Terms of use
In short: these rules cover how you use our website and apps. They are not your insurance. What your insurance covers and what it costs is set out in your policy documents, which always come first. Anything our website, apps or AI features tell you is there to help, but the details shown in our purchase journey and policy documents are what apply.
These Terms of Use are the rules for using Fidamy’s website, apps and online services, including any account, the Mijn Fidamy portal and Fidamy Chat (together, the “Services”). By using the Services you agree to these rules. If you do not agree, please do not use the Services.
The Services are provided by Fidamy B.V. (“Fidamy”, “we”, “us”), Fred. Roeskestraat 115, 1076 EE Amsterdam, the Netherlands. Fidamy is a regulated insurance intermediary; our registrations and regulatory details are set out on our Legal and Compliance page at https://www.fidamy.com/resources/legal-compliance.
1. What the Services do, and what they do not do
The Services let you find information about insurance, take out and manage cover, report a claim and contact us. They are a channel for using insurance products; they are not the insurance itself. The Services give you factual information and help you complete what you came to do, but they do not give you personal advice about whether a product is right for you. If you need advice, please seek it independently.
Your insurance, what it covers and what it costs are set out only in your policy documents: the policy schedule, the policy conditions (polisvoorwaarden) and the information you receive before you buy. If anything shown in the Services appears to differ from your policy documents, your policy documents are the ones that count. Nothing in these Terms of Use changes your cover, and matters such as premium, claims, cancellation, fraud and your rights as a policyholder are governed by those documents, not by these terms.
2. AI features and automated assistance
Some Services use artificial intelligence to help you, for example to answer questions in chat or to guide you through a journey. These features are there for convenience and general help. They can make mistakes, can be incomplete, and can misstate details such as prices, cover, excesses, fees or eligibility. Anything an AI feature tells you is informal and is never a binding quote, offer, advice or confirmation of cover.
What counts is the information shown in our standard purchase and policy journeys and in your policy documents. Where anything an AI feature says differs from the price, cover or other details displayed in those journeys or in your policy schedule, policy conditions and pre-contractual information, those journeys and documents always prevail. Your insurance is concluded on the terms shown in the journey and confirmed in your policy documents, not on anything stated by an AI feature. If something an AI feature tells you does not match what you see in the journey, please rely on the journey and contact us if you are unsure.
3. Who can use the Services
You may use the Services if you are able to enter into a binding agreement under Dutch law. You must be at least eighteen years old to take out or manage insurance through the Services. If you use the Services on behalf of a business, you confirm that you are authorised to act for that business and to accept these terms on its behalf.
4. Accounts
Some Services require an account, for example for our distribution partners, and we may make accounts available to policyholders in future. Where the Services provide an account, you must give true, current and accurate information when you create it and keep that information up to date. You are responsible for keeping your login details and devices secure and for everything that happens under your account. Tell us as soon as possible if you become aware of, or suspect, any unauthorised use of your account or any other breach of security. We may restrict, suspend or close an account in line with section 9.
5. Using the Services responsibly
Please use the Services only for their intended purpose and within the law. You agree not to try to access accounts, data or systems that are not yours; not to disrupt, overload or interfere with the Services or the networks behind them; not to introduce viruses or other harmful code; not to copy, scrape or harvest data from the Services beyond ordinary personal use; not to build a competing or similar product or service using the Services; and not to use the Services to commit fraud or any other unlawful act, or to get around any security or access controls.
6. Information and files you give us
When you use the Services you may submit information and files to us, for example details for a quote or a policy, or evidence to support a claim such as photos, receipts or a device identifier. You are responsible for what you submit. You confirm that you are entitled to provide it, that it is accurate and complete, and that it does not contain anything unlawful or harmful, including viruses or other harmful code. We use what you submit to provide the Services, to handle your request or claim, and to meet our legal and regulatory obligations, as described in our Privacy Policy. We do not publish or share what you submit except as needed for those purposes or as the law requires.
7. Our content and intellectual property
Everything we make available through the Services, including text, images, graphics, software, the Fidamy name and our logos and marks, belongs to or is licensed to Fidamy or others, and is protected by intellectual property rights. You may use it only as part of using the Services normally. You may not copy, reproduce, publish, distribute or otherwise reuse it without our permission. All copyright and other ownership notices must be kept intact.
8. Links and third-party services
The Services may link to, or rely on, websites and services we do not control, including those of our partners, our insurers and other providers. We offer these links and connections for convenience. We do not run those services and are not responsible for their content, accuracy or availability, and your use of them is subject to that party’s own terms.
9. Suspension and ending your use
You may stop using the Services at any time, and where you have an account you may ask us to close it. We may suspend or end your access to all or part of the Services, with or without notice, if we reasonably believe these terms have been broken, if it is needed to protect the Services, our customers, our partners or our insurers, or to meet a legal obligation. Suspending or ending your use of the Services does not by itself affect any insurance policy you hold; your policy is governed by your policy documents. The sections of these terms that are meant to continue, including those on intellectual property, responsibility, and governing law, remain in force after your use of the Services ends.
10. Availability of the Services
We work hard to keep the Services available and working properly and to keep the information in them accurate and up to date. We cannot promise that the Services will always be available, uninterrupted or free of errors, or that the Services or anything you reach through them are free of viruses or other harmful components. We may update, change, pause or withdraw parts of the Services, and we will give reasonable notice where it makes sense to do so. The Services work best with an up-to-date browser and operating system.
11. Our responsibility to you
We do not exclude or limit our responsibility where the law does not allow us to, including for damage caused by our intent or conscious recklessness, or where mandatory consumer law gives you rights that cannot be set aside.
Beyond that, and as far as the law allows, Fidamy is not responsible for indirect or consequential loss, such as lost profit, lost data or lost time, arising from your use of or inability to use the Services, from any interruption or error in the Services, from unauthorised access to your account or data, or from your reliance on general information in the Services rather than on your policy documents. This does not affect any rights you have under your insurance policy, which are dealt with in your policy documents and handled by us or the insurer under those documents.
If you use the Services in a way that breaks these terms or the law and that causes us loss or a third-party claim, you are responsible for that loss or claim to the extent it results from your actions.
12. Privacy and cookies
How we handle your personal data is explained in our Privacy Policy at https://www.fidamy.com/documents/privacy, and our use of cookies is explained in our Cookie Policy at https://www.fidamy.com/documents/cookies. These apply to your use of the Services alongside these Terms of Use.
13. If something goes wrong
We want you to be happy with the Services. If you have a problem or a complaint, please tell us so we can try to put it right. Our Complaints Procedure, at https://www.fidamy.com/documents/complaints-procedure, explains how to raise a complaint and what happens next.
14. General
These Terms of Use, together with the documents they refer to, are the whole agreement between you and us about your use of the Services. If any part of these terms is found to be invalid or unenforceable, the rest stays in force, and the invalid part is treated as adjusted so far as needed to be valid. If we do not enforce a right straight away, we do not give it up and may still enforce it later. You may not transfer your rights or obligations under these terms without our consent; we may transfer ours provided your rights are not reduced. We may contact you, and give any notice under these terms, by email, through your account or within the Services, using the contact details you have given us, and you agree to receive communications from us electronically.
15. Changes to these terms
We may update these Terms of Use from time to time, for example to reflect changes to the Services or to the law. The version published in the Services, with its effective date, is the one that applies, and changes take effect going forward. Where a change materially affects you, we will take reasonable steps to let you know in advance.
16. Language
These Terms of Use are available in English and Dutch. If you are a consumer resident in the Netherlands and the two versions differ, the Dutch version applies to you.
17. Governing law and where disputes are heard
Dutch law applies to these Terms of Use and to your use of the Services. Disputes will be brought before the competent court in the Netherlands. If you are a consumer, this does not affect any right you have to bring proceedings in the courts of your place of residence.