Terms and conditions
By registering for Broker Vitality, your firm agrees that PruHealth and
PruProtect make Broker Vitality available on the terms and conditions set out
below.
- In order to start earning Broker Vitality points, your firm must first
register for Broker Vitality with PruHealth or PruProtect.
- Broker Vitality commences on 1 January of each year and runs until 31
December (the 'Broker Vitality Year'). Your firm will be entitled to earn
Broker Vitality points only for the period during the Broker Vitality Year
following its registration for Broker Vitality. PruHealth or PruProtect reserve
the right, in its absolute discretion, to award Broker Vitality points to firms
that register for Broker Vitality during the Broker Vitality Year in respect of
activities conducted by such firms during the period between 1 January and the
date of registration (such awards shall be purely discretionary and shall not
be taken to set a precedent).
- In order to earn Broker Vitality points, your firm will need to conduct the
activities described in the 'How to Earn Broker Vitality Points' section of Your Guide to Broker
Vitality,
- The award of Broker Vitality points will be subject to the conditions and
limits explained in the 'How to Earn Broker Vitality Points' section of Your Guide to Broker
Vitality
- In order to claim the rewards described in the 'Broker Vitality rewards'
section of Your Guide to Broker
Vitality, your firm and, where appropriate, Registered Individuals, must
comply with the procedures and conditions explained in the 'How rewards are
granted' section.
- Rewards under the Broker Vitality scheme are subject to availability.
- By agreeing to participate in Broker Vitality, your firm accepts that it is
responsible for ensuring that it has appropriate internal controls and
arrangements in place to ensure that it complies with all applicable laws and
regulations including, but not limited to, Chapter 2.3 of the Financial
Services Authority's (FSA's) Insurance New Conduct of Business Sourcebook
(Inducements). Your firm acknowledges the importance of avoiding and managing
conflicts of interest.
- Neither your firm nor PruHealth or PruProtect intends that any provision of
these arrangements should be enforceable, by virtue of the Contracts (Rights of
Third Parties) Act 1999. In particular, no Registered Individual engaged by
your firm shall be considered a party to this arrangement.
- PruHealth and PruProtect's liability under these terms and conditions shall
be limited solely to the provision of the rewards set out in the 'Broker
Vitality rewards' section of Your Guide to Broker
Vitality, in accordance with the conditions and limitations for such
rewards set out in the 'How rewards are granted' section. Under no
circumstances shall PruHealth or PruProtect be liable to your firm or to any
Registered Individual, employee, agent or representative of your firm or to any
other person who receives the benefit of any reward ('Beneficiary'), for any
loss, damage or injury of any kind sustained by your firm or such Beneficiary
as a consequence of, or in connection with, your firm or such Beneficiary
taking advantage of any reward provided under Broker Vitality. PruHealth and
PruProtect accept no liability for the acts or omissions of any third-party
provider of rewards under Broker Vitality. Where a specific reward involves a
service to be provided by a third party, the responsibility for entering into
an agreement with that third party for the provision of that service is that of
your firm alone. Such agreements shall be between your firm and the respective
third-party provider and neither PruHealth nor PruProtect shall be regarded as
a party to such agreements. PruHealth and PruProtect's only liability will be
to refund you for the purchase of the relevant reward or, in the case of
Champneys Health Resorts and the Health Screens, to secure the availability of
a subsidised reward, subject to the conditions and any limits imposed by
PruHealth or PruProtect on the availability of such reward.
- These terms and conditions and the terms contained in Your Guide to Broker
Vitality constitute the entire agreement between your firm, PruHealth and
PruProtect in relation to Broker Vitality. These terms and conditions are
without prejudice to the respective rights and obligations of your firm,
PruHealth and PruProtect under the standard terms of business between your
firm, PruHealth and PruProtect under which your firm shall earn commission in
relation to business introduced to PruHealth or PruProtect (the 'Broker
Terms'). The Broker Vitality Benefits shall be provided to your firm in
addition to any remuneration to which your firm is entitled pursuant to the
Broker Terms.
- PruHealth and PruProtect shall be entitled, in their sole discretion, to
change any aspect of Broker Vitality, including the terms upon which any reward
may be provided under Broker Vitality, subject to the provision of reasonable
notice to your firm. For the avoidance of doubt, PruHealth and PruProtect may
amend the terms of Broker Vitality for each Broker Vitality Year.
- PruHealth and PruProtect shall be entitled to withdraw any reward or to
suspend or cancel Broker Vitality in its entirety in respect of firms generally
either:
(a) At the end of any Broker Vitality Year by notifying firms in advance of the
end of that year that Broker Vitality will not be renewed the following year;
or
(b) During a Broker Vitality Year, upon written notice to the registered
firms.
- PruHealth and PruProtect shall be entitled to withdraw any reward or to
suspend or cancel Broker Vitality in respect of your firm in the event
that:
(a) Your firm goes into liquidation, enters into a composition with creditors,
has an administrative order made against it, threatens or ceases to pay its
debts, or has an administrative receiver or similar official appointed over it
or its assets;
(b) Your firm, or any Registered Individual of your firm, fails to comply with
any of the conditions set out in Your Guide to Broker
Vitality;
(c) Either PruHealth, PruProtect or your firm has any licence or regulatory
permission or registration withdrawn, suspended or cancelled;
(d) The continuation of Broker Vitality or the provision of rewards to your
firm or any Beneficiary would prevent PruHealth or PruProtect from complying
with any law, regulation or requirement imposed upon it by a regulatory
authority of competent jurisdiction;
(e) The Broker Terms between PruHealth or PruProtect and your firm are
terminated or expire;
(f) PruHealth or PruProtect have reasonable grounds to suspect that a claim for
rewards by your firm or any Beneficiary is related to fraudulent activity;
or
(g) The continuation of Broker Vitality or the provision of rewards to your
firm or any Beneficiary would, in PruHealth or PruProtect's absolute opinion,
be likely to result in harm to PruHealth or PruProtect's brand, trademarks or
Intellectual Property ('IP') or the IP of PruHealth and PruProtect's parent
companies or the members of their groups of companies.
- In the circumstances described in clauses 12 or 13 above, PruHealth or
PruProtect shall cease to be liable to your firm for the continued provision of
rewards under Broker Vitality and these terms and conditions shall be deemed to
have terminated.
- Subject to compliance with the conditions described in each reward,
PruHealth or PruProtect will make payment where applicable within 60 days of
receipt by PruHealth or PruProtect of a proper invoice.
- PruHealth and PruProtect reserve the right to amend or withdraw these terms
and conditions.
- These terms and conditions shall be governed by the laws of England and
Wales.
PruHealth and PruProtect are trading names of Prudential Health Services
Limited which is registered in England and Wales. Registered office at Laurence
Pountney Hill, London EC4R 0HH. Registered number 5933141. Prudential Health
Services Limited is authorised and regulated by the Financial Services
Authority