TERMS OF BUSINESS
Please read this document carefully as it sets out the basis on which we may provide products and services to you.
Sherpa Management Services UK Limited is an insurance intermediary authorised and regulated by the Financial Conduct Authority (‘FCA’). The FCA is the independent watchdog that regulates financial services. Our FCA registration number is 798653.
Our Services and Products
Through the Site you will be able to provide information to us that will enable us to assess your insurance needs. We may recommend insurance products to you. You can buy the products via the Site.
Once you submit the information required you may be provided with a Sherpa Protection Score. This will describe your ability to withstand some of the risks that life presents against which you might insure. Please see clause 4 below.
We may recommend insurance products to you based on your needs and requirements. Our recommendations and advice are not based on a fair analysis of the market. We offer the insurance products only of certain insurers. Please see clause 6 below.
When taking action on your insurance, Sherpa acts on your behalf.
What will you have to pay for our services?
Most insurance intermediaries are remunerated by commission – sometimes called brokerage – which is a percentage of the premium paid by the insurance buyer. This is not the case with Sherpa.
Sherpa will not charge for providing you with advice and your Sherpa Protection Score. However, if you buy an insurance product via the Site you will be charged a subscription per month for subscribing to the Sherpa service (“Subscription”). Please see clause 8 below.
The Subscription does not increase according to the number of insurance products you purchase, and if you do not buy an insurance product via the Site then no Subscription is payable.
What to do if you have a complaint.
Please see clause 10 below.
Are we covered by the Financial Services Compensation Scheme?
Yes, we are covered by the Financial Services Compensation Scheme. Please see clause 11 below.
- The following definitions apply to these terms and conditions.
- “Applicable Law” means the laws and regulatory requirements to which Sherpa is subject.
- “Site” means meetsherpa.com and any mobile applications or similar devices, channels or applications operated by or on behalf of us.
- “Subscription” means the fee referred to in clause 8.
- “You” and “your” means the person using or who wishes to use the Site.
- “We”, “us”, “our” and “Sherpa” means Sherpa Management Services UK Limited.
Our Obligations To You
- We shall use reasonable care, skill and diligence with regard to:
- any information, advice or recommendations we provide to you;
- our involvement in assessing your circumstances, providing insurance quotes to you and creating binding contracts of insurance between you and insurance providers;
- our handling of your claims and queries;
- making introductions to other insurance professionals who might be able to assist you;
- putting in place appropriate information security, technical and organizational arrangements to ensure that information that you provide to us is not lost or mislaid; and
- assisting you in amending insurance products you have purchased.
- We shall comply with Applicable Law.
- We shall use reasonable care, skill and diligence with regard to:
Full Disclosure of Information By You
- It is important that the information you provide to us is accurate and complete in all respects, so please double-check before submitting it. The answers you give to questions we ask you, and any other information you provide, affect our ability to provide you with a true and reliable Sherpa Protection Score and recommendations about insurance products that may be suitable for you. The information you provide will also determine the costs that you pay for insurance products that you might want to purchase.
- If you do not provide complete and accurate information, any insurance product you purchase may be void, you may not be able to make a claim or you may need to pay additional premiums to reflect any increased insurance risk assumed by insurers.
Sherpa Protection Score
- Based on the information that you provide we may communicate to you a Sherpa Protection Score. The Sherpa Protection Score represents our assessment of your ability to withstand the risks that might befall you, and which can be insured against. Together with the Sherpa Protection Score we will provide you with information on how you might apply it to your particular circumstances. As well as providing you with a Sherpa Protection Score we may, if we think it is appropriate, provide you with a Personal Recommendation (see clause 5 below).
- The Sherpa Protection Score, and in some circumstances a Personal Recommendation, is provided to you free of charge. Unless you purchase an insurance product via the Site we shall not be liable for any loss or damage you suffer through your reliance on the Sherpa Protection Score, Personal Recommendation or other information we provide to you. Therefore, if you intend to purchase an insurance policy in some way other than through the Site we suggest that you seek appropriate insurance advice.
- Where we provide you with the Sherpa Protection Score and other information via the Site, you may request that we provide you with a hard copy of that information, and we will provide it to you free of charge.
- Where we think it is appropriate, we may also make an introduction to an organization that we believe may be able to assist you and make an appropriate recommendation to you about insurance product(s) that you might need (see clause 13 below).
Making Personal Recommendations
- We may provide you with a Personal Recommendation. This is a recommendation that, given the information you have provided to us and our assessment of your requirements and needs, a particular insurance product or products may be suitable for you.
- Where we make a Personal Recommendation it is important that you note that we have not advised you on the basis of a fair analysis of the insurance market. We will provide you with information on the type of products that we are recommending, how they work, their benefits, limitations and exclusions, and the impact they may have on your, or your family’s, risks and your Sherpa Protection Score. We only recommend the insurance products of particular insurers with whom we have entered into arrangements. Sherpa arranges your insurance through Scottish Friendly Assurance Society Ltd.
- Upon your request, we will provide you with information about each insurer with whom we conduct business.
- We will also provide you with the Insurance Product Information Document “IPID” in relation to general business insurance policies and Policy Documentation in relation to life insurance policies. These will be available through the Site.
- You will be able to access the full policy terms and conditions for our products and services before you make any purchase, although we will highlight to you any important exclusions or conditions when we make a Personal Recommendation. This will include information on how you may terminate the particular insurance product we have recommended.
Buying Insurance Products
- Through the Site you can directly buy insurance products, and as a result, become party to a contract of insurance. When you ‘accept’ the terms offered you will be under a contractual obligation to pay the insurance premium and the insurer will be obliged to honor its obligations.
- There may be occasions where your acceptance does not constitute a binding contract of insurance because some further confirmation is needed from insurers. In such a case we will make it clear how you will become aware that a contract of insurance has been concluded and what, if anything, is required from you by way of further information or steps.
- Upon your request, we will provide you with information about each insurer with whom we conduct business.
Insurance Product Amendments and Cancellations
- Some insurance products you might purchase can be amended while in force. For example, you may be able to increase the amount of cover you have purchased, add family members or others to a policy, or access other benefits that the insurer offers. In some cases you may be able to alter the extent of the cover purchased without having to re-submit all of the information you have provided to us. You will find information on the Site about how you can amend products bought on the Site.
- Under Applicable Law, once you’ve bought an insurance product you may have the right to cancel it, within a certain period of time from purchase, without giving any reason. This is sometimes referred to as a ‘cooling off’ period. When you have purchased an insurance product through the Site we will communicate to you the relevant cooling off period, when the period commences, and what you would need to do to cancel the insurance product within the cooling off period.
Our Fees And Charges
- Where you have bought an insurance product via the Site you will be charged a monthly Subscription plus any applicable VAT or other taxes. The Subscription does not depend on the number of insurance products you might purchase via the Site.
- The standard monthly Subscription amount for our initial Self-Employed membership will be £5. We may, from time to time, as a marketing incentive to new customers and customers of our affinity partners offer promotional rates at less than £5 at our discretion.
- You will be liable to pay the Subscription during the period you are a member of Sherpa.
- The Site will set out the options available to you to make payment.
- You may choose to cease using the Site at any time. In that case, you will lose access to all our services and access to the Site as a member. Both you and we will remain subject to any obligations that have accrued under these terms and conditions, including with respect to payment obligations that have accrued but not yet been paid. Our disclaimers and releases will survive any such termination or cessation.
- Please note that if you cancel the Subscription after you have bought an insurance product via the Site, you will cease to have access to the Sherpa Protection Score, and will be unable to access any product features that form part of Sherpa’s services.
- If you need to make a claim you may contact us by telephone on (+44) 020 355 20818 or by email to email@example.com. Sherpa do not administer claims but can provide the information that you will need to initiate the claim with the insurer. You can also find this information on the Site.
- We are committed to giving you the best service that we can. If we fall short of that, please let us know and we will do whatever we can to put things right.
- If you have a complaint about our service or products, you can contact us via the Site, by telephone on (+44) 020 355 20818, by email to firstname.lastname@example.org or by writing to us at 118a Northcote Road, London, SW11 6QP. Please let us know your details, how we can contact you, and explain why you are unhappy.
- We will endeavor to contact you within 5 working days to let you know that we have received your complaint, and ask for any additional details that are needed. We will also let you know who will be handling your complaint and their contact details.
- We will undertake an investigation of your complaint and will normally seek to resolve all complaints within 4 weeks. We will contact you within that time to notify you of the outcome of our investigation and any remedial action we may take, or to let you know that we need more time to complete our investigation, whichever is the case.
- If you are unhappy with our response to your complaint, or feel that we haven’t listened to you, you can contact the UK Financial Ombudsman Service and ask them to conduct an independent review of your complaint. You may also contact them if we haven’t resolved your complaint within 8 weeks.
- The Financial Ombudsman Service is an independent and impartial body and contacting them will not affect your right to take legal action.
- Their contact details are:
- Financial Ombudsman Service
Harbour Exchange Square
Tel: 0800 023 4567
Tel: 0300 123 9123
Fax: 0207 964 1001
Financial Services Compensation Scheme
- We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. If you are eligible to claim from the FSCS, compensation is available as follows:
- insurance advising and arranging is covered for 90% of the claim without any upper limit; and
- for compulsory classes of insurance, insurance advising and arranging is covered for 100% of the claim without any upper limit.
- Further information about compensation scheme arrangements is available from the FSCS on 0800 678 1100 (freephone) or 020 7741 4100 or fscs.org.uk.
Limitation Of Our Liability
- Where you have not bought an insurance product via the Site then, in the absence of our willful misconduct or default, we will not be legally liable for any loss or damage you have been caused, however arising, in respect of anything done or omitted to be done by us or anyone acting for or on our behalf.
- Where you have bought an insurance product via the Site then our liability to you, howsoever arising, shall be limited to £2,000,000 (two million pounds) in respect of any single claim that you might have or any series of claims based on the same underlying cause.
- With regard to the provision of any service to you, no employee or other individual acting on our behalf will have any liability to you.
- For the purposes of this clause 12, “we”, “us” and “our” means Sherpa Management Services UK Limited, Sherpa Management Services Limited, and their officers, employees, agents and successors.
Introductions We May Make
- We may introduce you to other advisers or product providers via the Site. Any introductions that we make will be to persons that we honestly and in good faith believe are able to provide you with insurance information, advice and product in areas that we do not address on the Site.
- We receive no remuneration or other benefits from making an introduction.
- Where we make an introduction you should satisfy yourself that the firm or individual to whom we have introduced you is appropriately qualified and skilled for the purposes that you require.
- We will take all reasonable steps to ensure that the Site is available for you to access. However, from time to time that may not be possible, either because of circumstances outside our control, or for routine or emergency updates. We will endeavour to give you advance notice of times where the Site is inaccessible.
- We will use reasonable measures to ensure that the Site is free of viruses and other defects. We recommend that you use appropriate virus checking software.
- Changes To These Terms
- We may amend these terms and conditions with immediate effect where we reasonably take the view that such amendment is required to comply with Applicable Law or to meet an expectation of our conduct created by Applicable Law or by the FCA.
- In circumstances not covered by Clause 15.1, we may amend these terms and conditions at any time upon giving you reasonable notice of at least 45 days.
Third Party Websites
- The Site may contain hypertext links to websites operated by third parties. We do not control those websites and cannot accept responsibility for their content or any loss or damage you may suffer by accessing them. Those other websites will be subject to separate terms and conditions, normally contained on those websites.
- All information, data, graphics and material contained on the Site, including any trade marks, belong to us or our partners. You may not use or download them, other than for the purpose for which they are provided, without our written permission. Nothing shall be deemed to confer on any person any licence or right to reproduce or use any such content.
- You may choose to grant us permission to access your data from social media or other websites or applications, although you are under no obligation to do so. If you do grant us permission, we are authorised to access, use and store that data. That data will be subject to the same controls and procedures as all other answers and information you provide to us. (Please see clause 19 below)
- Where you grant us permission we are entitled to rely on the fact that accessing your data does not put you or we in breach of any contract or arrangement with any other party.
- The provision of our service to you will inevitably involve us in processing your personal data. In that regard, we shall comply with the Data Protection Act 1998 or any other applicable law that amends or supersedes that legislation.
- We may assign our rights and obligations under this agreement, upon giving you notice, to any affiliate company or to any person who acquires the whole or a substantial part of our undertaking. If we wish to assign our rights and obligations in any other circumstances then we shall require your consent, but you agree not to unreasonably withhold or delay the giving of such consent.
- You may not assign your rights and obligations under this contract to any other person without our express consent.
- Our permitted business is:
- Advising customers on non-investment insurance contracts;
- Arranging (bringing about) deals in non-investment insurance contracts;
- Making arrangements with a view to transactions in non-investment insurance contracts;
- Dealing as agent in non-investment insurance contracts;
- Assisting in the administration and performance of a non-investment insurance contract;
- Agreeing to carry on a regulated activity; and
- You may check this on the Financial Services Register by visiting the FCA’s website, www.fsa.gov.uk/register/ or by contacting the FCA on 0800 111 6768.
- These terms and conditions shall be governed by the laws of England and the Courts of England shall have exclusive jurisdiction over all claims or disputes arising out of, or in connection with, the Site, our products and services, and these terms and conditions.