“askMID” TERMS OF USE
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply the services set out below to you. Please read these terms and conditions carefully before ordering any services from our website.
You should print a copy of these terms and conditions for future reference.
By registering for an account you are confirming that you have read, understood and accepted them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any services from our website.
By submitting any Enquiry (as defined below) relating to the “askMID facility, you agree to be bound by the following Terms and Conditions.
Only a User (as defined below) is permitted to use “askMID” and/or process the Information (as defined below). Please ensure you read these Terms and Conditions carefully and use “askMID”(as defined below) ONLY for the purposes permitted by and in accordance with the provisions hereunder.
In particular, MIB wishes to draw your attention to the following clauses: Clause 1 (User Account); Clause 2 (Fees and Charges); Clause 4 (The obligations of the User); Clause 5 (Indemnity from User in favour of MIB); Clause 6 (MIB's right of audit); and Clause 7 (MIB's Exclusion of liability).
Without limitation to the provisions of these Terms and Conditions below unless otherwise agreed in writing between the User and MIB, the “askMID” facility:
- shall NOT be used in any way by the User or any User Third Party (as defined below) for the purposes and or provision of commercial services (including but not limited to in relation to deciding whether to issue any after the event insurance policy (an ATE policy) in relation to deciding whether to provide or offer to provide any goods or services to any firm, company, undertaking or Individual).
- shall NOT be used by the User or any User Third Party to process the VRM of the Claimant.
www.askmid.com and “askMID” are operated by the Motor Insurers' Bureau (MIB) (registered in England and Wales under company number 00412787) and Motor Insurers' Information Centre (MIIC) (registered in England and Wales under company number 03682840) the registered office of both being Linford Wood House, 6-12 Capital Drive, Linford Wood, Milton Keynes, MK14 6XT. Our VAT number is GB 871 6671 95 MIB reserves the right in its absolute discretion, without reason and without liability to suspend your organisation's “askMID” account with immediate effect without notice.
“askMID” is the means by which a User may have on-line access to some of the information held on the Motor Insurance Database (MID).
MIB is willing to grant any User access to the MID by way of “askMID” for the Permitted Purpose (as defined below) in order to try to assist Claimants (as defined below) and reducing the cost associated with Claims (as defined below) by facilitating the quicker identification of Claims that ought to be for the attention of MIB or the quicker identification of the insurer of the relevant motor vehicle providing cover in respect of a Relevant Liability.
From time to time, MIB may, at its absolute discretion, decide to grant a User access to the MID by way of “askMID” for the Additional Permitted Purpose (as defined below). Use of “askMID” for any Additional Permitted Purpose shall be permissible only after suitable consultation with MIB and if the party intending to use “askMID” for such purpose has already entered into an Additional Permitted Purpose Enquiry Agreement with MIB with regard to such use.
MIB shall be entitled to process the User Information (as defined below) in order to satisfy itself that a User is not breaching any of these Terms and Conditions and or contact any relevant insurer (including without limitation the insurer of the Individual) for any reason whatsoever and or to initiate contact with any User whose Enquiry received a response of “"N (no record found)”, in order to discuss the possible handling of any claim by the MIB and, where appropriate, to offer the MIB Legal Expenses Scheme, which is available free of charge to all claimants who are involved in an accident with an apparently uninsured Third Party Vehicle. General details of the legal expenses scheme are available from MIB (tel: 01908-830001 or email enquiries@mib.org.uk). Any enquiries regarding the scope of the cover should be directed www.firstassist.co.uk/mibles.
Definitions
In these Terms and Conditions the following capitalised terms shall have the meaning ascribed to them as follows:
Additional Permitted Purpose means the purpose for using “askMID” and/or making an Enquiry and/or processing any of the Information for such purpose as agreed between MIB and the relevant party or parties in an Additional Permitted Purpose Enquiry Agreement;
Additional Permitted Purpose Enquiry means an Enquiry being made for the Additional Permitted Purpose and includes an Enquiry made for the Additional Permitted Purpose that is also being made for the Permitted Purpose;
Additional Permitted Purpose Enquiry Agreement means the written agreement entered into by MIB and the User (in a form stipulated by MIB from time to time) setting out the terms and conditions for the making of any Enquiry and/or the processing of any Information by such User for the Additional Permitted Purpose, which agreement shall operate in addition to these Terms and Conditions;
Annual Account User means a User who has established a User “askMID” account in accordance with these Terms and Conditions and has paid to MIB the Annual Account Fee (as defined below);
Business Day means a day (other than Saturday or Sunday) on which banks are open for general business in London;
Claim means a claim by an Individual or the employer of the Individual against a third party in respect of a Relevant Liability;
Claimant means an Individual or the employer of the Individual who is considering the commencement of or has commenced Relevant Proceedings;
Commencement Date means the date upon which the User’s account was established in accordance with clause 1;
Declaration means the relevant declaration to be made by each User for each enquiry on the “askMID” Enquiry Portal;
Enquiry means, for the Permitted Purpose or an Additional Permitted Purpose: the electronic submission of a Third Party VRM to “askMID” in the manner and format prescribed by the relevant section of the “askMID” Enquiry Portal; and/or any submission of a Third Party VRM to MIB by such other means and in the manner prescribed by MIB from time to time;
Fee means:
(1) for Annual Account Users, the annual fee to be paid by the User to MIB for the provision of access to “askMID” (“the Annual Account Fee”); or
(2) for Per Enquiry Users, the fee per Enquiry to be paid by the User to MIB for the provision of “askMID” currently set to £3. 50 (the ”Enquiry Fee”);
Incident means the incident that is the subject matter of a Claim;
Individual means an “injured party” as defined in The Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003;
Information means the information (or any part of it) provided to the User (or to any authorised representative of the User) by MIB (or on its behalf) by way of “askMID” or otherwise in response to or in relation to an Enquiry (limited to policy number, identity, and telephone number of the relevant insurer of the Third Party's vehicle);
MIB Members means any and all members of the MIB from time to time;
“askMID” Enquiry Portal means the uniform resource locator (url): www.askmid.com or such other url as prescribed by MIB from time to time;
“Per Enquiry User” means a User who is not an Annual Account User;
Permitted Purpose means, only in respect of a Claim and/or only in so far as it is permitted pursuant to The Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 and or reasonably required to give legal advice in relation to a Claim, the purpose of the User:
(1) assessing whether a Claim ought reasonably to be submitted to the MIB on the basis that it relates to an Incident to which a relevant Uninsured Drivers' Agreement or a relevant Untraced Drivers' Agreement relates; or
(2) identifying the insurer of the motor vehicle relevant to the Claim who provided cover in respect of the Relevant Liability relating to the Claim;
Relevant Liability means a liability that is covered by the contract of insurance of a third party (not being the Claimant) that (at least) satisfies the compulsory insurance requirements pursuant to Part VI of the Road Traffic Act 1988;
Relevant Proceedings means proceedings in respect of a Relevant Liability only (and not in respect of any other liability or any other contract of insurance);
Third Party Vehicle means the motor vehicle driven by the third party causing the Incident;
Third Party VRM means the VRM of the Third Party Vehicle;
Uninsured Drivers' Agreement means the agreement between the UK Government (by way of its agency appointed to deal with matters of transport) and MIB by which MIB is responsible for settling compensation claims as defined therein;
Untraced Drivers' Agreement means the agreement between the UK Government (by way of its agency appointed to deal with matters of transport) and MIB by which MIB is responsible for settling compensation claims as defined therein;
User means any firm, company, undertaking and or Individual being either an Annual Account User or a Per Enquiry User (as appropriate) using the “askMID” Enquiry Portal or any other means to make any Enquiry;
User Information means information relating to any User's use of “askMID”, including but not limited to any information provided by the User for or relating to any Enquiry (including but not limited to credit or debit card details, bank details and the User’s personal details) and or the results of any Enquiry or any information relating to or derived from the results of any Enquiry made by a User or any information relating to any User Third Party;
User Third Party means any third party to whom the User has disclosed the Information and/or any third party who makes any Enquiry or processes any Information by way of the User's access to “askMID” or any third party instructed by the User to make any Enquiry and/or process the Information on the User's behalf; and
VRM means a vehicle registration number in the format consistent with those of motor vehicles registered in England, Scotland, Wales or Northern Ireland.
1. User Account
1.1 Access to “askMID” will be granted to a User only upon MIB establishing the relevant User “askMID” account in accordance with the provisions of clauses 1.2 and 1.3 below and completing to MIB's satisfaction such vetting of the User as MIB, at its absolute discretion, requires (including but not limited to the User answering the questionnaire stipulated by MIB from time to time and making the relevant Declaration). In any event, save to the extent not permitted by law or as otherwise agreed in the User's Additional Permitted Purpose Enquiry Agreement (if appropriate), MIB shall have the absolute right to limit or withdraw, without liability, any User's access to “askMID” at any time without reason and retrieve information from any equipment used to make an Enquiry as MIB deems necessary to comply with any relevant laws and or regulations, recommendations or orders; to protect its security and or enforce the provisions of these Terms and Conditions. Any relevant User will be notified by MIB before or at the time it withdraws the User's access to “askMID”.
1.2 To access “askMID” a User must register with MIB and open an account with MIB following the instructions and completing the relevant application form on www.askmid.com/register.aspx (the “Registration”).
1.3 After Registration the User will be presented a with a screen from MIB acknowledging that it has received the User’s request to open an account. Such communication does not confirm that the User’s Registration has been accepted. Registration constitutes an offer from the User to MIB to open an account. All Registrations are subject to acceptance by MIB and MIB will confirm such acceptance (if appropriate) by sending to the User an e-mail (upon successful completion of the vetting procedures referred to in clause 1.1 and clearance of the Fee paid by the User to MIB) that confirms that its offer has been accepted by MIB and setting out account information (including any logon or password details) (the “Services Confirmation”). The contract between the User and MIB will only be formed when MIB sends to the User the Services Confirmation (the “Contract”).
1.4 The Contract will relate only to those services which MIB has confirmed in the Services Confirmation.
1.5 No withdrawal right or “cooling off” period shall apply to the services provided by MIB under these Terms and Conditions, unless (in relation to Per Enquiry Users only) the applicable law requires a “cooling off” period notwithstanding that the User’s access to “askMID”, subject to the provisions of these Terms and Conditions, began immediately after the Contract.
2. Fees and charges
2.1 In consideration for the provision of access to “askMID”:
2.1.1 the Annual Account User shall pay the Annual Account Fee to MIB annually in advance; and
2.1.2 the Per Enquiry User shall pay the Per Enquiry Fee to MIB prior to making each Enquiry in accordance with the payment structure and methods via the Streamline Service
2.2 Without prejudice to any other right or remedy MIB may have, if the User fails to pay MIB in cleared funds on the due date, MIB may suspend the User’s access to the “askMID” until payment has been made in full.
2.3 Time for payment shall be of the essence of this agreement.
2.4 All sums payable to MIB by the User under these Terms and Conditions shall become due immediately on its termination, despite any other provision.
2.5 MIB may, without prejudice to any other rights it may have, set off any liability of the User to MIB against any liability of MIB to the User.
2.6 MIB is not an internet service provider. The User is responsible for the payment of the fees charged by its internet service provider in addition to any fees paid by the User to MIB.
3. “askMID” availability and the provision of Information
3.1 Without creating any obligation so to do, upon MIB being satisfied that the Information may be legally disclosed to the User (by way of the completion by the User of a questionnaire in relation to each Enquiry or as otherwise stipulated by MIB from time to time) MIB shall endeavour to make access to “askMID” reasonably available to Users. However, MIB does not warrant the availability of access to the “askMID” and, without prejudice to any other right or remedy MIB may have, it reserves the right to withdraw the “askMID” facility without notice in order to undertake maintenance of the website (including but not limited to emergency maintenance) and or in the event of network failure. MIB cannot control the timing or length of such downtimes and as a result MIB does not guarantee access to “askMID” at any particular time.
3.2 Whilst MIB shall take reasonable security precautions for “askMID”, the User acknowledges that the internet is not a 100% secure communications medium and the User uses the “askMID” Enquiry Portal in the knowledge that this is the case and as such MIB shall not be liable for any lack of security resulting from the User’s use of “askMID”.
3.3 MIB shall use reasonable endeavours (which shall not include incurring costs or acting against its own commercial interests) to provide the Information from the Commencement Date for the term of this agreement, in accordance with these Terms and Conditions using all reasonable skill and care.
3.4 MIB reserves the right to alter or modify the provision to the User of access to “askMID” and or the Information in order to comply with any regulatory requirements or reflect changes in support requirements or to improve, amend or extend MIB’s existing services.
4. The obligations of the User
4.1 Upon making each Enquiry, the User covenants, undertakes and represents that:
4.1.1 it has the capacity to enter into binding contracts;
4.1.2 being an individual, it is a least 18 years old and has obtained the age of majority in the state or country in which it lives;
4.1.3 it has full legal authority to receive the Information and that the answers provided by the User to MIB in relation to any questions asked by MIB were, and the relevant Declaration it has made was, full, true and accurate in all respects;
4.1.4 any act or failure to act by a User Third Party in relation to the User Third Party's use of “askMID” or processing of the Information shall be deemed to be an act or failure to act by the User and the User shall be under these Terms and Conditions accordingly;
4.1.5 save to the extent otherwise agreed in any relevant Additional Permitted Purpose Enquiry Agreement, it is a private legal practice or a solicitor registered with the relevant Law Society for solicitors in England, Wales, Scotland or Northern Ireland;
4.1.6 any information provided by it to MIB (or any representative of MIB) in relation to making any Enquiry or receiving the Information or in relation to the decision by MIB to grant the User access to or to maintain its access to “askMID” is true, accurate and not misleading and the User hereby undertakes to notify MIB in writing promptly (and in any event within 14 days) of any information of which it is aware that would render the information previously supplied by the User untrue, inaccurate or misleading;
4.1.7 without prejudice to the generality of clause 4.1.6 above, it shall, if reasonably practicable, for each Enquiry provide MIB with a valid and proper case reference number;
4.1.8 it shall make each Enquiry for the Permitted Purpose only, save where the Enquiry is an Additional Permitted Purpose Enquiry, in which case the User shall make an Additional Permitted Purpose Enquiry only:
(a) if it is already bound by and has not breached or been notified of any breach by it of any of the terms and conditions of the Additional Permitted Purpose Enquiry Agreement relevant to such Enquiry; and
(b) to the extent permitted under such Additional Permitted Purpose Enquiry Agreement;
4.1.9 where an Enquiry is made for the Permitted Purpose, it shall make such Enquiry only in respect of the (one) date of the Incident to which the Claim relates;
4.1.10 where an Enquiry is being made by a User Third Party, it shall procure that such Enquiry is made by the User Third Party only in respect of the (one) date of the Incident to which the Claim relates;
4.1.11 it shall not and, where the Enquiry is being made by a User Third Party, shall procure that such User Third Party shall not make more than one Enquiry in relation to each VRM and or make any series of Enquiries in an attempt or as part of an attempt to determine or identify the VRM of the motor vehicle of a particular third party against whom a Claim or any other claim might be made (such behaviour would include, for example and without prejudice to the generality of the foregoing, the User or User Third Party making, in relation to an Incident, two or more Enquiries of two or more VRMs that are similar to each other or are variations of a particular VRM in an attempt to identify a Third Party VRM that is registered on the MID);
4.1.12 it shall process and shall procure that a User Third Party shall process the Information for the Permitted Purpose only, save where the Information is to be processed for the Additional Permitted Purpose, in which case the User shall process the Information and shall procure that a User Third Party shall process the Information only for the Additional Permitted Purpose;
4.1.13 the Information shall be stored only for as long as reasonably required for the Permitted Purpose or for the Claim to which the Information relates or for the Additional Permitted Purpose (as the case may be);
4.1.14 it shall not process and shall procure that any User Third Party shall not process the Information for any marketing, research, analysis or profiling activity and it shall not and shall procure that any User Third Party shall not re-sell the Information or otherwise seek to receive consideration for the Information (as such) although the User shall be entitled to be reimbursed by the Claimant for any amounts it has paid to MIB for the Information corresponding to the Claimant's claim;
4.1.15 it has established and/or procured that there is established and shall procure that any User Third Party establishes, prior to any relevant Enquiry being made, appropriate software, hardware, physical, technical and organisational measures to prevent accidental or unauthorised access to “askMID” or disclosure of the Information, and that such shall remain in place and shall be operated properly to ensure that the User's and/or the User Third Party's access to “askMID” and/or use of the Information does not breach these Terms and Conditions and is restricted to such employees of the User and/or the User Third Party as are required for the Permitted Purpose or the Additional Permitted Purpose (as the case may be);
4.1.16 it shall procure that each of its employees (if any) that is authorised to have access to “askMID” or process the Information on behalf of the User shall keep confidential his/her user name and password from all other employees of the User and from other third parties and shall not allow anyone else use of his/her user name and password;
4.1.17 all email addresses submitted by the User to “askMID” for the purpose of making any Enquiry and/or receiving the Information shall: (unless the User is an individual) use the same domain name that the User uses for its business relating to the Permitted Purpose (i.e. business related email addresses not personal/non-business email addresses); and shall not be in generic or non–specific form (for example, not in the form of "info@xxx.co.uk" or "contact@xxx.com"); and shall correspond to an Individual who shall be readily and uniquely identifiable from such email address and who is an employee of the User who is authorised to use “askMID” on the User's behalf (for example "john.brown@xxx.com" or "jbrown@xxx.co.uk" or jsbrown@xxx.com" where extra characters are required to distinguish between two employees of the User with the same first and last name); and shall not use any hosting address or be hosted by any third party that MIB (in its absolute discretion) considers inappropriate;
4.1.18 it shall procure that all enquiries from MIB to the User relating to its access to “askMID” or the processing of the Information (including in relation to any relevant processing by any User Third Party) are dealt with promptly and properly and that all reasonable co-operation and copy documentation shall be provided to MIB in the course of all its enquiries in such regard;
4.1.19 that its means of access to “askMID” (including, for example, its access codes) and the Information is kept confidential and is used only for the Permitted Purpose or the Additional Permitted Purpose (as the case may be);
4.1.20 it shall process and procure that any User Third Party shall process the Information only as is wholly and necessarily required for the Permitted Purpose or the Additional Permitted Purpose;
4.1.21 it shall not and shall procure that no User Third Party shall create or facilitate (directly or indirectly) the creation of any database containing any of the Information, save as is wholly and necessarily required to investigate a Claim or to process the Information for an Additional Permitted Purpose;
4.1.22 it shall retain and shall procure that any User Third Party retains the Information in confidence at all times save to the extent:
(a) required for the Purpose or the Additional Permitted Purpose; or
(b) that any disclosure is made in accordance with The Motor Vehicles Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 and or Data Protection Act 1998; or
(c) that it is required to disclose the Information pursuant to any statutory or regulatory authority;
4.1.23 it has granted access to “askMID” only to employees of the User (if any) and only to the extent required by such employees for the Permitted Purpose or the Additional Permitted Purpose;
4.1.24 will notify MIB promptly (and in any event within 7 days) of:
(a) any disclosure that is in breach of these Terms and Conditions of any of the Information made by any of its employees, officers, contractors, agents or consultants together with a description all the relevant circumstances regarding such disclosure;
(b) any circumstances it is aware of or reasonably suspects relating to any processing of the Information other than for the Permitted Purpose or Additional Permitted Purpose (this would include, for example, notifying MIB of an instance where an employee of the User has been disciplined or sacked for reasons relating to use of “askMID” or the Information that is in breach of these Terms and Conditions);
(c) any changes to the details of those employees of the User who are authorised by the User to use “askMID” or process the Information on behalf of the User and/or the email addresses of such employees;
4.1.25 it shall process and procure that any User Third Party shall process the Information in accordance with the requirements and relevant provisions of the data protection laws and all other relevant laws applicable in the United Kingdom;
4.1.26 it does not have any rights of ownership or interest in (including any intellectual property rights in) any of the Information and that if any such rights do arise in favour of the User or any User Third Party, it shall promptly on written instruction of MIB assign or procure the assignment irrevocably and for no consideration of all such rights by the User Third Party to MIB (or such party or parties nominated by MIB);
4.1.27 it shall not process and shall procure that any User Third Party shall not process for any purpose and delete irretrievably and promptly: any Information received in respect of a VRM or date of Incident that was submitted to “askMID” erroneously; or any Information received that does not relate to the subject matter of the Enquiry; or (where the Enquiry was made for the Permitted Purpose) any Information received that does not relate to the Claim that corresponds to the Enquiry and shall, in any such instance, notify MIB promptly by email that such error has occurred;
4.1.28 it shall and shall procure that any User Third Party shall delete irretrievably copies of any part of the Information in its possession, custody, power or control that are not necessarily required for the Permitted Purpose or the Additional Permitted Purpose, and in any event shall delete irretrievably all copies of such Information within 6 months of such Information ceasing to be necessarily required for the Permitted Purpose or the Additional Permitted Purpose;
4.1.29 it shall notify MIB where the User reasonably believes that the MID appears to contain an error.
5. Indemnity from User in favour of MIB
5.1 To the fullest extent permitted by law and without prejudice to any other rights available to MIB, the User hereby agrees to indemnify MIB fully and without limit for:
5.1.1 any losses, costs, expenses or damages (including amounts paid in settlement, out of pocket expenses, interest, penalties, sanctions and all legal and other professional costs and expenses) incurred by or suffered by MIB or MIIC in relation to or as a result of any breach of any of these Terms and Conditions by the User or by any User Third Party; and/or
5.1.2 any costs, expenses (including out of pocket expenses, interest, and all legal, audit and other professional costs and expenses) incurred in relation to any audit MIB conducts pursuant to clause 6 below where such audit reveals a breach of these Terms and Conditions by the User; and/or
5.1.3 the time spent by any MIB employees in dealing with any investigations into the User's use of “askMID” or the Information, which time shall be charged at a rate of £100 per hour (excluding any applicable VAT).
6. MIB's right of audit
For the purpose only of MIB satisfying itself that a User and/or a User Third Party is not and/or has not been in breach of these Terms and Conditions, upon reasonable notice given by MIB, a User shall procure that MIB is provided with all information, co-operation, assistance and access to its premises and records and/or those of any relevant User Third Party for such purpose and shall give all reasonable assistance to MIB and/or its third party representative(s) in relation to such audit. This obligation shall survive termination of these Terms and Conditions or the User otherwise ceasing to process the Information or have access to “askMID”.
7. MIB's exclusion of liability
7.1 Whilst MIB endeavours to ensure the accuracy of the Information provided to the User hereunder, such Information is provided ‘as is’ and is processed by the User and/or any User Third Party entirely at the User's own risk and responsibility. MIB excludes, to the fullest extent permitted by law, on behalf of itself and any and all of its contractors, employees and agents, any and all warranties, express or implied, relating to: the Information or the service it provides to User and/or any User Third Party in relation to these Terms and Conditions; the results obtained from the processing of such Information or service; and any computer media, used in connection with the access to “askMID”.
7.2 The User acknowledges that the Information is provided to MIB by third parties and that MIB makes no warranty, whether express or implied, as to the accuracy, completeness or fitness for the Permitted Purpose or the Additional Permitted Purpose of the Information or that the Information is up-to-date. To the fullest extent permitted by law, MIB, including any of its contractors, employees and agents, shall not be liable for any direct, indirect, incidental, special or consequential damages of any nature whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of programs or information) relating to: any Information; or the results obtained by any User's processing of such Information; or the User's use or inability to use any programs, network, CD-ROMs or other media through which the Information is made available; or any claim attributable to any error, omission, or inaccuracy contained in the Information or by any delay or interruption to the “askMID” facility.
7.3 MIB’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall be limited to the sum of £50,000.
7.4 In the event that the User is a consumer, the User’s statutory rights are not affected by the provisions of this Clause 7 of any other provision of these Terms and Conditions.
8. Privacy policy
8.1 MIB shall be entitled to receive and keep details of each User and shall be entitled to receive (from the User or from the operators of “askMID”) copies of any new passwords and email addresses of the Individuals having access to “askMID” and/or the Information through the User.
8.2 MIB shall be entitled to process the User Information in order to satisfy itself that a User is not breaching any of these Terms and Conditions and or contact any relevant insurer (including without limitation the insurer of the Individual) for any reason whatsoever and or to initiate contact with any User whose Enquiry received a response of “N (no record found)”, in order to discuss the possible handling of any claim by the MIB and, where appropriate, to offer the MIB Legal Expenses Scheme, which is available free of charge to all claimants who are involved in an accident with an apparently uninsured Third Party Vehicle. General details of the legal expenses scheme are available from MIB (tel: 01908-830001 or email enquiries@mib.org.uk). Any enquiries regarding the scope of the cover should be directed to www.firstassist.co.uk/mibles.
8.3 MIB, insurers and their agents share information to assist in the processing of claims. The User Information may be disclosed to and processed by government agencies, the Police, the ABI, motor insurers and anti-fraud organisations and/or their agents or contractors of such parties for purpose of crime detection and prevention and/or for research and/or statistical purposes.
8.4 Without prejudice to the scope of the foregoing, User Information may be disclosed to and processed by MIB's Specialist Claims Unit for the exclusive purpose of crime prevention and/or detection.
9. Term and Termination
9.1 This agreement shall commence on the Commencement Date and continue subject to earlier termination, until terminated in accordance with these Terms and Conditions.
9.2 Either party may terminate this agreement at any time by giving to the other one month’s written notice. On termination of this agreement pursuant to this Clause 9.2, the User shall not be entitled to a refund of any monies paid in advance to MIB in accordance with these Terms and Conditions.
9.3 Either party may terminate this agreement at any time by giving written notice to the other party if the other party:
9.3.1 commits a material breach of any of these Terms and Conditions and, where such a breach is capable of remedy, fails to remedy the same within 14 days after receipt of a written notice from the other requiring it to be remedied;
9.3.2 is unable to pay its debts when they fall due.
9.4 Without prejudice to the foregoing, on termination of this agreement for any reason:
9.4.1 the User shall immediately pay to MIB all of MIB’s outstanding unpaid invoices and, in respect of Information supplied but for which no invoice has been submitted or payment has been made, MIB may submit an invoice, which shall be payable immediately on receipt;
9.4.2 the accrued rights of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.
10. Force Majeure
MIB have no liability to the User under this agreement if it is prevented from or delayed in performing its obligations under this agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of MIB or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
11. Changes to Terms and Conditions
MIB reserves the right to amend these Terms and Conditions from time to time by publishing any amended terms and conditions which shall take effect from the time they are published. By using the “askMID” Enquiry Portal, the User acknowledges and agrees that MIB may amend, alter or delete any of the terms and conditions by publication of such changes at the “askMID” Enquiry Portal and agrees to be bound by any such changes from the date of publication.
12. How to contact MIB
You may contact MIB about the “askMID” facility at the following address:
Motor Insurers’ Bureau, Linford Wood House, 6-12 Capital Drive, Linford Wood, Milton Keynes, MK14 6XT: tel: 08702-416732, fax: 01908 481795, DX: 142621 Milton Keynes 10, email : askmidsupport@mib.org.uk
13. General
13.1 These Terms and Conditions represent the entire agreement between MIB and each User for use of the “askMID” Enquiry Portal and processing of the Information and (save with regard to any Additional Permitted Purpose Enquiry Agreement where they shall operate together with such agreement) supersede all prior agreements, arrangements and letters of intent with regard to the same subject matter between MIB and the User both written and oral.
13.2 Regulations 9(1), 9(2) and 11(1) of The Electronic Commerce (EC Directive) Regulations 2002 SI 2013 shall be excluded from these Terms and Conditions.
13.3 These Terms and Conditions shall be governed and construed according to the laws of England and any User and MIB submits to the exclusive jurisdiction of the English Courts in the event of dispute.
13.4 The failure to exercise or delay in exercising a right or remedy provided by these Terms and Conditions or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies.
13.5 Each User shall use all reasonable endeavours to do or procure to be done all such further acts and things and execute or procure the execution of all such other documents as may be from time to time required for the purpose of giving full effect to the provisions of these Terms and Conditions.
13.6 If any provision of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions that shall remain in full force and effect.
13.7 No provision of these Terms and Conditions shall be enforceable by any third party, save for the MIB Members, pursuant to the Contracts (Rights of Third Parties) Act 1999.
13.8 The User shall not, without the prior written consent of MIB assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.
13.9 MIB may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.
13.10 Nothing in this agreement is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
13.11 Notices
13.11.1 Any notice required to be given under these Terms and Conditions shall be in writing and shall be delivered personally, or sent by pre-paid first-class post, recorded delivery or by commercial courier to the other party and for the attention of the person specified below:
(a) MIB:
(i) address: Motor Insurers’ Bureau, Linford Wood House, 6-12 Capital Drive, Linford Wood, Milton Keynes MK14 6XT;
(ii) for the attention of: Kaushik Patel
(b) the User:
(i) address: as specified in the Registration;
(ii) for the attention of: as specified in the Registration.
or as otherwise specified by the relevant party by notice in writing to the other party.
13.11.2 Any notice shall be deemed to have been duly received if delivered personally, when left at the address and for the contact referred to in clause 13.11.1 or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed.
13.11.3 This clause 13.11 shall not apply to the service of any documents in any proceedings or other legal action.
13.11.4 A notice required to be given under or in connection with this agreement shall not be validly served if sent by e-mail.