Terms of Use

Terms of Use

A. Your Instructions

Please examine all (re)insurance document(s) carefully and advise immediately if any of them do not accurately meet your requirements or are incorrect, or if any of the (re)insurers, as detailed herein are not acceptable. Your instructions to PIBL to proceed will constitute your agreement to proceed with the placement of the (re)insurance as well as your agreement to these Terms and Conditions.

B. Disclosure of Material Information

The (re)insured has a duty of disclosure which requires the (re)insured to disclose all information which is known or which is ought to be known to the (re)insured in the ordinary course of business and which is material to the risk. (Re)insurance contracts are contracts of good faith. As such, the information is material if it would influence the judgement of a prudent (re)insurer(s) in determining whether to underwrite the risk or in establishing the premium.

You must notify Premier Insurance Brokers (hereinafter PIBL) of any changes in circumstances as soon as you become aware of them so that PIBL can disclose this information to the (re)insurer(s). The duty of disclosure applies when there are changes in the circumstances of the (re)insured which materially affect the risk, or relate to compliance with a warranty or condition in the policy and is a continuing obligation.

The accuracy and completeness of all answers, statements and/or information is the responsibility of the (re)insured and it is of utmost importance that all relevant information is provided and that it is accurate when completing a proposal or claim form or questionnaires for the (re)insurer(s). If the (re)insured becomes aware that material information that he has supplied before the contract of (re)insurance was finalised has been omitted or was incorrect, you should inform PIBL immediately.

(Re)insurer(s) may have the right to avoid the (re)insurance from its inception in the event that there is a breach of the duty of disclosure. This means that the policy is treated as if it never existed, so (re)insurer(s) would be entitled to seek recovery of any claims already paid by them under the (re)insurance and the (re)insurer(s) would normally return the premium in the absence of dishonest conduct. The duty of disclosure and the consequences of its breach may vary from the foregoing, dependent upon the law(s) of which country are applicable to the (re)insurance. If you are in any doubt as to the scope of the (re)insured’s duty of disclosure or whether any information is material and ought to be disclosed, please contact PIBL.

C. Renumeration

Subject to any agreement otherwise, PIBL is remunerated for its services by receipt of commission allowed by (re)insurer(s) and normally deducted from the premium. Further information will be provided on request. You consent to the receipt of such commission.

D. Jurisdiction and Choice of Law

Unless specifically provided for in any (re)insurance contract, any disputes will be governed by the laws of the Hong Kong SAR and the Courts of the Hong Kong SAR shall have exclusive jurisdiction over such disputes.

E. Limitation of Liability

PIBL will not be liable for any losses, costs or expenses suffered by you other than that arising from PIBL’s negligence, willful default or fraud. PIBL will not be liable for indirect, consequential or special damage, loss of profit or goodwill howsoever arising and will not be liable for losses, costs or expenses arising from matters outside PIBL’s reasonable control.

PIBL’s maximum liability in respect of any claim arising as a result of any placement of (re)insurance will be HKD 250,000 or equivalent in any other currency. No claim may be made against PIBL unless notice is given to PIBL within six months of the occurrence of circumstances giving rise to the claim and no proceedings may be commenced unless commenced within twelve months of the circumstances giving rise to the claim.

F. Personal Data

Any personal data collected by PIBL from you may be used in relation to placement of (re)insurance and/or for the handling of claims. It may be disclosed as required or permitted for this purpose under any applicable laws.

You have the right to check whether PIBL holds personal data, to request a copy or to update personal data, to withdraw consent for the processing of personal data and to ascertain PIBL’s practices in relation to personal data and the main purposes for which personal data may be used. Any such request may be addressed to PIBL’s data protection officer.

G. Claims Disclaimer

PIBL acts as insurance / (re)insurance brokers in this insurance / (re)insurance claim matter. The information provided herein is a bona fide compilation of information gathered from various agencies involved in handling the claim. PIBL’s intention is to put all the participating (re)insurers in the same position and to give them the latest update on information pertinent to the handling of the claim. It is not PIBL’s intention to comment or interpret any part of the terms and conditions of the insurance/(re)insurance contract, nor to comment on the liability aspect. It is a bona fide effort to facilitate the process of handling and recovery of the claim from the (re)insurers. PIBL does not accept and disclaiming liability for any loss directly or indirectly arising from the completeness or correctness of the information provided or for any dispute arising directly or indirectly out of or in connection with the claim.

H. Resolution of Disputes

In the event of any dispute, each of us will use good faith to resolve the dispute between our two organisations. In the event of failure of such negotiations, each of us will attempt to resolve it by usage of a mediator agreed between us. In the event of failure of mediation, PIBL may refer the dispute in accordance with the jurisdiction and choice of law clause below.

I. Fraud and Phishing Attacks Notice

If you receive an email that appears to come from PIBL which indicates a change of bank details it is unlikely to be genuine. PIBL’s bank account details WILL NOT change during the course of a transaction and PIBL WILL NOT notify you of bank details in the body of an email. If you are ever unsure about the validity of account details provided you are advised to verify the details before you transfer any monies to PIBL. Do not reply to an email appearing to come from PIBL advising of a change to bank details or act on any information contained within the email. Please contact PIBL immediately if this happens. PIBL accepts no responsibility for monies transferred into an incorrect account.

J. Confidentiality Disclaimer

Any email communication together with any attachments, is for the exclusive and confidential use of the addressee(s) and may contain legally privileged information. Any other distribution, use of reproduction without the sender’s prior consent is unauthorised and strictly prohibited. If you have received this message in error, please notify the sender by email immediately and delete the message from your computer without making any copies. While attachments are virus checked, the recipient should check email communications and any attachments for the presence of viruses. PIBL accepts no liability for any damage caused by any virus transmitted by email communications. Email communications cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete or contain viruses.