LEGAL INFORMATION & TERMS and CONDITIONS OF USE
Updated on : 01/01/2024
e-safecare.com is the website developed by SCPH LLC (owner of E-safecare.com brand) for its subsidiaries and Associations partner which distribute (and subscribe) offers dedicated to mobility. It presents the insurance products we distribute and the services we provide.
The publisher of the e-safecare.com site is the company SCPH LLC.
SCPH LLC is a company incorporated under American law (commercial name E-Safecare, www.e-safecare.com), the group’s lead holding company, and holds 100% of the capital and voting rights of the following insurance brokerage companies:
– in France: the company COAM Sarl (343 802 484 R.C.S. Mamoudzou, Orias 10056819)
– in the United States: ALPAGOS Insurance INC (License Number L082017).
COAM Sarl is a company subject to the control of the Prudential Control and Resolution Authority (4 Place de Budapest 75436 PARIS CEDEX 09).
Contact: Jean-Paul BARRE
This website is hosted by XXX
These Terms and Conditions of Use (T&Cs) provide a legal framework for the use of the services of our website d’e-safecare.comv(hereinafter referred to as “the Site”) by You.
“You” are Internet users. Depending on the case, You may be looking for a Product, or in the process of subscribing to or joining a Product, or already insured. Or simply curious.
By accessing and using our Site, You accept the terms of these Terms and Conditions without reservation.
Your agreement to their content results from the use of the Site without the need for You to affix Your handwritten or electronic signature on any document.
Our Terms and Conditions are available at any time on www.e-safecare.com. In case of modification, the version applicable to You is the one in force on www.e-safecare.comat the time of Your last consultation of the site.
To access our services, you will need computer equipment and an internet connection. You are responsible for these costs. You will have free access to most of the www.e-safecare.comwebsite.
You are under no obligation to purchase. But the subscription to one of the insurance products that we distribute will be charged, according to the conditions provided for each product and/or service.
Similarly, depending on the services we make available to you, some of them require us to obtain prior identifiers and passwords from our departments: these are the subscription and policyholder areas. We reserve access to these areas – depending on the services – to the distributors in our network, to our prospects and to our members and subscribers.
Finally, in order for our site to function correctly, we must sometimes interrupt it for maintenance reasons. In this case, access to the site may be interrupted or suspended without notice or justification. Please be assured that we will do our utmost to restore the situation as soon as possible.
We are liable for facts that are directly attributable to us and that cause You direct damage, to the exclusion of any indirect damage or damage to a third party.
However, we shall not be liable in the following cases:
- When You are asked to provide information: it is Your responsibility to ensure that all information provided is true, accurate and up-to-date. Any subscription/membership to our Products is subject to nullity or reduction of benefits in the event of a false declaration, omission or inaccuracy
- If You have misused the e-safecare.com services – whether intentionally or not,
- Due to the content available on e-safecare.com Please note that the information provided on e-safecare.com is for information purposes only and is not binding. However, we attach great importance to its quality. We may be held liable if our content is considered illegal and we have not made the content unavailable upon request,
- If changes in administrative and legal regulations occur after publication and are applicable to us,
- If our site is hacked and your equipment is infected by a virus. In no event shall we be liable for any direct or indirect damages of any kind arising out of access to and/or use of the Site, including but not limited to: loss of business; loss of programs; alteration, destruction or loss of data; any deterioration or viruses that may infect the computer equipment or any other property of the User of the Application; negligence of the User or misuse of information provided to the User under the Site and the Services
- Please note, however, that IT security is taken very seriously within our group and that our IT teams do everything possible to ensure that none of this damage occurs.
You accept all risks arising from the use of the Site. When You are on our Site, You agree not to:
- Engage in acts of defamation, insults, threats, harassment or acts that violate privacy or human dignity, glorify crimes against humanity, deny genocide, incite violence, racial hatred or pornography;
- Modify, disassemble or arrange all or part of the Site, including the software used on the Site, or remove or attempt to remove the copyright notices and names of persons mentioned on the Site;
- To hinder the proper functioning of the Site in any way whatsoever, particularly through the intrusion of any viruses or other computer infections circulating on the Internet network.
In case of misuse of our Site or if we consider that You are in one of the cases mentioned above: we will be entitled to suspend or terminate, at any time and without notice, your access to our Site. You may also be held civilly and/or criminally liable in accordance with applicable laws.
You are responsible for your use of e-safecare.com services and for the information you provide in the forms. We recommend that you check their accuracy and correct any errors.
Force majeure :
Our responsibility and yours cannot be engaged, no matter the prejudice, damage or loss, if they are the consequence of a case of force majeure as recognized by the article 1218 of the civil code.
a) Online subscription
Purpose of the service:
This service is intended for individuals of legal age or legal entities who wish to obtain a rate for the subscription of an insurance product.
We offer you a 100% digital experience. But we also give you the opportunity to be accompanied by calling the number provided to you or by being called back, after having entered your contact information.
How does the electronic signature service work?
Once you have selected the insurance product best suited to your needs and consulted the associated documentation (general conditions and product information document), you can be redirected to our service provider’s electronic signature platform.
You will be asked to read, accept and sign the pre-contractual documentation.
You will understand that it is essential to provide us with a valid email address and mobile phone number that you consult regularly. Indeed, we favour a total dematerialization: you will receive our information, calls for contributions, and other documentation by email, by SMS or in your customer area.
Unless it is incompatible with the contract concluded or with the service provided, you can always object to the use of the dematerialized medium at any time during the contractual relationship.
We recommend that you download your pre-contractual documentation, which you can find on our website:
- In the “insurance applications” page, you can consult, download and print the general conditions and the DIP for each product,
- in the electronic signature tool, you will again be able to consult, download and print all the necessary pre-contractual documentation,
- and finally, in the summary page of your subscription (post signature) in which you will find all the documentation that you have signed.
Please note that you can ask to be contacted at any time to be accompanied or to continue your subscription in paper format.
Responsibility
Your application is then analysed by the relevant departments.
We are under no obligation to accept Your application for membership or subscription. However, where possible, we will provide You with all the explanations for our refusal.
b) “My account”, your customer area For whom?
The Customer Area is open to all policyholders who have taken out a policy. To activate this service, You must, at Your first connection :
- Fill in Your Username (composed of 10 digits) and Your e-mail address.
- Complete a membership form and read the present general conditions. An encrypted confidential code will be sent to you: we advise you to personalize it and keep it.
When you use the service, you will only need to enter Your username and password.
Oops! It doesn’t work? contact us, we will be happy to help you:
For what?
This Service allows You to access Your personal data, to consult, monitor and manage the contract(s) that You hold. You will be able to carry out certain actions online and in particular access or modify certain personal data.
c) Your right to cancel and terms
In accordance with French distance selling rules, You may cancel the subscription to an Insurance Product by sending a registered letter with acknowledgement of receipt to e-safecare.com at the address shown on the general terms and conditions of the contract given to You at the time of subscription, within 14 days of receiving the subscription certificate.
The contract will cease on the date of receipt of the letter of cancellation and the contributions already paid will be reimbursed, with the exception of those corresponding to the period of cover already elapsed.
To do so, the User may use the following sample letter:
“I, the undersigned, M…………………………………. (surname, first name, address) hereby renounce my subscription to the contract “……………………….. (name of the contract) ” n°…………………………(policyholder number mentioned on the membership certificate or on the special conditions) that I had subscribed to remotely on ………………………………….
Done at ……… on …………. signature ………
If benefits have already been paid under the contract, the User may no longer exercise his or her right of renunciation.
Please note: Some contracts have a 30-day waiver period. It is therefore advisable to refer to the general conditions of the contract.
All data, information, files and any other digital element that You exchange with us or that we keep, in particular in our databases or on our servers, will constitute admissible, valid and opposable evidence with the evidential value of a private document. They will be deemed valid and enforceable in the same way, under the same conditions and with the same evidential value as any document that would be established, received or kept in writing.
If You should challenge the admissibility, validity, enforceability or evidential value of the aforementioned elements of an electronic nature or in an electronic format, on the basis of their electronic nature, You will have to provide proof of this.
We (and our subsidiaries) own the content of d’e-safecare.com, the brands and logos, the graphic illustrations, the texts, … These elements are protected by French and international laws relating to intellectual property, by the Intellectual Property Code and by copyright.
You may not reproduce, in part or in whole, for any reason whatsoever, the content of our pages. You could be prosecuted for counterfeiting.
The Site may contain hypertext links. By clicking on them, You will leave the platform. The latter has no control and cannot be held responsible for the content of the web pages relating to these links.
These TOS are valid for an indefinite period. They take effect as soon as You start using our services.
They are written in French, possibly translated into different languages. They are subject to French law.
For all questions of application, interpretation of these TOS, or any case not provided for herein, or any dispute or claim relating to these TOS, we will attempt to reach an amicable agreement between us.
Otherwise, we will have to resort to the competent French courts to settle the dispute.