These Terms and Conditions establish the rules applicable to the access and use of the BMI PORTAL Website (hereinafter Website), as well as to the Applications to which as Agent/Broker (User) with a contractual relationship with BMI IGUALAS MÉDICAS DEL ECUADOR SA (BMI) has access, which at the time of use are understood to be accepted unless expressly stated otherwise.
LEGAL ASPECTS
- FROM THE BMI PORTAL WEBSITE BMI makes available to the User the Website, which allows for the automatic generation of quotes based on the information and data provided by the User With respect to the Client, including Personal Data with his/her due authorization, it allows the completion of information, filling out the application and finally contracting BMI products in the name and representation of the client and with his/her authorization.
- BMI PORTAL WEBSITE LIMITATIONS The use of the Website will be carried out only within the ECUADORIAN TERRITORY, understood as the geographical space that belongs to the Republic of Ecuador in accordance with its Political Constitution. It is an essential condition that the Client who benefits from the products contracted is an Ecuadorian citizen or has the immigration status of resident in the Republic of Ecuador. In order to use the services of the Website, it will be strictly necessary that the Client User Login with your User and password provided by BMI, from a mobile device with Internet coverage provided by a cellular operator or with access to WiFi. BMI will not be responsible for the interruption or restriction of the use of the Website by the mobile telephone service provider, nor will it be responsible for any changes or updates to the equipment or Applications that may become necessary, or for any costs related thereto, as long as it is understood and accepted that such circumstances are beyond its control. Access to the Website may not be available at any time, due to various factors, including but not limited to weather conditions, network failures, topographical conditions, geographic location, location of the mobile device in buildings with signal suppressors; consequently, access and use of the Website may be interrupted for reasons beyond BMI's control, so that failures or errors may occur such as the contracting process not being completed, the data entered for the quotes not being saved, the process having to be restarted. In any case, responsibility for any affectation in access or use of the Website due to causes beyond the control of BMI will not be assumed to any degree.
- MODIFICATIONS BMI, in order to suit its interests, its business needs or to comply with applicable legal or judicial provisions, reserves the right to introduce changes at any time in the access and use of the Website and in the services provided through it, these terms, and the information required for the contracting process, for which the publication of the modification made on the BMI WEB PAGE will be sufficient.
- WEB PAGE AND APPLICATIONS The use of our Website, as well as the download of Applications (if applicable), implies the acceptance of these Terms and Conditions of use specified in this legal notice and the implicit affirmation of having the legal capacity to accept them and be bound by them in one's own name and in the name and representation of the client after having advised and informed him/her in this regard.
- USE OF COOKIES BMI informs you that no "cookies" are used when browsing the Website; however, if they are used, this use is authorized.
- RULES OF USE (i) The User BMI PORTAL is authorized to use the Website for commercial use, with the aim of generating new business with mutual clients of BMI and the User.
- Improper, illegal or immoral purposes causing disturbances in the Services or making the operation of the Services compromised or impossible;
- To create, store or transmit defamatory, offensive or obscene content, or to engage in activities that may offend others on the basis of race, religion, creed or sex;
- To harm, or attempt to harm, minors in any way;
- To create, store or transmit any material that threatens or encourages physical damage or destruction of property or that constitutes a criminal offense or gives rise to civil liability;
- To create, store or transmit material that infringes any copyright, trademark, patent, trade secret, privacy, publicity or other intellectual property right or proprietary right;
- To create, store or transmit unsolicited advertising material to others Users;
- To create, store or transmit any material that is harassing to others;
- To make fraudulent, false, or incorrect offers, or to sell or buy products, items, or services not authorized by BMI, or to send chain letters, pyramid schemes, or similar;
- To collect or attempt to collect personal information about third parties without their prior consent, or to collect information about their on-screen behavior, or to create databases or any other activity whose purpose is to obtain lists of Useryour other data;
- For any activity that adversely affects the ability of other persons, or systems to use the Services or the Internet generally, including, but not limited to, network flooding and hacking;
- To resell, modify or redistribute any of the Services or impersonate any person or entity, or use a false name;
- To create false businesses or conventions, nor to generate or induce deception.
- To disclose any personally identifiable information to third parties (e.g. telephone number, geographic address or any other information that could lead to an individual's identity or contact details).
- INTELLECTUAL PROPERTY Al usar este Sitio Web y/o Aplicaciones BMI PORTAL, se reconoce que contiene información, comunicaciones, software, fotos, vídeos, gráficos, música, sonido, imágenes y otros materiales y servicios (en adelante todo denominado «el Contenido»), y que este Contenido es suministrado por BMI o bajo licencia de proveedores de contenido independientes, por tanto, se hace conocer y aceptar que, sin perjuicio que BMI permite acceder al Contenido, el mismo está protegido por las normas relativas a la propiedad industrial e intelectual, protección que se extiende tanto a los medios de transmisión existentes hoy o que en el futuro se desarrollen, por lo que el uso del Contenido estará regido por las referidas normas de propiedad industrial e intelectual, incluidos los tratados internacionales vigentes aplicables en Ecuador, salvo que se indique expresamente lo contrario en cada caso. Nada de lo contenido en estos Términos y Condiciones o cualquier otro documento deberán interpretarse como una licencia, concesión, autorización, cesión, sub-licencia o transferencia de derechos a favor del User or any third party and the User expressly acknowledges that it has no rights to such intellectual or industrial property rights.
- SOFTWARE AVAILABLE ON THE SITE Cualquier software que se ofrezca para su descarga desde el Sitio (el «Software») es propiedad intelectual de BMI o sus proveedores de contenido. Cualquier reproducción o redistribución del Software puede conllevar sanciones.
- TERMINATION In the event of non-compliance with these Terms and Conditions, BMI will have the discretion to (i) terminate the contract with the Agent without concluding the obligation to pay the amounts owed and/or (ii) prevent access to the portal and use of applications.
- SUBSCRIPTION CANCELLATION POLICY Members will receive the subscription service for the full or partial term. If automatic renewal is canceled, the subscription will be canceled, but the member will continue to receive notifications until they have no outstanding BMI balances. For more information or inquiries, please contact cobranzasec@bmicos.com or (593) 2400-0081.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY BMI no garantiza ni declara que el uso que haga de BMI PORTAL será ininterrumpido o libre de error, por lo que acepta expresamente que el uso es bajo su exclusiva responsabilidad. BMI PORTAL puesto a su disposición se brinda «como son» y «de acuerdo con su disponibilidad» para su uso, sin garantías de ninguna clase, ya sean expresas o implícitas.
- JURISDICTION For the interpretation and application of these Terms and Conditions, the provisions of Ecuadorian laws will apply and the jurisdiction of the competent courts in the City of Quito is hereby submitted, both Users of this Site, such as BMI.
- AGENT/BROKER OBLIGATIONS The agent/broker acknowledges that his/her obligations are:
- Comply with the obligations established in your Agency Contract and in the current regulations for the Exercise of the Activities of Insurance Producing Advisors.
- Act on behalf of and in the name of the client, being duly authorized to do so.
- Comply with the principles of professional ethics.
- Provide the client with truthful, sufficient, detailed and ongoing advice on the terms of the contract, scope of coverage, benefits, exclusions, fees, payment methods, requirements, deadlines and procedures for claiming payment of refunds.
- Warn the Client of his/her obligation to accurately and truthfully declare his/her health condition as well as all his/her pre-existing medical conditions, making him/her aware of the contractual and legal implications that failure to declare could entail. This includes information about the place of residence of the Holder and each Client.
- Advise the client on the validity of the formation and perfection of consent through the use of electronic means.
- Properly manage the payment method information with the client, be it credit card information, automatic debit, and generate for themselves (agent/broker) the authorization to use said information for the respective payment.
- Ensure that the client confirms that the funds come from lawful activities.
- Advise the client on the proper use of electronic means, as well as explain that electronic consent in accordance with current legislation generates obligations. Similarly, the authorization to use a means of payment electronically obliges the client to respect said authorization and therefore to execute the payment.
Personal Data is understood to be information that affects the privacy of individuals or whose misuse may lead to discrimination based on ethnicity, political orientation, religion, health data, sexual life, biometric data.
It is the responsibility of the User periodically review the aforementioned Web page to inform yourself about updates to these Terms and Conditions, since they will come into effect once they appear on the same.
Use of the Website and Applications requires compatible devices and Internet access, periodic updates may be required and may be affected by the performance of these factors. It is accepted that these requirements are the responsibility of the user. User.
(ii) The User You will be able to access the portal in an unlimited manner through mobile devices that have Android and iOS operating systems.
(iii) The User You are not authorized to copy in any form or degree the content of the Website.
iv) The User You may not use the Website for the following purposes:
The above enumeration is illustrative and is not intended to provide an exhaustive list of the types of unacceptable uses that may result in the restriction, suspension or termination of your permission to use the Website. Given the global nature of the Internet, the following are not considered acceptable uses: Users must agree to abide by local regulations regarding online conduct and acceptable content. UserThey also agree to comply with any applicable regulations relating to the export of data from any country.
All Content of the BMI PORTAL Website and Applications is protected by national and international intellectual property laws, consequently, as User You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display or in any way exploit any of the Content.
The Content may only be used in the manner provided herein. Violation of these Terms of Use may constitute an infringement of our intellectual property rights or those of our content suppliers, who reserve the right to take legal action to protect these rights. The Content may be viewed and printed and documents may be distributed provided they are used for information and for personal, non-commercial purposes only. You may not exchange, modify, sell or transmit anything on the Site.
BMI is committed to be in strict compliance with current regulations on Personal Data Protection. In addition, to what is expressly determined within the corresponding Comprehensive Privacy Notice, the User of the Website and Applications agree to: (a) provide true, accurate, current and complete information about themselves as prompted by the registration form User; (b) maintain and promptly update the registration data to keep it true, accurate, current and complete; (c) have the proper authorization from the client to act on his/her behalf and representation; (d) authorize BMI to validate the information, for this purpose obtain information from third parties including Personal Data that is regularly protected; (e) provide at all times true, complete, updated information about the client, due to this informing him/her of the legal and contractual implications that non-compliance could entail. If any false, inaccurate, not current or incomplete information is provided, or BMI has reasonable grounds to suspect that the information is false, inaccurate, not current or incomplete, BMI reserves the right to suspend or terminate your access to or use of the service.
Internet transmissions may be compromised, so it is understood that any information or message sent on the Website or through the Applications may be intercepted or read by third parties. BMI shall not be liable under any circumstances for unauthorized acts by third parties carried out with the intention of circumventing the Website's security protocols.
Passwords and usernames User will be exclusively for personal use and cannot be transferred, being the User responsible for maintaining the confidentiality of the password as well as all activities that occur under your password or account. As User You agree to notify BMI immediately of any unauthorized use of your password or account or any other breach of security. BMI cannot and will not be responsible for any loss or damage arising from your failure to comply with these Terms of Use.
In no event shall BMI, its directors, officers, employees, affiliates, agents, legal representatives, suppliers or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages or losses arising from your use of the BMI PORTAL or for any other claim in any way related to your use, including, but not limited to, any errors or omissions in any content, or any loss, injury or damage of any kind incurred as a result of the use of any content or application.
The information related to the use of BMI PORTAL is at your sole risk, and therefore, hereby the User waives any claim to BMI for any loss or liability related to the use of the Website.
