not attempt to circumvent receiving any messages.
2. The Customer shall agree that normal Internet e-mail and mobile SMS transmissions may not be secure and he/she agrees to accept this risk and to receive information by this means.
3. The Customer is deemed to have received any electronic messages sent to him/her when they are made available to him/her.
4. COLFIRE shall not be liable in any respect for this transmission method nor for transmission being intercepted.
General
1. The Customer confirms that the information submitted to COLFIRE for the use of its E-services is accurate to the best of his/her knowledge and that he/she shall promptly notify COLFIRE of any change in the information as it occurs.
Severability
1. In the event any one or more of the provisions of this Agreement is for any reason held to be invalid, illegal or unenforceable, the remaining provisions will remain valid and enforceable.
Notices
1. The Customer agrees that notices or correspondence between him/her and COLFIRE in relation to this Agreement shall be in writing and sent to his/her home or COLFIRE.
Jurisdiction
1. This Agreement shall be governed by the laws of Trinidad and Tobago and subject to the jurisdiction of its Courts.

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