Assurances Bourgon Inc

Terms and conditions of business for the ICF Group Professional Liability Scheme Program

Introduction
Assurances Bourgon Inc is a Quebec based insurance brokerage able to provide Canadian residents with a wide range of insurance services and acts as the Insurance Intermediary in respect of the Group Professional Liability Scheme policy issued to the International Coaching Federation (ICF) specifically for Canadian resident members of the ICF, and these Terms of Business are issued specifically for the purchase of coverage by Canadian residents who are members of this Group Scheme facility

This coverage is made available entirely through an Internet based medium. Visitors warrant that they will not interfere, either with malicious intent or otherwise with the functioning of this site. Sometimes Internet sites fail through factors entirely beyond the owner's control. We take all reasonable precautions to ensure the integrity of the site and we do keep logs of visitors for security reasons. We cannot be held responsible for the failure of the site when this is because of reasons beyond our control. The Internet site is http://assurancesbourgon.com

Assurances Bourgon Inc seek to achieve the highest professional standards and operate in accordance with the following Terms of Business

Assurances Bourgon Inc do not in any circumstance act as Underwriter nor do we guarantee or otherwise warrant the solvency of any Underwriter

Definitions

1. "We/Us" means Assurances Bourgon Inc of 1710 Rue Chateauguay, Huntingdon, QC, J0S 1HO Canada Telephone 450-264-6166
2. "Client" means the person(s) or company purchasing coverage of the Group Professional Liability Scheme policy issued to the International Coach Federation in Canada, who has first confirmed that they are a member of the ICF when the application is made
3. "Named Insured" means the person covered by the insurance. This is often the same person who is also decribed as the Client
4. "Policy" means the Group Professional Liability Scheme policy issued to the ICF
5. "Underwriter" means the Underwriter of the Group Professional Liability Scheme policy issued to the ICF
6. "Quotation" means the premium required by Underwriters to cover the risk being proposed within this web site
7. "Application" means the information and answers provided in the body of this website that are required to produce a Quotation and further information and payment needed to complete the application and lead to the issue of the Coverage.
8. "Coverage" means the insurance cover afforded by the Policy during the period as specified within the Evidence
9. "Evidence" is a document that the Client may print that provides documentary evidence of the terms of the Coverage
10. "Web site" means http://assurancesbourgon.inc

1 Policy purchase

1. The structure of the business of the Group Professional Liability Scheme policy issued to the ICF is that it is primarily Internet based through the Web site. All information regarding a quotation, a copy of the policy, definitions and other supporting and explanatory material is provided in the Web site
2. Application and payment is made via the Web site. If a Client makes an application and a payment and if for any reason whatsoever a policy is not effected We will refund any payment made for the purpose of the intended policy without delay
3. Prior to purchasing a Policy, The Client should obtain a quotation from the Web site. This is based upon information provided by the Client. The Client should read the Quotation carefully, as well as the Policy, as this will be the basis for the Policy and We will not be liable for any Client error, omission or misstatement.
4. Once an application is paid Coverage is available from the date the Client selected (and this may be immediate)
5. Quotations are valid for seven (7) days only, unless expressly extended by Us
6. Each Policy is based on ‘utmost good faith’, therefore the Client must advise the Underwriter of any material fact that may influence them in accepting, rejecting, imposing special terms or renewing the Policy any time prior to commencement of cover or renewal, and whilst the Policy continues. The Client must ensure the information, statements or answers provided on the Application are accurate and failure to disclose pertinent information, or provide misleading or false statements may lead to the Policy being invalid
7. Notwithstanding any other clause or condition in these terms We shall be entitled at any time to reject an order for a Policy whether such order is in compliance with the Quotation or otherwise
8. Cover under a Policy is usually effective from the date on which the application is made providing that the payment is made at the same time
9. In the event of a claim the Underwriter will require a signed statement from the Client that the information used as the basis for the Policy is wholly truthful at the time the Application was made, with particular reference to Clause 6 above

1. Unless otherwise agreed between the Client and Us the total amount payable for the Policy shall be the Premium provided by Us in the Quotation. The Premium quoted to the Client will include all fees, commission and management charges payable

3 Payment of Premiums

1. It is normal practice that premiums are paid via the Web site by credit or debit card at the time of application
2. Should the Premium not be paid to Us within the fourteen (14) day payment period, the Policy shall be deemed cancelled ab initio (from Inception), unless a premium payment extension period has been expressly agreed between Us and the Client. In the event of no extension being agreed, Underwriters will not cover any losses they may occur within the fourteen (14) day premium payment period
3. A policy issued by us cannot be cancelled mid-term
4. When paying by credit / debit card, the charge will appear on your credit card statement as "Assurances Bourgon Inc"

1. In the event of a Client being made aware of a claim or being made aware of a circumstance that may give rise to a claim in the future, the Client must advise the person noted on the Evidence at its earliest opportunity. Failure to do so may prejudice the Underwriter and as a result, the Underwriter may refuse to meet any losses under the Policy. In any event the Client should also advice Us at the address noted above of a claim, or the possibility of a claim
2. In the event of a claim, or circumstance that may give rise to a claim in the future, the Client shall not admit liability nor agree to any course of action without the express agreement and consent of the Underwriter
3. In the event of a claim, or circumstance that may give rise to a claim in the future, the Underwriter may, at its discretion, take over the handling of the claim and appoint any professionals it deems suitable to reduce the cost of a claim

5 Regulatory and Legal Environment

1. The federal and provincial governments share jurisdiction over insurance matters in Canada, and both are involved in the regulation and supervision of participants in the insurance industry
2. We conform fully to the relevant regulatory requirements
3. We shall not be liable to the Client for any indirect or consequential losses or damage, costs, expenses or other claims for consequential compensation whatsoever, which arise out of or in conjunction with the Policy provided to the Client

6 Policy Assignment

1. The Client cannot assign or transfer the Policy to another party without our prior written consent

7 Communications

1. All communications between Us and the Client must be in writing (which for the purposes of this Policy includes email) and be delivered by hand or sent by first class post or sent by facsimile or electronic transmission: -
   (i) to Us; at our office as noted at the top of this page
   (ii) to the Client; to its registered office or any other address the Client has set out in the Proposal or Application form, which forms part of the Policy, or any other address we are notified of by the Client

8 Complaints

1. We take pride in providing a high level of service at all times. Similarly, we expect our Clients to conduct themselves in a professional manner and to provide Us with clear and concise instructions. If you have cause to feel unhappy with us in any way please contact, in the first instance, the Office Manager either orally or in writing. Your complaint will be acknowledged within two (2) working days advising of who is dealing with the complaint and indicating when you may expect an answer. We will provide a formal written response within twenty (20) working days from receipt of the original complaint. If a complaint cannot be resolved within this timescale, will write to you with an explanation and the likely timescale involved
2. Should the Client believe the matter has not been resolved to its satisfaction, We will advise of any further redress available to the Client

9 Confidentiality

1. All information supplied by the Client to Us will be treated as private and confidential, and will not be disclosed to any other parties without the Client's prior consent, unless disclosure is enforceable by a statutory body with judicial power to force Us so to do
2. We will only use and disclose the information provided by the Client in obtaining quotations and arranging and administering your Policy with Underwriters
3. We may use information we hold about the Client to provide the Client with details of other products or services We feel may be of benefit to you. If you do not wish to receive such information, please let Us know
4. The provisions of these Confidentiality clauses shall survive termination of the Policy

10 General

1. If any provision under these Terms of Business is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partially illegal, invalid, void, avoidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Terms of Business shall continue in full force and effect
2. Failure or delay by Us in enforcing or partially enforcing any provision of these Terms of Business will not be construed as a waiver of any of its rights under the Terms of Business
3. These Terms of Business shall be governed by and construed in accordance under the law of Canada and both parties submit to the exclusive rights of the Canadian courts.

11 Data Protection

1. Each party shall comply with all appropriate data protection legislation and principles in relation to personal data controlled or processed by it.