These Terms and Conditions set forth the rules applicable to the access to and use of the BMI PORTAL Website (hereinafter the Website), as well as the Applications to which you, as an Agent/Broker (User) with a contractual relationship with BMI IGUALAS MÉDICAS DEL ECUADOR S.A. (BMI), have access, which shall be deemed accepted upon use unless expressly stated otherwise.

Legal aspects of the BMI Portal Website

BMI makes the Website available to the User, which allows quotes to be generated automatically based on the information and data provided by the User regarding the Client, including Personal Data with the Client's due authorization, and allows information to be completed, the application to be filled out and, finally, BMI products to be purchased in the name and on behalf of the client and with the client's authorization. Personal Data shall be understood as information that affects people's privacy or whose misuse may lead to discrimination based on ethnicity, political orientation, religion, health data, sex life or biometric data.

Limitations of the BMI Portal Website

The Website shall be used solely within ECUADORIAN TERRITORY, understood as the geographic space belonging to the Republic of Ecuador in accordance with its Political Constitution. It is an essential condition that the Client who is the beneficiary of the products purchased be an Ecuadorian citizen or hold resident immigration status in the Republic of Ecuador.

In order to use the Website's services, the User must strictly log in with the username and password provided by BMI, from a mobile device with Internet coverage provided by a mobile carrier or with WiFi access. BMI shall not be liable for any interruption or restriction of the use of the Website by the mobile telephone service provider, nor shall it be liable for any changes or updates to the device or the Applications that may become necessary, or for any related costs, as it is understood and accepted that such circumstances are beyond its control.

Access to the Website may be unavailable at any time due to various factors, including but not limited to weather conditions, network failures, topographic conditions, geographic location, or the location of the mobile device in buildings with signal suppressors; consequently, access to and use of the Website may be interrupted for reasons beyond BMI's control, so failures or errors may occur, such as the purchase process not being completed, the data entered for quotes not being saved, or the process having to be restarted. In any case, no liability whatsoever shall be assumed for any impairment of access to or use of the Website for reasons beyond BMI's control.

Modifications

BMI, as it suits its interests or business needs, or in compliance with an applicable legal or judicial provision, reserves the right to make changes at any time to the access to and use of the Website, the services provided through it, these terms, and the information required for the purchase process, for which publication of the modification on BMI'S WEBSITE shall suffice. It is the User's responsibility to periodically review said Website to stay informed of updates to these Terms and Conditions, since they will take effect once they appear on it.

Website and applications

The use of our Website, as well as the download of Applications (where applicable), implies acceptance of these Terms and Conditions of use specified in this legal notice and the implicit affirmation of having the legal capacity to accept them and abide by them on your own behalf and in the name and on behalf of the client after having advised and informed the client accordingly. The use of the Website and Applications requires compatible devices and Internet access, periodic updates may be required, and it may be affected by the performance of these factors. It is accepted that these requirements are the User's responsibility.

Use of cookies

BMI informs you that no “cookies” are used while browsing the Website; however, should they be used, such use is authorized.

Rules of use

• (i) The BMI PORTAL User is authorized to use the Website for commercial purposes, with the aim of generating new business with mutual clients of BMI and the User.
• (ii) The User may access the portal without limit through mobile devices running the Android and iOS operating systems.
• (iii) The User is not authorized to copy the content of the Website in any form or to any degree.
• (iv) The User may not use the Website for the following purposes:
  • Improper, illegal or immoral purposes that disrupt the Services or cause the operation of the Services to be compromised or rendered impossible;
  • To create, store or transmit defamatory, offensive or obscene content, or to carry out activities that could offend others on the grounds of race, religion, creed or sex;
  • To harm, or attempt to harm, minors in any way;
  • To create, store or transmit any material that constitutes a threat, that causes material damage or the destruction of property, or that constitutes a criminal offense or gives rise to civil liability;
  • To create, store or transmit material that infringes copyright, trademark, patent, trade secret, privacy, publicity or any other type of intellectual property right or proprietary right;
  • To create, store or transmit unsolicited advertising material to other Users;
  • To create, store or transmit any material that harasses others;
  • To make fraudulent, false or incorrect offers, or to sell or buy products, items or services not authorized by BMI, or to send chain letters, pyramid schemes or the like;
  • To collect or attempt to collect personal information about third parties without their prior consent, or to collect information about their on-screen behavior, or to create databases or carry out any other activity aimed at obtaining lists of Users or other data;
  • For any activity that adversely affects the ability of other people or systems to use the services or the Internet in general, including, among others, network flooding and hacking;
  • To resell, modify or redistribute any of the services, or to impersonate any person or entity, or to use a false name;
  • To create false businesses or agreements, or to generate or induce deception.
  • To disclose any information that personally identifies third parties (e.g., telephone number, geographic address or any other information through which a person's identity or contact details could be obtained).

The foregoing list is illustrative and is not intended to provide an exhaustive list of the types of unacceptable uses that may result in the restriction, suspension or cancellation of your permission to use the Website. Given the global nature of the Internet, Users must undertake to respect local regulations regarding online conduct and acceptable content. Users also undertake to comply with any applicable rules related to the export of data from any country.

Intellectual property

By using this Website and/or BMI PORTAL Applications, you acknowledge that it contains information, communications, software, photos, videos, graphics, music, sound, images and other materials and services (hereinafter collectively referred to as «the Content»), and that this Content is supplied by BMI or under license from independent content providers; therefore, you are informed of and accept that, notwithstanding that BMI allows access to the Content, it is protected by the rules on industrial and intellectual property, a protection that extends to both the transmission media existing today and those developed in the future, so the use of the Content shall be governed by said industrial and intellectual property rules, including the applicable international treaties in force in Ecuador, unless expressly stated otherwise in each case.

Nothing contained in these Terms and Conditions or any other document shall be construed as a license, grant, authorization, assignment, sub-license or transfer of rights in favor of the User or any third party, and the User expressly acknowledges that they have no right whatsoever over said intellectual or industrial property rights. All the Content of the Website and BMI PORTAL Applications is protected by national and international intellectual property laws; consequently, as a User you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display or in any way exploit any part of the Content. The Content may only be used in the manner set forth herein. Violation of these Terms of Use may constitute an infringement of our intellectual property rights or those of our content providers, who reserve the right to take legal action to protect these rights.

The Content may be viewed and printed, and documents may be distributed, provided that they are used as information and only for personal, non-commercial purposes. Exchanging, modifying, selling or transmitting anything on the Site is not permitted.

BMI undertakes to act in strict compliance with the regulations in force on the Protection of Personal Data. In addition to what is expressly set forth in the corresponding Comprehensive Privacy Notice, the User of the Website and Applications agrees to: (a) provide true, accurate, current and complete information about themselves as requested in the User registration form; (b) maintain and promptly update the registration data so that it remains true, accurate, current and complete; (c) have the due authorization of the client to act in the client's name and on the client's behalf; (d) authorize BMI to validate the information and, for this purpose, to obtain information from third parties, including Personal Data that is ordinarily protected; (e) provide at all times truthful, complete and up-to-date information about the client, and for this purpose inform the client of the legal and contractual implications that non-compliance could entail. If any false, inaccurate, outdated or incomplete information is provided, or BMI has reasonable grounds to suspect that the information is false, inaccurate, outdated or incomplete, BMI reserves the right to suspend or terminate your access to or use of the service.

Transmissions over the Internet could be compromised, so it is understood that any information or message sent on the Website or through the Applications could be intercepted or read by third parties; BMI shall in no case be liable for unauthorized acts of third parties carried out with the intention of circumventing the Website's security protocols. Passwords and Usernames shall be exclusively for personal use and may not be transferred, and the User is responsible for maintaining the confidentiality of the password as well as for all activities carried out under their password or account. As a User, you undertake to immediately notify BMI of any unauthorized use of the password or account or any other security breach. BMI cannot and will not be held liable for any loss or damage caused by failure to comply with these Terms of Use.

Software available on the site

Any software offered for download from the Site (the «Software») is the intellectual property of BMI or its content providers. Any reproduction or redistribution of the Software may result in penalties.

Termination

In the event of non-compliance with these Terms and Conditions, BMI shall have the discretionary power to (i) terminate the contract with the Agent without thereby ending the obligation to pay the amounts owed and/or (ii) prevent access to the portal and use of the applications.

Subscription cancellation policy

Members will receive the subscription service for the full or partial term. If automatic renewal is canceled, the subscription will be canceled, but the member will continue to receive notifications until they have no outstanding balances with BMI. For more information or requests, contact us by email at cobranzasec@bmicos.com or at (593) 2 400-0081.

Disclaimer of warranties; limitation of liability

BMI does not warrant or represent that your use of BMI PORTAL will be uninterrupted or error-free, and you therefore expressly accept that such use is at your sole risk. BMI PORTAL is made available to you «as is» and «as available» for use, without warranties of any kind, whether express or implied.

In no event shall BMI, its directors, officers, employees, affiliates, agents, legal representatives, suppliers or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damage or loss arising from the use of BMI PORTAL or from any other claim related in any way to your use, including without limitation any error or omission in any content, or any loss, harm or damage of any kind incurred as a result of the use of any content or application. Information related to the use of BMI PORTAL is at your sole risk, and therefore the User hereby waives any claim against BMI for any loss or liability related to the use of the Website.

Jurisdiction

The interpretation and application of these Terms and Conditions shall be governed by the laws of Ecuador, and both the Users of this Site and BMI hereby submit, as of this moment, to the jurisdiction of the competent courts of the City of Quito.

Obligations of the Agent/Broker

The agent/broker acknowledges that their obligations are:

• To comply with the obligations established in their Agency Agreement and in the regulations in force for the Exercise of the Activities of Insurance Producer Advisors.
• To act on behalf and in the name of the client, being duly authorized to do so.
• To comply with the principles of professional ethics.
• To advise the client truthfully, sufficiently, in detail and on an ongoing basis about the contract conditions, scope of coverage, benefits, exclusions, installments, payment method, requirements, deadlines and procedures for claiming reimbursement payments.
• To warn the client of their obligation to accurately and truthfully declare their health condition as well as all their pre-existing medical conditions, informing them of the contractual and legal implications that failure to declare could entail. This includes information about the place of residence of the Policyholder and each Client.
• To advise the client on the validity of the formation and perfection of consent through the use of electronic means.
• To properly manage with the client the information on the payment method, whether credit card information or automatic debit, and to obtain for themselves (agent/broker) the authorization to use such information for the respective payment.
• To ensure that the client confirms that the funds come from lawful activities.
• To advise the client on the proper use of electronic means, and to explain that electronic consent, in accordance with current legislation, creates obligations. Likewise, that the authorization to use a payment method electronically obliges the client to honor such authorization and, therefore, for the payment to be executed.