IMPORTANT LEGAL NOTICE
1. Introduction
Motor Gap Ltd T/A Direct Gap, including subsidiaries and affiliates ("Website" or "Website Owner" or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising the website ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.
2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information or opinions, on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You or your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
2.1 Recommendations
Direct Gap make no recommendations as to the suitability of any insurance product offered on its website and accept no responsibility or liability for any losses or damages incurred as a result of policyholders non compliance with policy Terms and Conditions or fitness for purpose. Direct Gap act only as agents in the marketing of insurance products and as such, take no responsibility for the making of, administering or settling claims under these policies.
Neither Direct Gap or any officer or employee of Direct Gap will be liable whether in negligence or otherwise to any person for any error, omission, or incompleteness in the information on this web site.
3. Trademarks
The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of the Website Owner.
4. External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
5. Warranties
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.
6. Disclaimer of Liability
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, you or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information.
7. Use of the Website
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain ). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so.
8. General
8.1 Entire Agreement
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
8.2 Alteration
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
8.3 Conflict
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
8.4 Cession
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
8.5 Severability
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
8.6 Applicable laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
8.7 Comments or Questions
If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.
8.8 Cancellation and Refund Policy
Our no quibble money-back guarantee against all our insurance policies means that in the unlikely event of you being dissatisfied with your policy in any way, you have the right to cancel.
8.8.1. Our Gap Insurance policies can be cancelled at any time within 30 days of the policy purchase and obtain a full refund.
This is providing that notification of cancellation is received by email or post within the 30 days and providing that you have not made a claim in that time.
However if a claim has been submitted during this period, no refund will apply.
After 30 days, provided that no claim has been made you may cancel this insurance and receive a pro-rata refund of the premium paid for each unexpired months cover, calculated at the date the cancellation request is received by Direct Gap. Any applicable arrangement fees are non-refundable.
8.8.2. All other policies sold via this website can be cancelled at any time within 14 days of the policy purchase and obtain a full refund.
This is providing that notification of cancellation is received by email or post within 14 days and providing that you have not made a claim in that time.
However if a claim has been submitted during this period, no refund will apply.
After 14 days you may cancel this insurance but no refund of premium is available.
8.8.4. Upon receipt of a written cancellation request, where a refund is due, it will be made within 7 working days to the originating payment method.
8.8.5. Full cancellation details can also be found in the terms and conditions issued to you by your insurer.
8.8.6. Consequences of non-payment Monthly Payment Option
Failing to make a payment when it is due is a breach of the terms of the credit agreement and Premium Credit will take action to recover this amount from you. It will result in cancellation of the credit agreement and any insurance policies which are financed by the credit agreement. In addition you will be charged:
- £20.00 each time a Direct Debit from your account is returned unpaid; and
- all their reasonable costs, charges and expenses (together with all legal costs recoverable against you) incurred by Premium Credit enforcing their rights under the loan.
- No policy rebate or cancellation rebate will apply in the event of Premium Credit terminating your credit agreement.
Missing payments could have severe consequences including, for example, legal proceedings being taken against you and making it more difficult to obtain credit in future. Premium Credit may report non-payment to credit reference agencies and this will adversely affect your credit rating (which most lenders consult when assessing any borrowing application).
8.8.7. If a vehicle purchase price exceeds the given market on Glasses Guide, we reserve the right to investigate further. If we conclude that the price paid for the vehicle was higher than the market rate price, we can terminate the Policy with immediate effect within 21 days of the Policy purchase date. For more information see section 8.13.
8.9 Policy Transfer
8.9.1. Transferable policies purchased prior to 1 November 2012 can be transferred to your replacement vehicle where a £35 fee will apply. However where the replacement vehicle is deemed to be of a higher value an additional premium may be required.
8.9.2. Transferable policies sold after 1 November 2012 can be transferred to your replacement vehicle free of charge for the remainder of the unexpired period. However where the replacement vehicle is deemed to be of a higher value an additional premium may be required.
Alternatively we can rebate the unexpired portion of your transferable policy and credit this against a new policy for which an administration fee of £35 will apply.
8.9.3. Where a transfer is possible a new schedule will be issued confirming the replacement vehicle details. Cover will not include any refinancing.
8.9.4. Policies sold from 1 October 2013. Where policies are transferable only one transfer is permitted during the period of insurance.
8.9.5. In the event of bereavement, the remaining benefits of this Insurance may be transferred to the policyholder's spouse or partner.
8.9.6. If you dispose of your vehicle during the term of cover it is not possible to transfer the remaining unexpired policy to a new owner.
8.9.7. Full transfer details can also be found in the terms and conditions issued to you by your insurer.
8.10 Charges
8.10.1 All policy documents are delivered electronically and are emailed free of charge immediately after policy purchase payment is made.
8.10.2 A request for hard copy documents to be posted will not currently incur a charge.
8.10.3 Clients are able to log in to their policies and update details online, such as a change of address or registration number for which there is no fee.
8.10.4 Clients who make telephone requests for changes to address or registration number will incur a fee of £10.00.
8.10.5 Clients are able to make an online request for policy transfer following a change of vehicle. Providing that the transfer is possible and without further premium, the transfer will be free of charge.
8.10.6 Clients who make telephone requests for policy transfer will incur a fee of £10.00.
8.11 Deferred RTI+ and VRI+ Policies
8.11.1 For new vehicles, where you are the first registered owner/keeper, and have cover from your motor insurer in the first 12 months on a new for old basis, we allow you to defer the start date of your policy with us free of charge for up to 12 months.
8.11.2 Maximum deferment period of 12 months from date of first registration.
8.11.3 Policy must be purchased within 180 days of vehicle registration.
8.12 Liability Disclaimer
It is your responsibility to confirm your own and the vehicle's eligibility for the cover you are purchasing. You should use your own skill and judgement to select the policy and benefits most appropriate for your circumstances. We have provided the means to do so in each products terms and conditions.
We accept no liability for any losses or damage incurred as a result of; the policyholders non compliance with policy Terms & conditions or fitness for purpose. We make no recommendations as to the suitability of these insurance products and you will be responsible for complying with the terms and conditions of your policy/policies, any information provided may not address your individual requirements and you take full responsibility for your own decision as to your suitability for any product purchased. Neither we nor any officer or employee of Motor Gap Ltd will be liable (whether in negligence or otherwise) to any person for any error, omission, or incompleteness of the information on this web site or lack of availability of the web site.
8.13 Cancellation & Further Investigation
Motor Gap Ltd shall not be automatically bound to accept the completion or acceptance of any insurance contract purchased online. It reserves the right to further investigate the client and vehicles circumstances, should they feel the need arise.
Motor Gap Ltd, reserves the right to request further information that may include (but not limited to):
- The further stipulation of certain security features to the vehicle, not limited to tracking devices. Proof of tracking device may also be requested by Motor Gap Ltd and insurance limited to the provision of this device.
- Previous insurance history, including Total Losses and evidence of No Claims Bonus for Motor Insurance.
For new Policies, Motor Gap Limited will use Glasses Guide to check the real-time, retail value of car prices against the purchase price of the vehicle given. If the purchase price of a vehicle exceeds the Glasses Guide retail price, we reserve the right to investigate further. If we conclude that the price paid for the vehicle was higher than the market rate price, we can terminate the Policy with immediate effect within 21 days of the Policy purchase date.
We may cancel this insurance if in Our opinion You have at any time:
a. given Us false or incomplete information
b. agreed to help anyone try to take money from Us dishonestly,
c. failed to meet the terms and conditions of this insurance
d. failed to act honestly towards Us.
e. non-payment of premium.
f. threatening and abusive behaviour
g. not agreed to the provision of any additional security features, if requested.
h. provided additional information (including previous driving history, such as total losses, and vehicle security) that does not, in our sole opinion, meet our criteria for your chosen policy.
8.14 Consent to Receive Electronic Records
You agree that Direct Gap (Motor Gap Ltd), whether on its own behalf, and/or on behalf of an Insurer and/or third parties may utilize the Internet, e-mail, digital media or the like to transmit records and/or related information to policyholders.
This agreement informs you of your rights when conducting these transactions electronically with this agency from whom we may receive and/or transmit your records.
Before agreeing to receive records electronically, you must determine if you have the necessary hardware and software to access and retain these Records electronically. To access your Records, you will need an electronic mailing address, Adobe Acrobat Reader and a personal computer or other device which is capable of accessing the Internet.
To retain your Records, your access device must have the ability to download to your hard drive, or any external media storage, or to print the records.
If, after You have consented to the terms and conditions of this Agreement, a change in your hardware or software requirements needed to access electronic Records creates a material risk that you will not be able to access or retain subsequent electronic records which are the subject of this agreement, upon request, we will provide you with a hard copy of the documents via Royal Mail.
Your consent to receipt of electronic records applies to any and all records, policy documents, certificates, payment receipts and/or any information or electronic communications related to your policy. You can receive records required at this website or through the electronic mail address you provide. It is solely your responsibility to update us of any changes of postal address or electronic mail address. We cannot accept any liability for your failure to update our records accordingly.
Option to obtain paper copies of Records
You have the option to request that we provide you with paper copies of those records we provide to you electronically at this website, or through the electronic mail address you provide. If you wish to obtain the Records in non-electronic form, send your request to Direct Gap via email to [email protected] or via post to our registered address and provide your up to date mailing address. Hard copy documents will be issued via Royal Mail.
CONSENT AND ACKNOWLEDGMENT
BY PROVIDING YOUR EMAIL ADDRESS YOU ACKNOWLEDGE THAT YOU CAN ACCESS AND RETAIN THE ELECTRONIC RECORDS IN THE FORMAT DESCRIBED ABOVE, YOU CONSENT TO HAVING THE AGENCY, WHETHER ON ITS OWN BEHALF, AND/OR ON BEHALF OF AN INSURER AND/OR THIRD PARTIES, PROVIDE RECORDS TO YOU ELECTRONICALLY VIA EMAIL OR OTHER ELECTRONIC MEDIA. YOU ACKNOWLEDGE THAT YOUR INSURANCE POLICY, ANY AND ALL POLICY RECORDS, WILL BE DEEMED TO HAVE BEEN DELIVERED TO YOU IF THEY ARE SENT TO YOUR EMAIL ADDRESS. MOTORGAP LTD ACCEPTS NO LIABILITY FOR INCORRECT EMAIL ADDRESSES, IT IS THE CLIENTS RESPONSIBILITY TO ENSURE THE CORRECT EMAIL ADDRESS IS USED AND TO INFORM MOTOR GAP LTD OF ANY CHANGES TO THAT ADDRESS.
9.0 Initial Disclosure
9.1 The Financial Conduct Authority (FCA)
The FCA is the independent watchdog that regulates financial services. It requires us to give you this document. You use this information to decide if our services are right for you.
9.2 Whose products do we offer?
Gap Insurance products are provided by Financial & Legal Insurance Company Limited, 5400 Lakeside, Cheadle, Stockport SK8 3GQ.
Tyre & Alloy and Cosmetic products are provided by Fortegra Europe Insurance Company Ltd UK Branch, a branch of Fortegra Europe Insurance Company Ltd (Financial Conduct Authority registration number 805770).
9.3 Which service will we provide you with?
You will not receive advice or a recommendation from us. We may ask some questions to narrow down the selection of products that we will provide details on. You will then need to make your own choice about how to proceed.
9.4 What will you pay us for our services?
A fee ranging from £20 - £30 dependent of the product and term for the following products:
Ask us for a list of fees on our insurance.
9.5 Who regulates us?
Direct Gap is an online trading style of Motor Gap Ltd and is regulated & authorised by the Financial Conduct Authority. Our FCA registration number is 516846. You can check this on the FCA's Register by visiting their website at www.fca.org.uk/firms/financial-services-register or by contacting the FCA on 0207 066 1000.
9.6 Ownership
Motor Gap Ltd is a privately owned limited company. Direct Gap & Direct Excess are a trading style of Motor Gap Ltd.
9.7 What to do if you have a complaint.
If you wish to register a complaint, please contact us:
In writing to Motor Gap Ltd, Hawkstone House, Valley Road, Hebden Bridge, HX7 7BL
By Telephone 01422 756100
If you cannot settle your complaint with us, you may be entitled to refer to the Financial Ombudsman Service in writing at Financial Ombudsman Service, Exchange Tower, London, E14 6SR or telephone 0800 023 4567.
9.8 Are we covered by the Financial Services Compensation Scheme (FSCS)?
We are covered by the 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.
Insurance arranging and administration is covered for 90% of the claim, without any upper limit. Further information about the compensation scheme is available from the FSCS.