Furness Underwriting, with registered offices at 106 Fenchurch Street, London EC3M 5JF, United Kingdom (hereinafter “FUw”) has developed a secure website and webservices (hereinafter “Website“) which may be accessed by Insurance Intermediaries to enter various data, including data regarding contracting parties and/or beneficiaries and relevant risks, submit a request for a quotation, prepare policies and insurance certificates, notify and manage claims (hereinafter “Services“).
These are the general Terms and Conditions of FUw for the use of the Website. The address of the Website is http://www.furnessunderwriting.com
The use of the Website by the User, or that of its Authorised User, will be subject to these Terms and Conditions and any subsequent amendments provided that we give notice in accordance with Clause 11. By continuing to use the Website the Users are agreeing to comply with and be bound by the following terms and conditions of use.
“User” refers to the user, or viewer of the Website, acting in its capacity as an Insurance Intermediary;
“Authorised User” refers to any person employed and authorised by the User to use the Website;
“Users” refers to the User and/or its Authorised User all together;
“Other User” refers to any other person not authorised by the User to use the Web Site;
“TOBA” refers to Terms of Business Agreement.
1. Access to the Website
The User must be established within the European Economic Area (EEA), and authorised and regulated by the relevant regulatory authority. The Users agree to comply with all applicable law, statutes and regulations in connection with the use of the Website
FUw hereby grants the Users the right to access the Website and to use it within such limits and on such Terms and Conditions as specified in, or incorporated into, this agreement. In order to access the Website, the User shall request access for all the persons within its organization who need to access the Website. The Users must register on the Website.
FUw reserves the right to grant, restrict or revoke access of the Users to the Website at any time.
Any password chosen by the Users shall have a minimum of 8 characters, containing upper case, lower case and numbers, shall be changed at least every 90 days and shall be kept confidential. In the event that the Users have reason to believe that a username and/or password has not been kept confidential and/or that someone is using a username and/or password in an improper manner, they shall immediately notify FUw and FUw will take such remedial action as it determines at their sole discretion.
The use of the Website does not grant the Users acting under a TOBA any powers in addition to or other than those conferred on them under the TOBA in force at the time of any access to the Website. Therefore, in the event that, for any reason whatsoever, including any software error or failure to update the TOBA, the Users have access to a section of the Website other than the one corresponding to the powers conferred on them under the TOBA in force, the Users shall refrain from undertaking any commercial activity in that section. This includes writing risks and or reviewing commercially sensitive material. The Users shall immediately notify FUw of any such software error or failure to update the TOBA.
2. Technical requirements to be met
The Users hereby acknowledges and accepts that they retain responsibility and liability for ensuring that the hardware and software used by the Users to access the Website, shall be acquired and maintained at Users’ sole cost and shall have sufficient capability to access the Website.
FUw reserves the right to update the technical characteristics of the Website at its sole discretion. It is the responsibility of the Users to obtain and maintain an Internet connection, at its sole cost.
The Users shall use and shall keep regularly updated and/or patched as relevant, appropriate information protection measures when accessing the Website including but not limited to anti-virus software, firewalls and internal information protection policies and/or usage standards have said software regularly updated and patched.
3. Services offered by the Website
The Website is intended to give the Users information and quotations in relation to insurance cover offered by FUw. FUw will issue certificates of insurance and/or reinsurance certificates to the Users online.
Insurance certificates issued through the Website are for the Users’ benefit only. It is Users’ responsibility to ensure that all information provided by them and their client is correct. Certificates may not be transferred or used for the benefit of anyone else.
Any insurance certificate issued is subject to the terms of the policy document. The Users should read the terms of the policy before purchasing on behalf of the clients any insurance from FUw. Any insurance provided to the Users is for the sole use of the Users and their clients.
FUw allows the Users:
- where the Users are acting under a TOBA, to access one or more sections, depending on the credentials conferred on the Users, where they will be able to submit a request for a quotation, to prepare on-line policies, by entering the details of the contracting parties and/or beneficiaries and insured risk, to notify and manage claims, to print the documents so obtained. In the event that the powers conferred on the Users under the TOBA are modified, the right to access the sections of the Website may be modified by FUw accordingly;
- where the Users are acting under a TOBA, to access a section containing all the details of the policies issued by using the Website under a TOBA.
The services offered by the Website are free of charge.
4. Restrictions of Use
The Website shall be accessed by the Users for the sole purpose of using the Services, and any other services that may be offered in the future and the use of which has been granted to the Users in writing by FUw.
The User undertakes not to, and agrees to procure that the Authorised User shall not, use the Website in an improper manner, and undertake that neither shall:
(a) reverse engineer or decompile (whether in whole or in part) any software at the Website, use any software and/or other device which may interfere with the functionality of the Website;
(b) other than where necessary in the normal course of carrying out its business disclose, publish, transfer or otherwise make available any of the contents of the Website or information learned whilst visiting the Website; knowingly use the Services to obtain quotations for insurance coverage using incorrect information;
(c) try to access sections where the Users have not received the appropriate authority and/or authorisation to access; attempt to accept a quotation without obtaining the consent of the clients; obtain excessive numbers of quotations, or use the proposal to obtain quotations in a manner which prevents or hinders other persons’ ability to obtain quotations or insurance policies, or otherwise create a nuisance of themselves or to the Website and/or Services;
(d) remove any copyright, trade mark or other intellectual property right notices contained in material on the Website; remove, change or obscure any product identification or notices of proprietary rights and restrictions on or in the Website;
(e) other than where necessary in the normal course of carrying out its business make copies, modify or alter (including the creation of HTML links to or from the Website) all or any part of the Website or any materials contained on the Website;
(f) knowingly publish, post, upload, distribute, disseminate or otherwise transmit, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory, libellous, slanderous or are otherwise unlawFUw on the Website and will take reasonable precautions to prevent the transmission of such material;
(g) upload files to the Website that contain software or other materials in breach of any intellectual property rights or in breach of confidence;
(h) hack into, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or engage in any other behaviour intended to inhibit any other person from using and enjoying the Website or is otherwise likely to damage or destroy the reputation of the Website;
(i) use the Website in a manner which may cause an infringement of the rights of FUw and/or of any other third party(ies), or constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of FUw or any third party in the UK or any other country in the world;
The Users hereby agree to use the Website only while the TOBA is in force. This agreement does not take precedence over or modify the terms of any TOBA.
FUw accepts no obligation to monitor the use of the Website by the Users.
However, FUw reserves the right to disclose any information as required by law and/or to remove, refuse to post, or to edit such information and materials, and to take such other action as may be reasonably necessary to prevent any breach of these terms occurring. FUw will promptly provide the User with FUwl details in writing of any such actions unless prohibited from doing so by law or regulation.
FUw reserves the right to block the access of any user at any time, either temporarily or permanently, to the Website, if FUw deems, in its absolute discretion, that it is reasonable to do so but shall make available records of previous transactions upon receipt of the Users’ reasonable request.
The Website (including the software used to operate it) and the trademarks used in connection with the Website are owned by FUw and/or its licensors. The Users are not granted any right or interest in these except as stated in these terms. The Users shall notify FUw immediately if they become aware of any unauthorised access, use or copying by any person.
6. Operation of the Services and Website
FUw may change the format and content of the Website and/or the Services at its sole discretion from time to time. FUw may, from time to time suspend the operation of the Website for repair or maintenance work, or to update or upgrade the contents or functionality of Website. FUw will use all reasonable endeavours to undertake such repairs, maintenance or amendments to the Website as quickly as possible.
The Users hereby agree to comply with all reasonable directions and instructions given by FUw in relation to the use of and access to the Website, and to use the Website in accordance with all applicable regulations.
7. Usage of the site for obtaining insurance quotations or coverage
The Users agree that the exchange of messages via the Website is a valid means of forming an insurance contract and that they will not challenge the admissibility as evidence of any insurance information, whether originating from the Users, or any Other User, on the sole ground that such insurance information is an electronic communication, nor contest the validity of any contract on the sole ground that it was issued electronically via the Website.
The Users agree that if any legislation or regulation requires any contract to be in writing, any contract formed electronically via the Website will be deemed to satisfy that requirement, and that if any legislation or regulation requires any contract to be signed, an electronic signature incorporated into or associated with a contract will be deemed to satisfy that requirement.
The User will accept as having originated from an Authorised User any insurance information that purports to have been sent by that Authorised User and, in the absence of manifest error, discrepancy, alteration or corruption of insurance information will accept the integrity of that insurance information and the authority of the Authorised User to send such insurance information.
The User is responsible for any insurance information sent by its Authorised User or any Other User accessing the Website using any of its username and password.
The Users may not challenge the validity of any contracts concluded by any Authorised User or any Other User accessing the Website using its usernames and passwords solely on the basis that such person was not duly authorised to conclude such a contract, unless the fact that such person was not duly authorised was manifestly obvious at the time such contract was formed.
Insurance information sent via the Website will be deemed to have been received when such insurance information is recorded by the Website as having been received. The Users should check their Inbox to ensure any insurance information they have sent has been recorded by the Website as received.
A contract will be formed, or changes to a contract formalised, where the Website records that an acceptance by one User of an offer to contract, or an offer to change the terms of a contract, capable of acceptance has been accepted by another User.
8. Disclaimer and Limitations of Liability
In no event shall FUw be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, loss of sales, loss of revenue, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss (howsoever arising).
The Users shall indemnify FUw and keep FUw always indemnified against any proven foreseeable and fully mitigated loss or damage arising from an unauthorised use of the Website and from all proven foreseeable and fully mitigated actions, proceedings, claims, demands, costs (including legal costs), awards and damages arising from any breach or non-performance by the Users of any of their obligations under these general Terms and Conditions. This obligation to indemnify includes the obligation to reimburse FUw for legal costs incurred and for sanctions inflicted on them, if any.
FUw makes no representation or warranty (express or implied) or provides any advice about the accuracy, quality or completeness of any information or materials made available on third party web sites linked from the Website. FUw shall not be liable for any action taken by the Users as a result of relying on any information provided in third party web sites or for any loss or damage suffered by the Users.
The Users are solely responsible for their use of the Website, usernames, passwords and any information made available on the Website from time to time and for any consequences or effects (whether direct or indirect) of such use.
FUw does not warrant that the Website will be uninterrupted or error or defect free or available for any period of time. It is the responsibility of the Users to make and keep a daily back-up copy on a protected disk of all the data entered by the Users into the Website.
9. Right to Terminate
FUw reserves the right to terminate the Users’ access to the Website at any time and without notice, for any reason whatsoever.
The Users may cancel any of the Services at any time by giving written notice to FUw. Any notice given by the Users pursuant to this clause will not remove any obligation on the Users in relation to Insurance Business transaction that is in progress at the time such notice is given. Moreover, notice under this clause shall not be effective notice under any contract of insurance.
On termination, the Users will pay all sums due and received by the Users up to the date of termination to FUw within 28 days of such termination.
The Users acknowledge and agree that upon termination or expiry of this agreement, howsoever arising, FUw shall not be required to delete data entered by the Users into the Website provided that such data is retained in accordance with applicable data protection legislation.
10. Use of Data
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and the Users consents to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this Website. The Website is operated and controlled by FUw from its offices in the United Kingdom. FUw makes no representation that information or material contained at its Website is appropriate for use in other jurisdictions. The Users agree that FUw may sub-contract the performance of any of its obligations or may assign these Terms and Conditions or any of its rights or obligations subject to giving the Users reasonable prior written notice. FUw may delay enforcing its rights under these Terms and Conditions without losing them.
If any provision of these Terms and Conditions is found to be unenforceable this shall not affect the validity of any other provision.
FUw may amend, vary or supplement these terms and conditions. Any such changes may be provided to the Users by any reasonable means including, but not limited to, posting a revised Terms and Conditions on the Website. It remains the Users’ responsibility to access and check these Terms and Conditions whenever they access the Website as the latest version of these Terms and Conditions will govern any future usage of the Website. The Users will be able to determine when this was most recently revised by checking the date at the top of this page.
These Terms and Conditions (as varied in accordance with its terms) form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.
The Users may contact FUw about any problems or questions relating to the Website at firstname.lastname@example.org
7th Floor, 106 Fenchurch Street,
London, EC3M 5JF