TCF - Southern Co-op Funeral Plan - Terms & Conditions

Pre-paid funeral plans

10.2 You irrevocably appoint us for the duration of your funeral plan as your agent for the purposes of asserting any right or interest that you have in your funeral insurance policy. Such appointment is without prejudice to the possibility of you asserting any rights or interests which you hold directly in your funeral insurance policy yourself. 10.3 In the event of our failure and/or us ceasing to be able to provide funeral services your funeral insurance policy will remain in force and the Insurer will work with the Financial Conduct Authority , the Financial Services Compensation Scheme Limited (“FSCS”) and any insolvency practitioner appointed or to be appointed to us to ensure that you or your nominee are provided with a pre-paid funeral in accordance with the arrangements for the funeral agreed with us 10.4 You hereby agree and consent that in the event of our failure we may transfer our rights and obligations under your funeral plan and your related funeral insurance policy to an alternate provider of funeral services that is appropriately authorised and regulated by the FCA. Your consent is given subject to the following provisions: (i) the transfer is arranged by an insolvency practitioner appointed to us and will result in your funeral plan being carried out by the transferee on the same terms as this agreement ; or (ii) the transfer is arranged by the FSCS on terms which will result in your funeral plan being carried out on terms which correspond in all material respects (so far as it appears to the FSCS to be reasonable in all the circumstances ) to those under this agreement. 11. Excluding liability 11.1 There are certain liabilities for which, as a matter of law, we do not exclude liability because we are prevented from doing so by law, for example: a. any fraudulent act or omission; b. death or personal injury caused by negligence; c. breach of your legal rights to which you are entitled as a result of being a consumer. These include our obligation to provide the services with reasonable care and skill and to provide the funeral plan as described. 11.2 Subject to this, we are not liable for: a. loss which was not reasonably foreseeable to both parties at the time when the Contract was made; or b. loss arising from commercial loss (e.g. loss of profit, loss of business or loss of business opportunity) to your business which would not be suffered by a consumer - because we believe you are not paying for the funeral plan wholly or mainly in connection with your business. 12. Complaints, governing law and jurisdiction. 12.1 If you have a query or complaint, please telephone 0800 243 380 or contact us by any of the methods set out at the beginning of this document and we will try to resolve it. If you are not happy with the way in which your query or complaint has been settled, you may be able to refer your complaint to the Financial Ombudsman Service (www.financial-ombudsman.org.uk). 12.2 If you are still unhappy after having gone through the steps in Clause 11.1, you may take the matter to court 12.3 The Contract (including any non-contractual matters) is governed by the laws of England and Wales and the courts of England and Wales have jurisdiction to settle any disputes. 12.4 You (the planholder) or the person for whose benefit the funeral plan was purchased (the plan applicant) (or their estate, if the planholder or the plan applicant, as the case may be has died) may be entitled to compensation from the Financial Services Compensation Scheme should we be unable to meet the funeral liabilities according to the Contract and the funeral plan. Please visit www.fscs.org.uk for more information 13. Data protection 13.1 We will use the personal data you provide to us to: a. provide the funeral plan;

12

Made with FlippingBook - professional solution for displaying marketing and sales documents online