Terms of Business

Background

These Terms of Business (the “Terms”), together with any and all other documents referred to within, set out the terms under which the Services are provided and the Insurance Policies are sold through our website https://www.eleos.co.uk/ (the “Site”).

Please read these Terms carefully and ensure that you understand them. You will be required to read and accept the Terms when applying for an Insurance Policy.

If you do not agree to these Terms, then you should not use the Services or apply for an Insurance Policy through the Site. We may terminate the Services on written notice at any time in the case of any breach or non-compliance.

These Terms are in the English language only.

2. Who regulates us

2.1 Eleos Life Limited (FRN: 998550) is authorised and regulated by the Financial Conduct Authority (FCA) to carry on insurance distribution activities in relation to non-investment insurance contracts and certain consumer credit activities.

2.2 We are only authorised to hold client money on an Insurer’s behalf. Therefore, any payments you make (other than for any sums we may be due for the Services) will be received by us as an agent for the Insurer.

3. The Services

Nature of the Services provided

3.1 It is important to note that we act only as an insurance intermediary and, as such, we do not provide or underwrite any Insurance Policy ourselves. Our aim is to ensure that you obtain an Insurance Policy that is suitable for your needs.

3.2 In order to do this, we will ask you some questions to help narrow down the selection of quotes that we can provide details on. It will then be up to you to make your own choice about which option is right for you. It is important that you are therefore familiar with your obligations under clause 5 of these Terms.

3.3 We may also liaise with you regarding any quotes provided online via email, phone call, text message, or WhatsApp. However, we will not offer advice or recommendations at any point during provision of the Services.

3.4 Through Insurers, we offer two main insurance products; Eleos Income Protection (“EIP”) being the primary insurance product, and Eleos Simplified Income Protection (“ESIP”), being a simplified, alternative option.

3.5 If your circumstances mean you are not eligible for EIP, we will check your eligibility for ESIP. We will inform you if you are not eligible for either product.

3.6 The Insurer will set the terms and the premium of the Insurance Policy. We do not control the premium or terms relating to insurance quotes that we provide to you. We cannot guarantee that you will be able to purchase the Insurance Policy for the premium quoted and we do not accept any liability for any loss resulting from any change to the premium, availability, or validity of a quote.

3.7 If you obtain a quote through us, it will state how long it is valid for or any special terms by following the provided links. Any quote we may provide is subject to an Insurer’s request for additional information from you in relation to your health or lifestyle. This additional information you provide may affect your premium and/or other terms of the Insurance Policy. You are again reminded of your obligations under clause 5 when providing any information.

3.8 The premium for the Insurance Policy will be confirmed to you prior to purchase. Please be aware, however, that premiums may change during the term of an Insurance Policy should your circumstances change.

3.9 All premiums are checked by us when we process your Application. In the unlikely event that we have shown incorrect premium information, we will contact you in writing before proceeding with your Application to inform you of the mistake and to ask you how you wish to proceed. We will then give you the option to purchase the Insurance Policy at the correct premium or to cancel your Application. We will not proceed with processing your Application until you respond.

3.10 The ultimate decision on whether to offer you cover under an Insurance Policy rests exclusively with the Insurer. Where we have sold an Insurance Policy which the Insurer subsequently declines to underwrite, we shall have the right (at our sole discretion) to cancel the Insurance Policy on immediate notice and to issue you with a full refund of any premium(s) paid.

3.11 We do not handle any claims that may arise under an Insurance Policy. Should you need to make a claim then you should follow the claims process set out in your Insurance Policy.

3.12 From time to time, we may offer you additional benefits or perks, as well as the opportunity to participate in other promotions, both which we may provide directly and also provided via third parties.

3.13 We may also, with your consent, introduce you to third parties for the purposes of purchasing an Insurance Policy.

3.14 Where we direct you to third party providers (including to third party websites), you acknowledge and agree that:

3.14.1 We have no control over any third parties or third party resources and cannot therefore be responsible for their actions, content, and availability; and

3.14.2 We cannot guarantee any third party discounts or other offers provided via Eleos, which will be at the ultimate discretion of the third party alone.

3.15 We reserve the right to vary or remove any additional benefits, perks, or promotions at any time on immediate notice, and at our sole discretion.

Our standards

3.16 As required by law, we will provide the Services consistent with best practices and standards in the insurance intermediary market and in accordance with any information provided by us about the Services.

3.17 We will make every reasonable effort to provide the Services in a timely manner. We cannot, however, be held responsible for any delays if an event outside of our control occurs. Please see clause 6 for further details of our potential liability.

3.18 If we require any information or action from you in order to provide the Services, we will inform you of this as soon as is reasonably possible.

3.19 In certain circumstances, for example where there is a delay in you sending us information or taking action required under clause 3.18, we may suspend the Services (in which case we will inform you by email).

4. Our fees

4.1 You do not have to pay us any fees to use our Services. When you buy an Insurance Policy through us, the Insurer will pay us a commission for the Services we have provided. Further information can be obtained on request.

4.2 Details of any other fees or charges that you may be obliged to pay (for example administration charges or cancellation fees) are determined by the Insurer, not us, but will be clearly set out before you commit to buying any Insurance Policy.

5. Your obligations

5.1 Before buying insurance through us, you should read the Insurance Policy Conditions thoroughly. The Insurance Policy Conditions will include any terms and conditions between you and the Insurer.

5.2 It is your responsibility to provide complete and accurate information to us and the Insurer at all times, including when you apply for and buy your Insurance Policy. It is important that all statements you make and all questions you answer are complete, true and accurate.

5.3 In particular, it is your duty to take reasonable care not to make a misrepresentation to an Insurer, which means you cannot provide any false information and must respond fully and promptly to any requests for information from the Insurer, whether received from them directly or through us.

5.4 The validity of the Insurance Policy depends on the information you provide. This may mean that the Insurer can refuse to pay a claim, or may not pay a claim in full, or may even choose to void the Insurance Policy entirely.

5.5 Neither we nor the Insurer will have any liability for any information you provide that is delayed, incomplete, or otherwise incorrect.

5.6 If there is any change to your circumstances (such as where you live, your personal circumstances, or your health) then you should tell us straight away. It is also likely to be a condition of any Insurance Policy that you inform the Insurer of any changes. If such changes are not notified on time, an Insurer may refuse to deal with your claim or reduce the amount you receive from them.

5.7 If you purchase an Insurance Policy, the details of your cancellation rights will be included within. Sometimes the Insurer may include a cancellation clause in certain circumstances. You should ensure you understand when this might happen before you enter into the Insurance Policy.

5.8 It is your responsibility to pay any insurance premium on time and in full. If you do not pay the premium on time or at all, then the Insurer may cancel the Insurance Policy.

6. Our Liability

6.1 We will be responsible for any foreseeable loss or damage that you may suffer as a direct result of our breach of these Terms, or as a direct result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Application is made. We will not be responsible for any loss or damage that is not foreseeable or that is otherwise indirect or consequential.

6.2 Nothing in these Terms will exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors), or for fraud or fraudulent misrepresentation.

6.3 Nothing in these Terms shall exclude or limit your statutory rights. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

6.4 We do not accept any responsibility for any loss or damage you may incur as a result of the acts or omissions of the Insurer, or, as noted at clause 5.5, that occurs as a result of your act, delay, error or omission.

6.5 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond our reasonable control.

7. Complaints and Feedback

7.1 We always use reasonable endeavours to ensure that our Services are trouble-free. If, however, there is any problem with the Services, we will always try to resolve matters professionally and as quickly as possible.

7.2 If you feel dissatisfied with any aspect of our Services, then in the first instance please contact customer support at help@eleos.co.uk. We will immediately carry out an independent investigation of your complaint and will provide a written response.

7.4 As a consumer, you also have certain legal rights with respect to the purchase of insurance and the right to a cooling off period, as detailed within the Insurance Policy documents. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.

8. How We Use Your Personal Data

8.1 During the provision of our Services, we will collect and utilise certain personal data from you in order to provide you with a tailored quote for insurance products (such as life, income protection, and critical illness).

8.2 Also, in order to fully explain the options available to you and for us to obtain relevant information, we may contact you by telephone via the number you provide to us. You will receive a text message with instructions as to how to opt-out of this feature at any time if you so wish. A WhatsApp contact number will also be available to you if you have any questions.

8.3 We may also process your personal data for the reasons and on the grounds detailed within our Data Privacy Policy and Cookie Policy . This includes, but is not limited to, sharing your personal data with our commercial partners, either where it is necessary in order to provide you with our goods or services or to achieve our legitimate interests, or otherwise with your knowledge and consent.

9. General

9.1 These Terms, and the relationship between you and us (whether contractual or otherwise) shall be governed by the laws of England & Wales, and any dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales.

9.2 As a consumer, you may also benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 9.1 above takes away or reduces your rights to rely on those provisions.

9.3 We may transfer (assign) our obligations and rights under these Terms to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed in writing. Your rights under these Terms will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.

9.4 If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall not affect the remainder of these Terms, which shall remain valid and enforceable.

9.5 No failure or delay by us in exercising any of our rights under these Insurance Purchase Terms means that we have waived that right, and no waiver by us of a breach of any provision of these Insurance Purchase Terms means that we will waive any subsequent breach of the same or any other provision.

9.6 We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements. You should therefore check back here regularly.

9.7 Any notices that we may need to send you, either ourselves or on behalf of the Insurer, will be delivered by email to the email address registered to your account.

9.8 Unless otherwise agreed with us or the Insurer in writing, these Terms and the terms of any Insurance Policy are specific to you, and will not be enforceable by any other third parties.

9.9 We cannot guarantee the solvency of any Insurer with which we place business. However, the Insurer(s) will be covered by the Financial Services Compensation Scheme. You may be entitled to compensation from this scheme if they cannot meet their obligations to you. For additional information about compensation scheme arrangements, the FSCS can be contacted at www.fscs.org.uk or via phone on 0800 678 1100.

10. Communication and Contact Details

10.1 If you wish to contact us with general questions or complaints, you may contact us by telephone at 0808 196 1113, or by email at help@eleos.co.uk.

10.2 For matters relating to our Services or your Application, you may contact us by telephone at 0808 196 1113, or by email at help@eleos.co.uk.

10.3 For matters relating to cancellations or changes to your policy, please contact us by email at help@eleos.co.uk or by telephone on 0808 196 1113.

10.4 For anything relating to claims under your Insurance Policy, please contact the Insurer as provided in your Insurance Policy documents.