- The terms and conditions of this agreement (the "Agreement") establish the rules and regulations that apply to access to and use of the www.toredounderwriting.com web site (the "Site") by an organisation (the "User").
- The User’s access to the Site is provided by Liberty Managing Agency Limited and Liberty Mutual Insurance Europe Limited (the “Insurer”).
- By using this Site the User is deemed to have accepted this Agreement in its entirety and agrees to use the Site in accordance with this Agreement.
- Registration and Rights of Utilisation of the Site
- The User will provide the Insurer with the first and last name and e-mail address relating to those of its employees whom the Insurer has approved in writing will be permitted to access and use the Site. Following receipt of such details, the User will be provided with details of its usernames and passwords for use via the Site.
- Following receipt of its usernames and passwords in accordance with clause 2.1 above, the User may access and use the services provided on the Site in accordance with this Agreement.
- Use of the Site is provided free of charge to the User.
- The Insurer reserves the right, at any time and without prior notice or reason, to reject, suspend or cancel the User's registration, and its access, to the Site and terminate this Agreement. In the event that such rejection, suspension, cancellation or termination occurs, the Insurer shall not be liable to the User in any way whatsoever for such rejection, suspension, cancellation or termination.
- User IDs and Passwords
- The User is solely responsible in all respects for all use of and for protecting the confidentiality of all usernames and passwords which may be given to the User by the Insurer or selected by the User for use via the Site. The User may instruct the Insurer in writing to access the Site via one of the User's usernames and passwords and to execute the User's written instructions on its behalf. It is agreed and understood that in doing so the Insurer is not acting as the User's agent and has no authority to act on its behalf in connection with the Agreement other than solely to execute such express written instructions. The User is fully responsible for all activities which occur under such usernames and passwords. The User may not share these with or transfer them to any third parties. The User must immediately notify the Insurer of any unauthorised use of them or any other breach of security regarding the Site. Any failure by User to adhere to this clause constitutes a material breach of this Agreement.
- When an individual employee of the User leaves its employment or is otherwise no longer to be granted access to the Site, the User shall notify the Insurer immediately in writing so that the User’s corresponding username and password can be disabled and/or re-assigned.
- Insurer are providing the Site on an "as is" and "as available" basis and makes no representations or warranties of any kind with respect to the Site or the content contained in the Site (including any text, graphics, advertisements, links, any content which is provided by other insurers and users or other items) and disclaims all such representations and warranties. In addition, the Insurer does not warrant that use of the Site will be free from viruses, uninterrupted, error-free or secure. Use of the Site and the services available via the Site are entirely at the User's own risk.
- Insurer makes no representation nor gives any warranty, condition, undertaking or term either express or implied as to the condition, quality, performance, suitability, fitness for purpose, or completeness of the content contained on the Site or that such content will be accurate and up to date.
- The User acknowledges that it is solely responsible for the use to which it puts the Site and all the results and information it obtains from it. As such Insurer takes no responsibility whatsoever for the use and performance of the Site and/or for any information obtained from it.
- Save in respect of liability for death or personal injury arising out of negligence, Insurer hereby disclaims and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever and howsoever incurred including any consequential, special, secondary or indirect loss or damage or any damage to goodwill or profits or any loss of anticipated savings incurred by the User, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with the User's access to or use of or inability to use the Site, or in connection with any failure of performance, error, omission, use of or reliance on any content displayed on the Site, interruption, defect, delay in operation or transmission, computer virus or line or system failure even if the Insurer or its employees or agents are advised of the possibility of such damages, losses or expenses.
- All products and services that appear on the Site are subject to availability and Insurer gives no guarantee in this regard. The provision of details of products and services on the Site are not, and should not be construed as, an offer to sell or buy such products or services by the relevant Insurer. The Insurer advertising the products or services concerned may accept or reject the User's offer at its sole discretion.
- Whilst Insurer takes care to ensure that the standard of the Site remains high and to maintain the continuity of it, the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, the Insurer does not accept any ongoing obligation or responsibility to provide access to the Site (or any particular part of it).
- Variation of Content
- The Insurer reserves the right in its absolute discretion at any time and without notice to remove, amend or vary any of the content which appears on any page of the Site.
- Any price indications or capacity offered to the User from the Insurer on or through the Site shall be non-binding price indications/capacity, are subject to change without notice and may be withdrawn by the Insurer at any time.
- Placing Orders/Reservations on the Site
- If the User applies for any product or service detailed on the Site the terms of this Agreement should be read in conjunction with any other terms and conditions which relate to any such product or service and, in the event of any contradiction between this Agreement and the specific terms and conditions relating to such product or service, the latter shall prevail.
- All orders or reservations placed with the Insurer by the User via the Site which progress to contract shall be subsequently processed via the Toredo facility (Market Reform Contract) in place with the Insurer at that point in time.
- Use of Content
- The User shall use the content on the Site solely for its lawful business purposes, in compliance with this Agreement and any restrictions imposed by a third party contributor and all applicable local, state and national laws and regulations. In no event is the User permitted to publish, re-transmit, re-distribute or otherwise reproduce any of the content which appears on any page of the Site in any format to any third party.
- The User acknowledges that all intellectual property rights in all materials in the Site and any copies remain the property of the Insurer or the relevant third party proprietor, licensor or other content owner.
- User shall not misuse the Site by knowingly introducing viruses or harmful technology and must not attempt to gain unauthorised access to the Site. User accepts responsibility for all content and data they post on the Site.
- USER IS RESPONSIBLE FOR ANY LOSS THE INSURER SUFFERS AS A RESULT OF USERS’ USE OF THIS SITE INCLUDING NONCOMPLIANCE WITH THIS CLAUSE 7, CLAUSE 3 (USER IDS AND PASSWORDS) AND ANY USE OF THIS SITE IN BREACH OF THIS AGREEMENT.
- All information and material submitted by the User to the Site (the "User Information") shall be deemed and remain the property of the User. The Insurer shall, and shall procure that any third party service provider shall, treat the User Information as confidential and the Insurer or any such third party service provider may not use it for any purpose other than providing the services that the User has specifically requested under this Agreement.
- Insurer is entitled to retain a copy of User Information contained or reflected in such documents and materials has been submitted in connection with a specific insurance transaction that has been sourced through the Site and subsequently entered into by the User and Insurer.
All design, text, graphics and the selection or arrangement thereof in the pages of the Site and the screens displaying the pages of the Site are the copyright of the Insurer unless otherwise indicated.
The trade marks, logos and services marks ("Marks") displayed on the Site are the property of the Insurer. The User is not permitted to use these Marks without the prior written consent from the Insurer and the User acknowledges that any such use may constitute an infringement of the relevant proprietor's rights.
The Site may contain links to third party web sites. Access to any other web site linked to the Site is at the User's own risk and the Insurer is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on any such third party web site or the security of any link or communication with such sites. The Insurer reserves the right to terminate a link to a third party site at any time. The fact that the Insurer provides a link to a third party web site does not mean that the Insurer endorses, authorises or sponsors that web site nor does it mean that the Insurer is affiliated with the third party web site's owners or sponsors. The Insurer provides these links merely as a convenience for those using the Site.
- Privacy of Personal Data
- The User acknowledges that the Insurer and third party service providers are entitled to handle any personal information the User supplies to the Insurer. The User's personal data is required for the initial registration process, to allow parties to process and respond to any enquiries the User may have and to contact the User.
- Insurer is the data controller for the personal data processed through the Site and shall process data in accordance with privacy notice published on the Site.
The Insurer may revise this Agreement by updating this posting. Any such modifications shall become effective immediately.
- No breach of any provision of this Agreement shall be waived or discharged except with the express written consent of the parties.
- No failure or delay by a party to exercise any of its rights under this Agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right.
The Insurer may assign the benefit of the User's obligations under this Agreement to any third party without the User's consent, in which event the parties shall, if the Insurer so requests in writing, also novate this Agreement in favour of the assignee and shall execute a novation deed in terms to be agreed between them.
If any provision of this Agreement is or becomes for any reason whatsoever invalid, illegal or unenforceable it shall be divisible from this Agreement and shall be deemed to be deleted from it and the validity of the remaining provisions shall not be affected in any way.
Notices shall be deemed to be served in the case of Insurer communicating with the User, when Insurer sends an e-mail to the e-mail address specified by the User during the registration process and in the case of the User communicating with Insurer when delivered or posted to Insurer’s offices at 20 Fenchurch Street, London EC3M 3AW
- Rights of Third Parties
Save for any rights or benefits expressly conferred on the Insurer, its affiliates or any of Insurer’s contributors to the Site under this Agreement, nothing in this Agreement confers or purports to confer on any third party any benefit or right to enforce any term of this Agreement and the provisions of the Contracts (Rights of Third Parties) Act 1999 (as amended or modified from time to time) are expressly excluded.
- Governing Law
- Insurer makes no representation that the content or materials on the Site are appropriate or available for use in other jurisdictions outside of the United Kingdom. Access to the Site's content or its materials from jurisdictions where such access is illegal is prohibited. If the User chooses to access the Site from other jurisdictions, the User does so at its own initiative and risk and the User is responsible for compliance with all relevant local laws.
- This Agreement and any dispute or claim whatsoever relating to its formation shall be governed by and interpreted in accordance with English law and the parties irrevocably agree that the English courts shall have exclusive jurisdiction.