Legal Information

Terms of Business

TERMS OF BUSINESS

Kindlon Insurances Ltd. Trading as The Kindlon Insurance Group

90 Ranelagh Road, Dublin 6,

Phone: +353 (01) 4968853 Fax: +353 (01)4968360 Email:

Registered Address: 32 Lower Leeson Street, Dublin 2

Company Registration Number: 200081

These Terms of Business set out the basis on which The Kindlon Insurance Group will provide business services to you as a client of the firm. They also contain details of our regulatory and statutory obligations and the respective duties and responsibilities of both the firm and you in relation to such services. Please ensure that you read these terms thoroughly and if you have any queries we will be happy to clarify them. If any material changes are made to these terms we will notify you.

Kindlon Insurances Ltd is regulated by the Central Bank of Ireland and is a member Brokers Ireland.

Authorised Status

Kindlon Insurances Ltd C1253 is authorised by the Central Bank of Ireland under the Investment Intermediaries Act 1995 and is registered with the Central Bank as an Insurance Intermediary under the Insurance Mediation Directive. 2005 and as an Investment Intermediary authorised under the Investment Intermediaries Act, 1995. Copies of our various authorisations are available on request. The Central Bank of Ireland holds registers of regulated firms. You may contact the Central Bank of Ireland on 1890 777 777 or alternatively visit their website at www.centralbank.ie  to verify our credentials.

Statutory Codes

Kindlon Insurances Ltd is subject to and complies with the Consumer Protection Code, Minimum Competency code and the Fitness and Probity Standards as laid down by the Central Bank of Ireland. These Codes can be found on the Central Bank’s website www.centralbank.ie

Services Provided

We will offer advice on a Fair analysis basis in relation to a range of general personal and commercial general products, life and pensions products. This means we will research the market place and providers, and recommend the best product to suit your own needs. We will identify and select a suitable product producer and on receipt of your instructions we will transmit orders on your behalf to one or more product producers, (a list of which is available on request.)

We provide general insurance on a limited analysis basis (providing services on the basis of a limited number of contracts and product producers available on the market) for two products as follows:

  • Tour Operators Liability through Castle Consultants Ltd t/a Tour Indemnity
  • Personal Travel Insurance through Blue Insurance

We provide protection policy on a limited analysis basis (providing services on the basis of a limited number of contracts and product producers available on the market) for one products as follows:

  • One Plan through Irish Life

We will also offer assistance to you in relation to processing claims on policies taken out with us and in seeking renewal terms on your cover.

To ensure continuity of cover, where you have an existing policy which is due to expire and where we have been unable to contact you, we may put continuing cover in force whilst awaiting your instruction. You will be liable for any premiums payable to the relevant insurer for the period of time between renewal and when we receive your instruction. You have the right not to avail of this service.

Disclosure of Information

Any failure to disclose material information may invalidate your claim and render your policy void.

Regular Reviews

It is in your best interests that you review, on a regular basis, the products which we have arranged for you. As your circumstances change, your needs will change. You must advise us of those changes and request a review of the relevant policy so that we can ensure that you are provided with up to date advice and products best suited to your needs. Failure to contact us in relation to changes in your circumstances or failure to request a review, may result in you having insufficient insurance cover and/or inappropriate investments.

Conflicts of Interest

It is the policy of the Company to avoid any conflict of interest when providing business services to its clients. However, where an unavoidable conflict may arise we will advise you of this in writing before proceeding to provide any business service. A full copy of our conflicts of interest policy is available on request.

Remuneration & Fees

Our income is generated from a combination of Commission and Brokerage Fees for professional services. Fees may be charged for arranging insurance or for provision of advice and will be shown separately on your invoice. Brokerage Fees will be non refundable in the event of policy cancellation.

The firm will charge you a fixed fee or a percentage of the insurance premium and levies for the following services provided:

General Insurance Scale of Fees

  • New Business and Renewals for Private and Commercial Motor Insurance: Up to €50
  • New Business and Renewals for Household Insurance: Up to €50
  • New Business and Renewals for Travel Insurance: Up to €20
  • Mid Term Adjustments for the above: Up to €15

We reserve the right to amend these fees should the complexity of the product require a higher fee. We will confirm and agree this fee with you prior to any increased charge being applied.

Service fees in respect of commercial lines and general insurance may vary depending on a number of variables, the complexity of the case, time expended, risk urgency, seniority of staff involved and amount of commission receivable. The fee chargeable will be based on these variables and will be shown on your invoice.

Earnings disclosure in respect of Life Insurance, Pensions and Investments will appear in a product information document supplied in relation to such products. If we act for you on a non-commission basis, we will charge a fee to be agreed with you in advance. The fee will depend upon the complexity of the case, or to reflect value, specialist skills or urgency.

In the event that fees or charges are payable to a third party in connection with arranging or renewing cover, these charges will be disclosed and will be payable by you.

Premium Handling

Kindlon Insurances Ltd will accept payments in cash, by cheque, by bank transfer and by credit/debit card in respect of all classes of insurance in the circumstances permitted under Section 25G of the Investment Intermediaries Act 1995. Kindlon Insurances Ltd is not authorised to accept cash or negotiable instruments in any other circumstances.

Premiums are due on / or before renewal / inception date. Under the Central Bank legislation very strict rules apply in the payment of premiums to Insurance companies. We will not be able to pay premiums to insurers which have not been received from clients. Therefore, to avoid policy cancellation, premiums must be paid strictly within the credit terms, if agreed, otherwise immediately prior to cover incepting.

Receipts

Kindlon Insurances Ltd in all cases issues receipts for each non-negotiable or negotiable instrument or payment received. This is required pursuant to Section 30 of the Investment Intermediaries Act 1995. These are issued with your protection in mind and should be stored safely. 

Cancellation

You the customer can cancel your policy by notice in writing at any time. Provided that all reasonable charges pertaining to costs incurred by Kindlon Insurances Ltd have been paid and provided that no incident giving rise to a claim has occurred in the current period of insurance, you will be entitled to a proportionate return of the premium for the un-expired period of insurance unless the policy is on a minimum and deposit basis, and if this is the case, no return will be allowed on the policy and this will be noted on your policy schedule. If you cancel during the first year short term rates apply, please see policy terms and conditions. In the case of cancellation of motor insurance you must return the Certificate of Insurance and Windscreen Disc to Kindlon Insurances Ltd. Insurance companies normally reserve the right to cancel policies at any time by giving appropriate notice to your last known address. Please refer to your policy terms and conditions. 

Failure to pay or default

We reserve the right to instigate cancellation proceeding in the event of the following:

  • Your non-payment of the premium due at inception, renewal or following a mid-term adjustment.
  • Your bank returns your cheque due to insufficient funds or any other reason
  • Non disclosure of relevant information
  • Insurer imposed cancellation

Your insurer may cancel your policy in certain circumstances. These conditions are clearly outlined on all policy documents.

When your policy ends or is cancelled we will send you any documentation and information that you are entitled to on request.

Claims

All claims or circumstances likely to give rise to a claim should be reported to us immediately. Failure to do so may entitle insurers to refuse indemnity under the policy. If you are in any doubt as to whether or not a matter should be reported please tell us and we will be happy to advise. 

Complaints Procedure

Whilst we are happy to receive verbal complaints, it would be preferable that any complaints are made, in writing. We will acknowledge your complaint within 5 business days and we will fully investigate it. We shall investigate the complaint as swiftly as possible, and, the complainant will receive an update on the complaint at intervals of not greater than 20 business days starting from the date on which the complaint is made.  On completion of our investigation, we will provide you with a written report of the outcome. In the event that you are still dissatisfied with our handling of or response to your complaint, you are entitled to refer the matter to the Financial Services and Pensions Ombudsman (FSPO). A full copy of our complaints procedure is available on request.

Investor compensation

Kindlon Insurances Ltd is a member of the Investor Compensation Company Ltd (ICCL) Scheme established under the Investor Compensation Act, 1998. The Investor Compensation Act, 1998 provides for the establishment of a compensation scheme and the payment, in certain circumstances, of compensation to certain clients (known as eligible investors) of authorised investment firms, as defined in that Act.

The Investor Compensation Company Ltd. (ICCL) was established under the 1998 Act to operate such a compensation scheme and our firm is a member of this scheme.

Compensation may be payable where money or investment instruments owed or belonging to clients and held, administered or managed by the firm cannot be returned to those clients for the time being and where there is no reasonably foreseeable opportunity of the firm being able to do so.

A right to compensation will arise only:

  • If the client is an eligible investor as defined in the Act; and
  • If it transpires that the firm is not in a position to return client money or investment instruments owned or belonging to the clients of the firm; and
  • To the extent that the client’s loss is recognised for the purposes of the Act.

 

Where an entitlement to compensation is established, the compensation payable will be the lesser of:

  • 90% of the amount of the client’s loss which is recognised for the purposes of the Investor Compensation Act, 1998; or
  • Compensation of up to €20,000.

For further information, contact the Investor Compensation Company Ltd. at (01) 224 4955. 

Brokers Ireland Compensation Fund

We are also members of the Brokers Ireland Compensation Fund. Subject to the rules of the scheme the liabilities of its members firms up to a maximum of €100,000 per client (or €250,000 in aggregate) may be discharged by the fund on its behalf if the member firm is unable to do so, where the above detailed Investor Compensation Scheme has failed to adequately compensate any client of the member. Further details are available on request.

Data Protection

Kindlon Insurances Ltd complies with the requirements of the General Data Protection Regulation 2018.

Kindlon Insurances is committed to protecting and respecting your privacy. We wish to be transparent on how we process your data and show you that we are accountable with the GDPR in relation to not only processing your data but ensuring you understand your rights as a client.  The data which you provide to us will be held on a computer database and paper files for the purpose of arranging transactions on your behalf. The data will be processed only in ways compatible with the purposes for which it was given and as outlined in our Data Privacy Notice, this will be given to all our clients at the time of data collection.

We will ensure that this Privacy Notice is easily assessible. Please refer to our website www.kindlon.ie If this medium is not suitable we will ensure you can easily receive a copy by; hard copy, or e-mail.

Please contact us at if you have any concerns about your personal data.

Language

All communications in respect of our services will be in English

Governing Law

Our terms of business shall be governed by and construed in all respects according to the laws of Ireland

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