Terms of Use

Insoom GmbH

Effective as of January 1, 2016

Insoom is an online international health insurance intermediary with worldwide operations belonging to pro-Xpat (both under “We” or “Us”). We offer our clients information, advisory and assistance services supporting researching and purchasing international health insurance products (“International Health Insurances”) provided by international health insurance companies we have a broker agreement with (“Partners”). Furthermore we offer client support services to clients that have an insurance intermediary membership with us. The Service is made available through the website www.insoom.com (“Website”) as well as through other means of communication, such as telephone, skype, messenger and email (“Communication”). These services, including any updates, enhancements, new features, and/or the addition of any new Web properties and as specified in further detail in the corresponding section below, are subject to these Terms of Use (“TOU”).

The service is available to all individuals or companies (“you”) worldwide.

The service is provided by pro-Xpat Ltd. (London, UK, registered with the Registrar of Companies for England and Wales (Companies House) under the number 9473577) and its subsidiary pro-Xpat Ltd. Zeigniederlassung Pfyn (Pfyn, Switzerland, registered with the Commercial Register of the Canton of Thurgau, Switzerland, under the number CHE-164.280.452) (“We” or “Us”).

Pro-Xpat Ltd. Is registered with the Swiss Financial Market Supervisory Authority (FINMA) as a non-tied insurance intermediary under the number 30284. The register is publicly accessible under www.vermittleraufsicht.ch.

1. Acceptance and Changes

By using the service, which may be by, without limitation, visiting or browsing the Website, using any of the information, tools, features and functionality provided on the Website and/or registering on the Website, you agree to be bound by these TOU.

The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.

You may not use the Service and you may not accept this Agreement if you are not of a legal age in your country to form a binding contract with us. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity.

We reserve the right to update the TOU at any time without notice to you.

2. Our Service

Our Service is focused on the provision of information, advisory and assistance in researching and purchasing International Health Insurances as well as client support. Hereby, we may present you information we obtain from our Partners.

The provision of information, advisory and assistance in researching International Health Insurances through our Website or through other means of Communication does not require any registration. Purchasing assistance services include obtaining insurance quotes, assistance in the preparation of the application documentation and a check of the policy and premium (if applicable).

Client support services include claim handling, benefits clarification, and annual policy optimization advisory.

Assistance with purchasing International Health Insurances as well as client support services require registration of personal data and may require an Insurance Intermediary Membership with us.

Under no circumstances will any service include legal, tax, health or financial advice.

We reserve the right to change, expand or discontinue any Services at any time without prior notice.

The service is provided free of charge. However, depending on your means of accessing the Services (e.g. internet access or telephone charges) you may incur costs. We will not reimburse you for any costs you may incur.

3.Insurance Intermediary Membership

With the Insurance Intermediary Membership Contract you mandate us as your insurance intermediary and authorize us to represent you in international health insurance matters towards the health insurance company.

You always keep the right to decide whether or not to sign an insurance contract or with which Partner you decide to do so. All insurance contracts you decide to sign are entered directly between you and the Partner or third party. Under no circumstances will we enter any contracts on your behalf with a Partner or third party.

In case of a conflict, the Insurance Intermediary Membership Contract will always supersede the TOU.

4. Personal Information and Privacy Policy

The Privacy Policy is an integral part of the TOU and applies entirely. See the Privacy Policy disclosures relating to the collection and use of your information.

If any of the Services requires you to provide personal information, you must complete the process by providing us with current, complete and accurate information as prompted by the applicable personal information form.

5. Member Account, Password, and Security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the explicit permission of the account holder.

6. Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Services are for your personal and non-commercial use. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the Site or use of or access to the Site or any information or technology obtained from the Site.

7. Use of Services

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

 

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

 

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

 

• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.

 

• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

 

• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.

 

• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.

 

• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

 

• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

 

• Restrict or inhibit any other user from using and enjoying the Communication Services.

 

• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

 

• Harvest or otherwise collect information about others, including e-mail addresses.

 

• Violate any applicable laws or regulations.

 

• Create a false identity for the purpose of misleading others.

 

• Create, use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. We do not control or endorse the content, messages or information found in any Communication Services and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized spokespersons, and their views do not necessarily reflect ours.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

8. No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these TOUs. You may not use the Services in any manner that could damage, disable, overburden, or impair any insoom server, or the network(s) connected to any our server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any insoom server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

9. Availability of Service and Termination

The availability of our Service offered through the Website may be interrupted from time to time for any of several reasons. These may include, without limitation, malfunction, updating, maintenance or repair.

We reserve the right to terminate your access to any or any of the Services at any time, without notice, for any reason whatsoever.

10. Intellectual Property Rights

All the contents of the website, material and immaterial, belongs to pro-Xpat Ltd. and is protected by Swiss and foreign copyright, patent, trademark, and other laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services and/or the Webiste.

11. Links to Third Party Sites

The links in this area will let you leave our Webiste. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site.

12. Third Party Links to insoom.com

Without the written consent of pro-Xpat Ltd. no person and no website may create a link to the Website, neither to its homepage nor to any internal page.

13. Framing of insoom.com

Without the expressed prior written permission of pro-Xpat Ltd. no framing of this Site or any of its pages is permitted.

14. Material Submitted to Us or Posted on the Website

Except as provided by law and subject to our privacy and data protection policy, all the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”) shall become our property. Explicitly, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting us, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all our Services), including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and we may remove any Submission at any time in our sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these TOU including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these TOU and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these TOU, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

We or any of our employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when our products or marketing strategies might seem similar to ideas submitted to us. So, please do not send us your unsolicited ideas. If, despite our request that you do not send us your ideas and materials, you still send them, please understand that we make no assurances that your ideas and materials will be treated confidential or proprietary.

15. Separate Agreements

You may have other agreements with us. Those agreements are separate and in addition to these TOU. These TOU do not modify, revise or amend the terms of any other agreements you may have with us, or with any other division within pro-Xpat Ltd.

16. Disclaimer of Warranty

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICES OR THE INFORMATION PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL CONTENT AND MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SERVICE AND WEBSITE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT OR REPRESENT THAT THE FUNCTIONS OR OPERATION OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

17. Limitation of Liability

CONTENT, SOFTWARE AND TOOLS ON THE SITE PROVIDE YOU WITH ESTIMATES THAT MAY BE DIFFERENT THAN ACTUAL VALUES.

YOU AGREE THAT ALL ACCESS AND USE OF THE SERVICE, WEBSITE AND ITS CONTENTS IS AT YOUR OWN RISK. BY USING THE SERVICE OR WEBSITE, YOU ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, COMMON LAW, STATUTORY, REGULATORY, CONSEQUENTIAL, COMPENSATORY, PUNITIVE, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SERVICE OR WEBSITE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.

18. Governing Law and Consent to Jurisdiction

CONTENT, SOFTWARE AND TOOLS ON THE SITE PROVIDE YOU WITH ESTIMATES THAT MAY BE DIFFERENT THAN ACTUAL VALUES.

This Agreement shall be construed in accordance with and all Disputes hereunder shall be governed by the laws of Switzerland excluding the conflicts of laws provisions thereof. Disputes between the parties that are permitted to be brought in a court of law will be brought to court in Kloten, Switzerland.