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Terms & Conditions

TERMS OF USE (last modified 19th July 2018)

THESE TERMS OF USE (THE “TERMS” or “AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (THE “USER”), AND THE RELEVANT DIRECT OR INDIRECT INSURING SUBSIDIARY OR SUBSIDIARIES OF AXA XL (HEREINAFTER REFERRED TO INDIVIDUALLY OR COLLECTIVELY AS "AXA XL"). This Agreement provides the terms under which you may use online e-business applications provided by AXA XL through this website (the "Site").

AXA XL may amend this Agreement at any time by posting the amended Terms on the Site, and you agree that your use of the Site after such changes will constitute your acceptance of such changes. Changes to this Agreement will not be applied retroactively. For your convenience, the date of last revision is included at the top of this page. If you do not agree with the Terms, you are not permitted to view or otherwise use the Site.

1.ALLOWABLE USES OF THE SITE

You may:

  1. Browse and use the Site for lawful purposes, in compliance with all applicable international, federal, state and local laws and regulations (“Applicable Laws”), using a compatible web browser. Permission to browse the Site includes permission to make transient or cached copies of parts of the Site to the extent that this occurs in the normal course of using your browser and that these copies are used only to facilitate current or subsequent access to the Site by you;
  2. Print a copy of any page of the Site for your own personal, lawful purposes in compliance with all Applicable Laws, provided you do not erase or delete any legends or disclaimers on such materials; and,
  3. Otherwise use the Site in accordance with all Applicable Laws without engaging in any conduct or activities prohibited as set out in these Terms.
2. PROHIBITED USES OF THE SITE
  1. Except as stated in the Agreement, you are not allowed to make copies of any part of the Site, nor distribute, publish, or retransmit any copies.
  2. You may not remove or change, nor attempt to remove or change, any information, notices, software, features, functionality or other content on the Site.
  3. You are not allowed to remove or change any copyright, trademark or other intellectual property right notices nor any other notices or disclaimers contained on the Site or in the original material, or from any material copied or printed from the Site.
  4. You may not access or use the Site in an unlawful manner, nor access any portion of the Site not intended for use by you.
  5. You may not transmit, retransmit, upload or store any information or content in violation of any Applicable Laws including, but not limited to, obscenity, indecency, defamation or infringement of intellectual property rights laws or regulations. Additionally, you may not abuse or fraudulently use the Site, nor allow nor permit such use by others, nor provide false information about you or impersonate another person or entity, nor misrepresent User’s status or affiliation with any other person or entity at any time.
  6. You may not duplicate, publish, modify, distribute, license, publicly display or create derivative works from any content located on the Site, or use any content on the Site for any commercial purpose, unless expressly authorized by these Terms or by AXA XL in writing.
  7. You may not access the Site by any means other than through a commercially available web browser. You further agree that you will not collect any information from or through the Site using any automated means. You will not damage, disable, overburden, or impair the Site or interfere with any other party's use of it.
3. USE OF PERSONAL INFORMATION

You hereby acknowledge and agree that by providing AXA XL with any personal or proprietary User information through the Site, you consent to the transmission of such personal or proprietary User information over international borders if necessary for processing and storage in accordance with AXA XL’s standard business practices. Through your use of the Site you agree that personal information that is provided will be dealt with in accordance with AXA XL’s Privacy Policy which is set out below. If you do not agree with AXA XL’s Privacy Policy, you may not use the Site.

Without limitation of any of the rights granted to AXA XL herein, you acknowledge and agree that AXA XL may preserve and disclose information about you, your policy and transactions made through the Site in accordance with law or where such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce AXA XL’s rights; or (c) protect the rights, property, or personal safety of AXA XL or any individual or the public.

4. TRADEMARKS

Images, logos, names and trademarks on the Site (the “Marks”) are proprietary marks of AXA XL and/or specific third parties. Users are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or websites without the prior written permission of AXA XL or the owner of the relevant Marks.

You hereby acknowledge and agree that all right, title, and interest in and to the Site, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by AXA XL and other third parties.

Unless otherwise agreed in writing nothing on the Site shall be deemed to confer on any person any licence or right to use any such image, logo, name or trademark and any such use may constitute an infringement of the rights of the holder.

5. AVAILABILITY OF SITE

Whilst AXA XL has taken care in the preparation of the Site, certain technical matters may be beyond AXA XL’s control and AXA XL cannot guarantee that you will have uninterrupted or error free access to all of the Site at all times, that defects will be remedied, or that the Site, or the server that makes the Site available, are virus or bug free. Access may be suspended occasionally or restricted at AXA XL’s discretion.

6. OWNERSHIP OF ALL MATERIALS ON THE SITE

AXA XL and other third parties are the owners of all copyright, design, graphical and text arrangements, database rights and other intellectual property rights that exist in the content of the Site unless otherwise stated. You may not commercially exploit, publish, distribute, extract, re-utilise or reproduce any part of the Site in any material form (including photocopying or storing it in any medium by electronic means) or use it in any other way other than in accordance with AXA XL’s permission.

Interference or entry to the Site with intent to corrupt, damage or deny service from the Site or for other commercial benefit shall be taken seriously and AXA XL shall take such action as is necessary to protect the Site from any such activities to protect AXA XL’s intellectual property rights. You acknowledge that damages may not be an adequate remedy for any infringement of such rights by you and that AXA XL is entitled to the remedies of injunction, specific performance, orders to deliver up infringing copies and any other statutory or equitable relief for any threatened or actual infringement.

7. PRODUCT TERMS AND CONDITIONS

A quote provided by the Site does not constitute an offer to sell products and services or confirmation that the product or service is guaranteed to be provided. By clicking on the button marked “Continue” on the “Bind Confirmation” screen, you are requesting confirmation that AXA XL will provide such product or service. Only after such confirmation has been given can you infer that a product or service has or will be provided.

The information and descriptions on the Site do not represent complete descriptions of all terms, conditions and exclusions and the precise cover provided (as applicable) shall be included in the schedule of cover, policy documents and/or conditions of purchase issued to you. If you apply for any product or service detailed on the Site, these conditions of use should be read in conjunction with any other terms and conditions relating to that product or service and, in the event of any contradiction between these conditions of use and the specific product of service terms and conditions, the latter shall prevail.

8. LIMITATION OF LIABILITY

AXA XL IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE. AXA XL MAY CHANGE THE CONTENT ON THE SITE, AND MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE, AT ANY TIME WITHOUT NOTICE.

AXA XL WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR INJURIES THAT ACCOMPANY OR RESULT FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION COMPENSATORY, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SERVICE OR LOST OPPORTUNITY), EVEN IF AXA XL IS AWARE OR HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY: (1) USE OF (OR INABILITY TO USE) THE SITE; (2) USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM THE SITE; (3) FAILURE OF PERFORMANCE; (4) ERROR; (5) OMISSION; (6) INTERRUPTION; (7) DEFECT; (8) DELAY IN OPERATION OR TRANSMISSION; (9) COMPUTER VIRUS; (10) LINE FAILURE; (11) FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G. YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY OTHER EVENTS WHATSOEVER. FURTHERMORE, EXCEPT AS PROVIDED BELOW, AXA XL IS NOT LIABLE EVEN IF AXA XL HAS BEEN NEGLIGENT OR IF AXA XL’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES—OR BOTH.

HOWEVER, WHERE THE LAW MAY NOT ALLOW AXA XL TO LIMIT OR EXCLUDE LIABILITY FOR THESE INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY AND YOU MAY HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. IN ANY EVENT, AXA XL’S LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES AND CLAIMS OF ANY KIND, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY ARE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT OR ANY OTHER LEGAL THEORY, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. SUSPENSION AND TERMINATION OF SERVICE

AXA XL reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate the Terms and/or your ability to access the Site for any reason, including without limitation any breach by you of the Terms or conduct by you that AXA XL determines in its sole and absolute discretion to be inappropriate. You agree that AXA XL shall not be liable to you or any third-party for any such suspension or termination. AXA XL may, at any time and from time to time, modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that AXA XL shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

10. DISCLAIMER

THE MATERIAL ON AXA XL’S SITES IS PROVIDED AS IS. THIS MEANS THAT AXA XL DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE SITES. THIS INCLUDES, BUT ITS NOT LIMITED TO, WARRANTIES THAT: (1) THE MATERIAL IS OF ANY PARTICULAR LEVEL OF QUALITY OR IS FIT FOR A PARTICULAR PURPOSE; (2) THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE; (3) THAT DEFECTS WILL BE CORRECTED; (4) THAT AXA XL’S SITES, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR CONDITIONS; OR (4) THAT INFORMATION CONTAINED IN THE SITES IS ACCURATE AS OF ANY PARTICULAR DATE.

ACCESS TO AND USE OF THIS WEBSITE IS AT THE USER'S OWN RISK AND AXA XL DOES NOT WARRANT THAT THE USE OF THIS WEBSITE OR ANY MATERIAL DOWNLOADED FROM IT WILL NOT CAUSE DAMAGE TO ANY PROPERTY, OR OTHERWISE MINIMIZE OR ELIMINATE THE INHERENT RISKS OF THE INTERNET INCLUDING BUT NOT LIMITED TO LOSS OF DATA, COMPUTER VIRUS INFECTION, SPYWARE, MALICIOUS SOFTWARE, TROJANS AND WORMS. ALSO, AXA XL ACCEPTS NO LIABILITY IN RESPECT OF LOSSES OR DAMAGES ARISING OUT OF CHANGES MADE TO THE CONTENT OF THIS WEBSITE BY UNAUTHORIZED THIRD PARTIES.

YOU MUST NOT USE THE SITE IN ANY WAY THAT CAUSES OR IS LIKELY TO CAUSE ACCESS TO BE INTERRUPTED, OR IMPAIRED IN ANY WAY AND YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR ELECTRONIC COMMUNICATIONS SENT FROM YOUR COMPUTER.

11. WAIVER

If you breach these terms of use and AXA XL does not take immediate action against you AXA XL is still entitled to enforce its rights and remedies in respect of any such breach or any subsequent breach.

12. PRIVACY POLICY

AXA XL is committed to protecting your personal information and other data provided to us via the Site, or via any AXA XL online e-business applications (collectively "AXA XL Applications"). Please read this Privacy Policy carefully as it contains important information about the use of information which you provide to us. This Privacy Policy explains what information AXA XL collects about you, and how we collect and use your information, including setting out the circumstances where we could provide it to third parties.

  1. WHAT INFORMATION DO WE COLLECT AND WHAT DO WE DO WITH IT

    1. To take advantage of some of our services you may be required to log on or register. We need to collect information about you and your computer to enable you to do so and to enable you to continue using the AXA XL Applications. We may use your IP address to help diagnose problems with our server and to administer our AXA XL Applications. The information will be collected when you register, or when you choose to use one of the services available via the AXA XL Applications.
    2. We may use the information which we collect to personalize your experience on the AXA XL Applications, to help you log on in the future and to continue to use the AXA XL Applications, and to help us select services or materials for inclusion on the AXA XL Applications which may be of interest to you. We may need to pass your information to third parties who help us to maintain, administer or develop the AXA XL Applications but, if so, that information is only given to those third parties for that limited purpose.
    3. We also may monitor traffic patterns and usage of our AXA XL Applications to help us improve our AXA XL Applications designs and lay out. We may pass this information to our partners or other third parties but it will not contain any personally identifying information.
    4. AXA XL reserves the right to access and disclose personal data or information to comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself or its users.

  2. OUR PRIVACY PROMISE

    Your privacy and the confidentiality of your business records are important to us. Information and the analysis of information is essential to the business of insurance and critical to our ability to provide to you excellent, cost-effective service and products. We understand that gaining and keeping your trust depends upon the security and integrity of our records concerning you. Accordingly, we promise that:

    1. We will follow strict standards of security and confidentiality to protect any information you share with us or information that we receive about you;
    2. We will verify and exchange information regarding your credit and financial status only for the purposes of policy administration, and only with reputable references and clearinghouse services;
    3. We will not collect and use information about you and your business other than the minimum amount of information necessary to advise you about and deliver to you excellent service and products and to administer our business;
    4. We will train our employees to handle information about you or your business in a secure and confidential manner and only permit employees authorized to use such information to have access to such information;
    5. We will not disclose information about you or your business to any organization outside AXA XL or to third party service providers unless we disclose to you our intent to do so or we are required to do so by law. In accordance with this clause, we hereby give you notice that by virtue of being the provider of the AXA XL Applications, Wildnet Group Limited will have access to data that you input into the system. However, AXA XL has entered into confidentiality agreements with Wildnet in order to prevent further disclosure by Wildnet Group Limited;
    6. We will attempt, with your help, to keep our records regarding you and your business complete and accurate, and will advise you how and where to access your account information (unless prohibited by law), and will advise you how to correct errors or make changes to that information; and
    7. We will audit and assess our operations, personnel and third party service providers to assure that your privacy is respected.

  3. YOUR CONSENT

    You acknowledge and agree that:

    1. in the course of registering and using these AXA XL Applications and any services offered via these AXA XL Applications, certain information about you may be captured electronically or otherwise and transmitted to AXA XL or and, potentially, to any third parties as set out above or to third parties who host our web servers or assist us in maintaining these AXA XL Applications; and
    2. by using these AXA XL Applications, you expressly agree to the collection and use of your information as set out above for the purposes set out in this Privacy Policy.

  4. D. OUR RESPONSIBILITIES - HOW DOES AXA XL PROTECT USER INFORMATION?

    1. Certain areas of the AXA XL Applications where transactions are entered into, reviewed or transmitted are password protected. You can help to preserve your privacy by never sharing your password with anyone else.
    2. We seek to limit our employees' access to your information about you to those employees who need to have such information to service your account. We emphasize to our employees the confidential nature of user information and the high level of importance which AXA XL places on maintaining this confidentiality. Furthermore, any companies we hire to provide support services must comply with our privacy policies.

  5. WHAT ARE 'COOKIES' AND HOW DO WE USE THEM?

    1. We may conduct analyses of user traffic. These analyses will be performed through the use of IP addresses and cookies which are required to ensure a secure server connection.
    2. A cookie is a piece of information that is stored on your computer's hard drive by your web browser. On visiting the AXA XL Applications, your computer server may use the cookie to guarantee a secure connection. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may not be able to use our AXA XL Applications.

  6. THE RIGHT TO CHANGE THE PRIVACY POLICY

    We reserve the right to add to or change this Privacy Policy at our sole discretion, without prior notice to you. If we change this Privacy Policy, we will post the new Privacy Policy on the AXA XL Applications, and it will become effective from the time of posting to the AXA XL Applications. Please visit this Privacy Policy on a regular basis to make sure you have read the latest version and you understand what we do with your information

13. FEEDBACK

If you have any queries or problems with regard to these Terms, or the Privacy Policy or the uses to which we put your information, please e-mail webhelp@axaxl.com