By using this site and its services, the Customer represents and warrants that the Customer is eighteen (18) years of age or older and that the Customer is recognized as being able to form legally binding agreement under applicable law or is authorized to enter into a legal agreement. Ordering our services and accessing the Customer account is deemed an acceptance of these Terms of Service.

Nothing in this Policy shall be deemed to confer any third-party rights or benefits.

The terms and conditions policy applies to the product(s) and services offered on our website, any other social media platforms and via the control pane, together with services ordered via email or telephone.

Motor Assured Limited may, in its sole and absolute discretion, change or modify this policy incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. The Customer’s use of this site and its services after such changes or modifications shall constitute the Customer’s acceptance of this Policy as last revised. If the Customer does not agree to be bound by this Policy as last revised, do not use this Site and services provided.

However, Motor Assured Limited, at its sole discretion may notify the Customer of specific changes or modifications to this Policy by email, where necessary. It is therefore very important that the Customer keep its account information current. Motor Assured Limited assumes no liability or responsibility for the Customer’s failure to receive an email notification if such failure results from an inaccurate email address, or third-party service issues. In addition, Motor Assured may terminate the Customer use of Services for any violation or breach of any of the terms of this Policy by the Customer. This Policy explains our obligations to the Customer and the Customer obligations to us in relation to the service(s) the Customer purchase.

Intellectual Property

Motor Assured Limited is the copyright owner of the website and its associated materials. By registering or completing and application, you are agreeing to the terms of this disclaimer. You may not copy, cite to, or distribute the materials, in whole or in part, without the prior written consent of an authorized officer of MAL. All rights reserved 2022 by Motor Assured Limited.

Term and Termination

Unless specified to the contrary elsewhere herein, this Policy shall come into force when MAL accepts the Customer order for the service(s) which MAL will acknowledge by emailing a confirmation notice to the email address the Customer provided on signup, this order shall continue in force until the expiry of the Term chosen by the customer or in accordance with this clause.

The Customer may terminate this Policy on the following grounds:

1. By opting not to renew the service at the renewal date (note if the payment method chosen is set to “auto-renew” the Policy will automatically renew for the next period unless the customer changes the status of same through their control panel).
2. Where MAL is in material breach of any obligation under the Policy and, where notice has been provided by the customer to MAL of the material breach and where MAL can remedy that breach but have failed to do so within thirty (30) days of the Customer’s notification.

Motor Assured limited may terminate this Policy on the following grounds:

1. By providing written notice of termination, if the Customer is in material breach of any obligation under the Policy and, where the Customer can remedy that breach but have failed to do so within fourteen (15) days of us having notified the Customer of that breach and the proposed remedy.
2. With immediate effect, if the Customer provide any false, or misleading information, or if the Customer fail to correct material errors or omissions relating to any information supplied by the Customer, resulting in that information becoming false, inaccurate, incomplete, or misleading; and/or
3. With immediate effect on giving, the Customer written notice of termination, if the Customer provide any, inaccurate or, incomplete information, or if the Customer fail to correct material errors or omissions relating to any information supplied by the Customer, resulting in that information becoming, inaccurate, or incomplete and/or
4. With immediate effect on us giving the Customer written notice of termination, if the Customer become insolvent, have a receiver or examiner appointed over the whole or any part of the Customer assets, enter into any composition with creditors, or have an order made or resolution passed to be wound up (otherwise than for the purposes of a scheme for solvent amalgamation or reconstruction) or, where the Customer are an individual or partnership, if the Customer become bankrupt, make a voluntary arrangement with the Customer creditors or have a receiver or administrator appointed; and/or
5. With immediate effect on giving the Customer notice if the supply of the service and/or additional services to the Customer may (in our reasonable opinion) expose us to the risk of litigation or other civil or criminal proceedings.

If the Customer terminate the Policy during the initial subscription period as specified in the specific terms and conditions applicable to the service, or the acknowledgement of order, as the case may be, MAL may be entitled to charge the Customer a cancellation fee equivalent to the subscription fee for the initial period, less any sums paid by the Customer for that initial period.

Warranty and Limitation of liability

Motor Assured Limited warrants that:

1. In providing the Services it shall use reasonable skill and care; and
2. Represents and warrants to the Customer (for as long as the client exists) in relation to each of the documents, material, data, or other information provided as part of the Services that:
3. MAL has and will continue to have the right for the duration of the Policy and as far as is practical to grant all the rights and licenses it grants or purports to grant to the Customer pursuant to and on the terms of this Policy;
4. MAL has obtained all consents, permissions, and licenses necessary to enable the Customer to exercise the rights granted or purported to be granted to it by Motor Assured Limited and to use material, data or other information provided as part of the Support Services pursuant to and on the terms of this Policy and always in accordance with the laws of Jamaica.

Without prejudice to Sub-Clause b, the Customer agrees that Motor Assured liability for damages under or in connection with this Policy, howsoever arising (including, without limitation, for breach of Policy, for negligence or other tort, or concerning the use or inclusion of any document, material, idea, data or other information in the Support Services), shall in no circumstances exceed in the aggregate the sum of twice the fees paid by the Client hereunder in the 12 month period immediately preceding the event giving rise to the claim provided that Motor Assured shall have no liability under or in connection with this Policy, howsoever arising, for damages in respect of loss of profits or Policy or for indirect or consequential loss or damage.

Except as aforesaid, Motor Assured gives no other warranties or conditions, express or implied including but not limited to warranties or conditions of merchantable quality or fitness for particular purpose.

Notices and Communications

Any notice, without prejudice to any other method of giving said notice shall be sufficiently given if it is sent by email to the customers email address as provided at the time of purchase of the services or to such other email address as the respective party may advise by notice in amending the same under Motor Assured Limited control panel. Notices shall be deemed to have been properly given after two working days.

Waiver

No delay or failure of either party in enforcing against the other party any term or condition of this Policy, and no partial exercise by either party of any right hereunder, shall be deemed to be a waiver of any right of that party under this Policy.

Legal Construction

The parties have read and understand this policy and agree that it constitutes the complete and exclusive statement of the Policy between them with respect to the subject matter hereof which supersedes all proposals, representations, understandings, and prior agreements, whether oral or written, and all other communications between them relating thereto.

Clause headings are inserted for convenience of reference only and shall not affect the interpretation of this Policy.

If the scope of any of the provisions of this Policy is too broad in any respect to permit enforcement to its full extent, then the parties agree that such provision shall be enforced to the maximum extent permitted by law and that such provision shall be deemed to be varied accordingly.

No purported variation of this Policy shall take effect unless made in writing and signed by an authorized representative of each party.

This Policy shall be governed by JAMAICAN Law and the parties hereby submit to the jurisdiction of the JAMAICAN Courts.

Personal Information

By registering for the service(s) the Customer consent to us using and/or disclosing any personal information as follows:

1. if necessary, providing or arranging for third parties to provide customer care facilities and bill the Customer for the service, which may involve disclosing the Customer personal information to third parties solely for those purposes; and
2. Motor Assured Limited may retain information that the Customer provide and from time to time may use this information to offer the Customer other similar services that Motor Assured Limited feel may be of interest to the Customer both from us and other companies. Motor Assured Limited may contact the Customer by telephone or e-mail. If the Customer does not wish to receive this information, please let us know either by e-mail using the unsubscribe link given on our mailings or by contacting us at: customerexperience@motorassurewi.com

Force Majeure

Neither party shall be liable for any delay in meeting or for failure to meet any of its obligations under this Policy due to any cause outside its reasonable control, including, without limitation, strikes, lock-outs, Acts of God, war, riot, malicious acts of damage, fire, acts of any government authority, failure of the public electricity supply, failure or delay on the part of any sub-Policy or beyond the sub-Policy or reasonable control or the lack of availability of materials.

If either party is prevented from meeting any of its obligations due to any cause outside its reasonable control, it shall promptly notify the other party in writing of the circumstances and the other party shall grant a reasonable extension for the performance of this Agreement, provided however that if either party shall have been so prevented from meeting its obligations for more than thirty (30) days following receipt of such notice, then either party may terminate this Policy forthwith upon written notice. In the event of termination for this reason, the Customer shall pay Motor Assured Limited a reasonable sum for the Support Services which shall include the costs and expenses relating to materials or services obtained or ordered in connection with providing the Support Services which cannot reasonably be defrayed elsewhere.

General Provisions

1. Motor Assured Limited may delegate the performance of any of its obligations hereunder to third parties without the Customers consent, provided however that Motor Assured Limited shall remain liable in Policy for the performance of the Services notwithstanding such delegation. Nothing in this Policy confers or purports to confer on any third party any benefit or right to enforce any term of this Policy.
2. The parties have read and understood this Policy and agree that it constitutes the complete and exclusive statement of the Policy between them with respect to the subject matter hereof which supersedes all proposals, representations, understandings, and prior agreements, whether oral or written, and all other communications between them relating thereto.
3. The provision of the service(s) and the application of these terms and conditions and the formation, validity and interpretation of the Policy are governed by the laws of JAMAICA and subject to the exclusive jurisdiction of the JAMAICAN courts provided that nothing in this clause shall prevent us from seeking interim or injunctive relief in the Courts of any other jurisdiction.

 

Data Protection and Confidentiality

Data Processing Agreement

This DPA forms part of the Policy currently in place between the Customer and Motor Assured Limited and reflects the Parties' Policy with regard to the processing of personal data.

1. Motor Assured Limited may act as a data processor and/or a Data Controller for the Customer (subject to the services being provided), where Motor Assured Limited processes personal data for the Customer and may control access to portions of the Customer data retained on Motor Assured Limited platforms.
2. The personal data to be processed by Motor Assured Limited concerns the categories of data, the categories of data subjects and the purposes of the processing set out in Annex A.
3. Customer data retained on Motor Assured Limited platform(s) is controlled by the Customer and Motor Assured Limited may act as a Joint Controller in that the information is retained, made available, may be backed up, deleted, or otherwise managed, solely as instructed by the Customer.

“Personal data” as defined under the Data Protection Act of Jamacia 2020 means information relating to a living individual or a person who has been deceased for less than thirty years who can be identified from that information alone or from that information and other information in the possession of, or is likely to come in possession of the data controller; and includes any expression of opinion about that individual and any indication of the intentions of the data controller or any other person in respect of that individual.

“Data Controller” as defined under the Data Protection Act of Jamaica 2020 means any person or public authority who either alone or jointly or in common with other persons determines the purpose for which and the manner in which any personal data are, or are to be, processed, and where personal data are processed only for purposes for which they are required under any enactment to be processed, the person on whom the obligation to process the personal data is imposed by or under that enactment is for the purposes of this Act a data controller.

“Data processor” as defined under the Data Protection Act of Jamaica 2020 means in relation to personal data any person, other than an employee of that data controller, who possesses the data on behalf of the data controller.

 Processing of Personal Data

Instructions: The Customer’s instructions to Motor Assured Limited for the processing of Personal Information shall comply with Data Protection Laws of Jamacia. The Customer shall have sole responsibility for the accuracy, quality, and legality of the Customer data and the means by which the Customer acquired its data. The Customer hereby represents and warrants to, and covenants with Motor Assured Limited that the Customer Data will only contain Personal Information in respect of which the Customer has provided all notices and disclosures to enable Motor Assured Limited to provide the Service, including with respect to the collection, retention, access, use, disclosure and transmission of Personal Information.

Motor Assured Limited may not process or use the Customer's personal data for any other purpose than provided in the instructions, including the transfer of personal data to any third-party country or an international organization, unless Motor Assured Limited is required to do so by Jamaican law or internationally required and without the consent of the party. In that case, Motor Assured Limited shall inform the Customer in writing of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest.

1. Where the customer has given their permission to transfer their personal data to a third-party country or to international organizations, Motor Assured Limited must ensure that there is a legal basis for the transfer.
2. If Motor Assured Limited is of the opinion that an instruction from the Customer is in violation of the local, regional or international laws regarding Data Protection and or its regulations and provisions, Motor Assured Limited shall immediately inform the Customer in writing about this and will not be obliged to transfer the Personal Data.

Motor Assured Limited's general obligations

1. Motor Assured Limited will use reasonable endeavours to ensure that person(s) authorized to process the personal data will act with confidentiality or are under an appropriate statutory obligation of confidentiality.
2. Motor Assured Limited shall implement reasonable technical and organizational measures to prevent the personal data processed from the following:
   1. accidentally or unlawfully being destroyed, lost or altered,
   2. disclosed or made available without authorization, or
   3. otherwise processed in violation of applicable laws relevant, including the Data Protection Act of Jamaica, for the Services.

3. The appropriate technical and organizational security measures must be determined with due regard for
   1. the current state of the systems,
   2. the reasonable cost of their implementation, and
   3. the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons.

4. Motor Assured Limited shall upon reasonable request (to a maximum of once per annum) provide the Customer with sufficient information to enable the Customer to ensure that Motor Assured Limited complies with its obligations under the DPA, including ensuring that the appropriate technical and organizational security measures have been implemented.
5. Motor Assured Limited must provide information related to the provision of the Services to the customer only to authorities or the Customer's external advisors, including auditors if this is necessary for the performance of their duties in accordance with Jamaica or regional law.
6. Motor Assured Limited must give authorities who by local and regional laws have a right to enter the Customer's or the Customer's supplier's facilities, or representatives of the authorities, access to Motor Assured Limited physical facilities against proper proof of identity.
7. Motor Assured Limited must without undue delay after becoming aware of the facts in writing notify the Customer about:
   1. any request for disclosure of personal data processed under the DPA by authorities, unless expressly prohibited under local, regional law or international law,
   2. any suspicion or findings of (a) breach of security that results in accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed by Motor Assured Limited in connection with the Services, or (b) other failures to comply with Motor Assured Limited's obligations under clause 2 and 3 of this section, or
   3. any request for access to the personal data received directly from the data subjects or from third parties relating to the processing of personal data on behalf of the Customer.
8. Motor Assured Limited must promptly assist the Customer with the handling of any requests from data subjects in accordance with the DPA 2020, including requests for access, rectification, blocking or deletion, which relates to the processing of personal data in connection with the Services.
9. Motor Assured Limited must assist the Customer, at the customer's cost with meeting the other obligations that may be incumbent on the Customer according to local and regional law related to data processing where the assistance of Motor Assured Limited is implied, and where the assistance of Motor Assured Limited is necessary for the Customer to comply with its obligations. This includes, but is not limited to, at request, providing the Customer with all necessary information about an incident and all necessary information for an impact assessment in accordance with the incident.
10. The Customer may at any time request reasonable information about the servers, and offices used by Motor Assured Limited in connection with the Services and Motor Assured Limited shall respond within 30 days with such information as Motor Assured Limited deems as reasonably required.

4 Sub-processors

1. Motor Assured Limited may engage the services of subprocessors to provide the Services. Motor Assured Limited undertakes to inform the Customer of any intended changes concerning the addition or replacement of a sub-processor by providing prior written notice via the Customer's business account. 

Amendments 

Motor Assured Limited may at any time amend this Policy, and such changes or modifications shall be effective immediately upon posting.

Term and consequences of the termination of the Agreement

On the Customer's request, Motor Assured Limited shall immediately transfer or delete (including anonymization) personal data, that Motor Assured Limited is processing for the Customer, unless local or regional law requires the storage of the personal data, or unless the performance of the request is deemed to be excessive or unnecessary and will not significantly impact the privacy or rights of the data subject.

Priority

If any of the provisions of the DPA conflict with the provisions of the Agreement, then the provisions of the DPA shall prevail. However, the requirements in clause 3 do not apply to the extent that the Parties in another Policy have set out stricter obligations for Motor Assured Limited.

This Policy does not determine the fees associated with the services provided by Motor Assured Limited.

Motor Assured Limited's Data Protection Office

The Customer can get in contact with Motor Assured Limited’s data protection officer by sending an email to: customerexperience@motorassurewi.com

ANNEX A

The categories of personal data collected by Motor Assured Limited include but are not limited to the following:

• Your Full (Government) Name
• Your Residential address, or other postal address
• Your email address
• Your billing information
• Your telephone numbers