Terms & Conditions

Shyftjamaica.com is an ICW (Insurance Comparator Website) approved Insurance Web Aggregator. The portal is the exclusive property of Shyft Investments Limited who is the exclusive service provider and contracted by Fraser Fontaine and Kong Limited Insurance Brokers to manage the information on the website.

Fraser Fontaine and Kong Limited Insurance Brokers is a licensed Insurance Broking Company registered as such under the laws of Jamaica. Fraser Fontaine and Kong Limited Insurance Brokers offers, negotiates and sells insurance policies on behalf of insurance companies and as such acts as an intermediary between the Insurance Provider and you.

The use of this site is governed by the following Terms and Conditions.

Visitors not agreeing to the same may choose not to avail the services being offered by Shyftjamaica.com and Fraser Fontaine and Kong Limited Insurance Brokers and should exit the site without sharing their contact details.

TERMS AND CONDITIONS

Shyftjamaica.com intends to provide its visitors with accurate and updated information regarding different insurance policies offered by Insurance companies which are operational in Jamaica.

  1. Shyftjamaica.com and Fraser Fontaine and Kong Limited Insurance Brokers are not insurance companies.
  2. By submitting your contact details, you authorise Shyftjamaica.com, its “Partners” (which includes insurance companies, service providers of insurance companies and service providers of Shyftjamaica.com) to “Contact” you with regards to the information sought by you on Shyftjamaica.com
  3. The “Contact” may happen over phone, SMS, email or any other medium of communication. The communication will be for the purpose of verifying your details, offering support and information on suitable products, assisting in closing a sale or sharing related information.
  4. Shyftjamaica.com intends to provide its visitors with accurate and updated information regarding different insurance policies offered by Insurance companies, which are operational in Jamaica.
  5. Information provided by the site is updated on a regular basis as is available in the general public domain. Proper care is taken to ensure that the information is accurate and up-to-date. Shyftjamaica.com will not be held liable for any damage or loss arising due to same.
  6. Our participating insurance providers supply some of the information available on the website and therefore there may be inaccuracies in the website information over which Shyftjamaica.com has limited control.
  7. Information on the site will change from time to time without any notice being provided and the nature and timing of the same is solely governed by the company management.
  8. Information provided in this site is meant to help visitors arrive at a better informed decision. This site should be used as a comparator of different product offerings of Insurance companies and the visitor should make an independent verification with the Insurance companies to verify the claims made in the policy before making any purchase.
  9. Shyftjamaica.com does not warrant or guarantee the timeliness, accuracy or completeness of the website information or quality of the results obtained from the use of the website.
  10. The decision to Buy and/ or Apply for a policy is at the sole and complete discretion of the visitor and Shyftjamaica.com cannot guarantee and or cannot be held liable for loss or damage caused by claims made by insurance companies through their agents, partners, products or services, directly or indirectly.
  11. Fraser Fontaine and Kong Limited Insurance Brokers is only collecting or assisting in collecting the premium deposit on behalf of the Insurer you have chosen to buy the policy. The acceptance of the deposit as premium and final issuance of the policy is subject to the underwriting norms and discretion of the Insurer whose policy you have chosen to buy on which Shyftjamaica.com and Fraser Fontaine and Kong Limited Insurance Brokers has no control.  Fraser Fontaine and Kong Limited Insurance Brokers will ensure that the amount is refunded by the insurer in case there is no issuance of a policy.
  12. Shyftjamaica.com is not liable to any loss or damage arising due to a click which takes the visitor out of the site. Any transaction done by following a link to a third party site is at the sole risk of the visitor and claims, if any, should be settled with them.
  13. Shyftjamaica.com may pass on your personal information to the relevant participating provider if you apply to purchase a product through Fraser Fontaine and Kong Limited Insurance Brokers, however, Shyftjamaica.com does not guarantee when or if you will actually acquire the product that you have chosen. Shyftjamaica.com does not accept any liability arising out of circumstances where there is a delay in you acquiring the product you have chosen.
  14. We do not in any way imply that the materials on the sites or the products we discuss are available or for use outside Jamaica or in jurisdictions in which we are not licensed to do business, or that we are soliciting business in any such jurisdiction. By completing an on-line request for a rate quote, you are confirming that you are not a resident in any such jurisdiction.
  15. You agree to indemnify and hold harmless Fraser Fontaine and Kong Limited Insurance Brokers and Shyftjamaica.com from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this User Agreement or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this User Agreement. In any event, you shall provide us with such cooperation as is reasonably requested by us.
  16. These Terms and Conditions of Website Use, and the agreement they create, shall be governed by the laws of the jurisdiction of Jamaica.

 

LIMITATION OF WARRANTIES

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

  • The use of our Resources will meet your needs or requirements.
  • The use of our Resources will be uninterrupted, timely, secure or free from errors.
  • The information obtained by using our Resources will be accurate or reliable, and
  • Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

No information or advice, whether expressed, implied, oral or written, obtained by you Shyft .com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

LIMITATION OF LIABILITY

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Shyftjamaica.com will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

CLAIMS

Fraser Fontaine and Kong Limited Insurance Brokers is only an Intermediary and can assist with any insurance claims only to the extent of liaising with the Insurance Company on your behalf. Any insurance claim shall be processed by the Insurance Provider subject to their terms and conditions and the insurance policy.

Fraser Fontaine and Kong Limited Insurance Brokers and Shyftjamaica.com reserves the sole right to modify, amend, change, refuse or revoke their respective services at any time without assigning any reason and without assigning any reason and without any liability and notice.

COMPLAINTS PROCEDURE

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on Our Website or otherwise through Trips any materials that violate another person’s intellectual property rights. If you believe that your trademark or copyright rights or your rights as a consumer under the laws of Jamaica have been violated, please send us written notification to the address enclosed hereunder.

RESPONSIBLE USE AND CONDUCT

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

  • In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
  • You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
  • Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  • Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  • Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  • You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  • We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
    • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    • Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    • Contains any type of unauthorized or unsolicited advertising;
    • Impersonates any person or entity, including any Shyftjamaica.com or Fraser Fontaine and Kong Limited Insurance Brokers employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

  • We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Shyftjamaica.com and Fraser Fontaine and Kong Limited Insurance Brokers  , and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
  • You agree to indemnify and hold harmless Shyftjamaica.com and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.