ESURER.COM

Digital Platform Terms

These terms apply to your use of the ESURER Digital Platform (“the Platform”).

1.	Your licence to use the Platform

Subject to these terms we grant you a non-exclusive, non-transferable licence to access and use the Platform solely for your own business purposes.

2.	Your use of the Platform

2.1.	You agree to comply with the terms of use published by us on the Platform from time to time.

2.2.	You shall not at any time:

2.2.1.

disrupt, interfere with or restrict the use of the Platform by other users including, without limitation, denial of service attacks, mailbombing, flooding or other deliberate attempts to overload the Platform;

2.2.2.

upload, display or transmit any materials through the Platform which are false, offensive, defamatory, threatening, obscene or unlawful or which infringe the rights, including but not limited to intellectual property rights, of any other person anywhere in the world;

2.2.3.

test the vulnerability of the Platform or attempt to circumvent or hack any user authentication or security controls in respect of the Platform;

2.2.4.

reverse compile, disassemble, reverse engineer, decompile, copy, duplicate, modify or adapt any software or other code or scripts forming part of the Platform, or attempt to transmit to or via the Platform any information that contains a virus, worm, Trojan horse or other harmful or disruptive component;

2.2.5.

attempt to obtain, or assist others in obtaining, access to the functionality of the Platform, except as permitted by these terms;

2.2.6.

misuse any files or other data contained in the Platform;

2.2.7.

use the Platform in contravention of any applicable law; or

2.2.8.

undertake any penetration testing in relation to the Platform.

2.3.	It is your responsibility to maintain an appropriate internet connection to allow access to the Platform. You accept that your use of the Platform may be subject to problems arising from the use of the internet and that we are not responsible for such problems.

2.4.	You shall ensure that:

2.4.1.

only authorised users use the Platform; and

2.4.1.

their use is at all times in accordance with these terms.

2.5.	You shall indemnify us against any losses that we suffer as a result of any breach by you of these terms.

2.6.

You acknowledge that we do not solicit or provide reinsurance contracts or capacity. the Platform provides operational ease to access reinsurance market and does not provide any transactional services and/or advice. We are not a party to any reinsurance contract entered into by you through your use of the Platform. Furthermore, we do not verify the financial stability of any business that enters into a reinsurance contract through the use of the Platform. Your use of the Platform for reinsurance negotiations is at your sole risk. The same applies for the use of the Platform for your operational risk information sharing purposes.

3.	Our Intellectual Property Rights

3.1.	You acknowledge that we own, or are licensed to use, all copyright and other intellectual property rights of whatever nature relating to the Platform.

3.2.	We warrant to you that your use of the Platform in accordance with these terms will not infringe the copyright of any third party.

4.	Limitation of Liability

Our liability to you under these terms shall not exceed GB£1,000. Nothing in this Agreement shall exclude or restrict the liability of either party to the other for death or personal injury resulting from the negligent act of one party or for liability for any fraudulent misrepresentation by a party to these terms.

5.	Termination

Either party may terminate the agreement under these terms at any time by written notice to the other.

6.	Our Intellectual Property Rights

6.1.	Neither party shall at any time:

6.1.1.

divulge or communicate to any person, company, business entity or other organisation; or.

6.1.2.

use for its own purposes or for any purposes other than those of the other party:

any trade secrets or confidential information relating to the other party. These restrictions shall cease to apply to any such information which shall become available to the public generally otherwise than through a breach of a duty of confidentiality owed to the other party. Furthermore, neither party shall be restricted from disclosing the confidential information or any part of it under a judicial or other lawful government order. This shall be only to the extent required by such order and subject to the party obliged to comply with such order giving the other party as much notice of the terms of the order as may be reasonably practicable.

7.	Data Protection

Each party agrees that it will comply with all its obligations under any data protection legislation in connection with these terms, applicable at any time, currently or in the future, in respect of its own use or the use of third parties under its control, during the course of the agreement and continuing after termination.

Each party agrees to notify the other without undue delay (and within no more than 24 hours) on becoming aware of a breach of any applicable data protection legislation.

8.

General

8.1.	The failure or delay of either party to exercise or enforce any right under these terms shall not operate as a waiver of that right or preclude the exercise or enforcement of it at any time later.

8.2.

Neither party shall be liable for any delay in or for failure to perform its obligations under these terms if that delay or failure is caused by circumstances beyond the control of that party including, without limitation, fires, strikes, insurrection, riots, embargoes, the failure of any telecommunications or internet services provider or the regulations of any civil or military authority.

8.3.	These terms constitute the entire understanding between the parties in relation to the Platform

8.4.	No variation of these terms shall be valid unless it is in writing and agreed by an authorised representative of each of the parties.

8.5.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms, and nothing in this Agreement shall confer or purport to confer on any third party any benefit or any right to enforce any term of this Agreement or operate to give any third party the right to enforce any of these terms.

8.6.	These terms shall be governed by English law and each party irrevocably submits to the exclusive jurisdiction of the English Courts.