BROKER PORTAL TERMS AND CONDITIONS OF USE
Our site is operated by Provego Limited (we, our, us) and access to the Portal is provided by us. We are registered in England & Wales under company number 09366935, and are an appointed representative of Barbarus Limited who are authorised and regulated by the Financial Conduct Authority under Firm Reference Number 617848. Our trading address is Lasyard House, Underhill Street, Bridgnorth, Shropshire WV16 4BB.
By accessing this site you will be deemed to have accepted these terms and conditions in full. Access to both our site and the Portal is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through our site without notice. We will not be liable if for any reason our site or the Portal is unavailable at any time or for any period.
From time to time, we may restrict or prohibit access to our site or the Portal to a visitor or a user.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you are treated as a registered user (user) and must treat such user information as confidential, and you must not disclose your user identification code or password to any other person whether in the same company or otherwise. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time.
When using our site and the Portal, you must comply with the terms of acceptable use as set out below.
You are responsible for making all arrangements necessary for you to have access to our site and the Portal.
We are the owner or the licensee of all intellectual property rights in our site and in the Portal, and in the material published on it including the Provego name and logo and the Websure logo. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
For each contract of insurance concluded through the Portal or as a result of visits made by you to the site you may print off one copy of the policy wording for each prospective insured (proposer) for each contract of insurance. You may print off and download material and information from any page(s) or documents from our site or the Portal including the eProp and keyfacts for purposes of your records, to draw to the attention of others within your organisation or to provide to the proposer.
The paper or digital copies of any documents you have printed off or downloaded in any way must not be altered or edited in any way. If appropriate, any policy wording may be issued on your stationary, or the stationary of the firm on whose behalf you act provided its contents are unaltered and its origin acknowledged.
Unless otherwise agreed in writing our status and that of any identified contributors as the authors of material and information on and downloaded from our site or the Portal must always be acknowledged.
You must not use any part of the material or information or any documents on our site or the Portal for commercial purposes without obtaining a licence to do so from us or our licensors. You are deemed to have obtained a licence which permits you to use in accordance with these terms and conditions material or information or any documents on our site and the Portal for commercial purposes when we provide you with a user identification code and password.
You may use our site and the Portal only for lawful purposes. You may not use our site and the Portal:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, download, use or re-use any material or information or documents, or upload any material or information or documents (Contributions), which do not comply with the terms of content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or information or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material or documents that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Unless otherwise agreed in writing, you agree not to reproduce, duplicate, copy or re-sell any part of our site or the Portal in contravention of the provisions of these terms and conditions, and not to access without authority, interfere with, damage or disrupt:
- any part of our site or the Portal;
- any equipment or network on which our site or the Portal is stored;
- any software used in the provision of our site or the Portal; or,
- any equipment or network or software owned or used by any third party.
If you print off, copy or download any part of our site or the Portal in breach of these terms and conditions, your right to use our site and the Portal will cease immediately and to the extent permitted by law you must, at our option, return or destroy any paper or digital copies of documents you have printed off or downloaded in any way.
RELIANCE ON INFORMATION
Commentary and other information and material and Documents on our site and the Portal are not intended to amount to advice on which reliance should be placed by a visitor or a user. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site or the Portal, or user or by anyone who may be informed of any of its contents.
Contributions uploaded onto our site and the Portal must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with any other agreement in place between us and you.
- Comply with applicable law in the UK and in any country from which they are uploaded.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
OUR SITE AND THE PORTAL MAY CHANGE REGULARLY
We aim to update our site and the Portal regularly, and may change the content at any time. If the need arises, we may suspend access to our site or the Portal, or close it indefinitely.
Where the information and material displayed on our site or the Portal is affected by Contributions such information and material is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of the group of companies of which we form part (the Group), insurers and any third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any visitor or user in connection with our site and the Portal or in connection with the use, inability to use, or results of the use of our site and the Portal, any websites linked to it and any materials posted on it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and,
- whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND THE PORTAL
We process information about you, other employees or agents of the firm on whose behalf you act and the proposer in accordance with clause 9 (Data Protection) of the LMA/LIIBA Model Non Risk Transfer TOBA 2011 (the TOBA) as entered into between you or the firm on whose behalf you act and us. By using our site and the Portal, you consent to such processing and you warrant that all data provided by you and the proposer is accurate.
TRANSACTIONS CONCLUDED THROUGH THE PORTAL
Contracts of insurance concluded through the Portal or as a result of visits made by you to our site are governed by the TOBA and should there be any conflict between these terms and conditions and the TOBA, the TOBA shall prevail. You are responsible for deciding whether any contract of insurance whether concluded through the Portal or as a result of visits made by you to our site is suitable for the proposer.
All quotations given through this site or as a result of visits to this site are an indication of what the premium is likely to be and is based on the information provided about the proposer (Quote Indication). The Quote Indication can vary at any time, and for the avoidance of doubt the proposal has not been accepted and the proposer will not be insured until you receive confirmation from us that insurance is in force, whether it be via our site or the Portal, or by email, telephone or post. Once the proposal has been accepted and the contract of insurance has been concluded we will notify you promptly of the occurrence of the same whether it be via our site or the Portal, email, telephone or post.
You, and if applicable the proposer, are responsible for the provision of all relevant information about the proposer, all of which information must be included in the eProp or any other proposal form that you are required to submit. If you fail to disclose any relevant information about the proposer or fail to comply with the content standards, this may invalidate the insurance policy and the insurers may avoid cover. For the avoidance of doubt we, other members of the Group, insurers and any third parties connected to us have no responsibility for, or accuracy of, the eProp or any other proposal form you are required to submit, and will not be responsible, or liable to you, the proposer or any third party, for the consequences of any such failure.
We retain the sole discretion to bind contracts of insurance proposed through our site and the Portal or as a result of visits made by you to the site. If the automated process provided through the Portal has rejected the proposal you may be referred to an employee of us. Cover may still be available by contacting us by email, telephone or post quoting your unique Quote ID.
UPLOADING MATERIAL OR INFORMATION
Whenever you make use of a feature that allows Contributions, you must comply with the content standards. You warrant that any Contribution complies with those standards, and you indemnify will indemnify us for any breach of that warranty.
We will treat information received from you relating to this Agreement and to a contract of insurance as confidential and will not disclose it to any other person not entitled to receive such information except as may be necessary to fulfil our obligations in concluding contracts of insurance and required under the TOBA and except as may be required by law or regulatory authority. For the avoidance of doubt we shall be entitled to disclose such information where necessary to insurers or reinsurers, actuaries, auditors, professional agents and advisers, any third party who is claiming that any Contribution constitutes a violation of their intellectual property rights, or of their right to privacy and the Group. This clause will not apply to information which was rightfully in our possession prior to you disclosing the same, which is already public knowledge or becomes so at a future date (otherwise than in breach of these terms and conditions) or which is trivial or obvious.
We will not be responsible, or liable to any third party, for the content or accuracy of any Contribution.
We have the right to remove any Contribution if, in our opinion, such Contribution does not comply with the content standards.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or the Portal or to your downloading of any material or information, or on any website linked to it.
LINKING TO OUR SITE AND THE PORTAL
You may link to our home page at www.provego.co.uk, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Neither our site nor the Portal may be framed on any other site, nor may you create a link to any part of our site or the Portal other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the terms of the content standards.
If you wish to make any use of material on our site and the Portal other than that set out above, please address your request to firstname.lastname@example.org.
LINKS FROM OUR SITE OR THE PORTAL
Where our site or the Portal contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site or the Portal although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If you have any concerns about material or information or documents which appear on our site or the Portal, please contact us by email at email@example.com by telephone on +44 (0) 1746 250026 or write to us at Lasyard House, Underhill Street, Bridgnorth, Shropshire WV16 4BB.