| Houlder Insurance Services Ltd - CONDITIONS OF USE |
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| 1. IMPORTANT LEGAL NOTICE |
| 1.1 ATTENTION: This legal notice applies to the entire contents of the following websites under the domain names www.houldergroup.com (the ‘Website’) and to any correspondence by email between us and you. Please read these Conditions of Use carefully before using the Website. Using the Website indicates that you accept these Conditions of Use regardless of whether or not you choose to register with us. If you do not accept these Conditions of Use, do not use the Website. This notice is issued by Houlder Insurance Services Ltd. |
| 1.2 We may revise this Legal Notice at any time and without actual notice to you. You should check the Website from time to time to review the then current Legal Notice, because it is binding on you. Certain provisions of this Legal Notice may be superceded by expressly designated legal notices or terms located upon particular pages on the Website. |
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| 2. CORPORATE INFORMATION |
2.1 The Website intends to provide information about Houlder Insurance Services Limited and may include without limitation, a description or our products, services and premiums. Should you have any comments regarding these Conditions of Use or any issues in respect of the Website, please contact us by e-mail on general@Houlder.co.uk or write to us at
Houlder Insurance Services Limited:
Cutlers Exchange
123 Houndsditch
London
EC3A 7PQ
Tel: +44 (0)20 7870 4200
Fax: +44 (0)20 7623 9464
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| 2.2 In these Conditions of Use ‘our’, ‘we’, ‘us’, ‘Houlder’ (and their variables) means the following companies together Houlder Insurance Services Limited and Houlder Insurance Services (Special Risks) and ‘you’ means the viewer or user of the Website. |
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| 3. ENGLISH LAW |
| These Conditions of Use shall be governed by and construed in accordance with English Law and any disputes arising in relation thereto will be subject to the exclusive jurisdiction of the English Courts. By accessing or visiting our Website, you expressly waive any and all rights, including those related to privacy, to the extent such rights are different and/or in conflict with those rights protected by English law. If any of the provisions of the Conditions of Use shall be unlawful, void or for any purpose unenforceable the particular provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions or conditions. |
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| 4. ACCESS TO WEBSITE |
| 4.1 For legal reasons the contents of the Website are not intended or directed to persons resident outside of the United Kingdom. Unless otherwise specified, the information and services available in the Website are available only to UK residents (including England, Scotland, Wales Northern Ireland, the Channel Islands and the Isle of Man). We make no representation that any of the information or services referred to or featured on the Website is appropriate for use, or available in other countries and jurisdictions. The information and other materials contained in the Website may not satisfy the laws of any other country. Non UK residents that choose to access the Website are responsible for compliance with local laws, if, and to the extent that local laws are applicable. The phone numbers provided (see Corporate Information) only apply to phone calls made from within the UK. |
| 4.2 You can access most areas of our Website without registering your details with us. However, you should note that certain areas of the Website are only open to you if you register. |
| 4.3 By accessing any part of our Website you shall be deemed to have accepted the Legal Notice in full. If you do not accept the legal Notice you should action this by leaving our Website immediately. |
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| 5. USE OF THE WEBSITE |
| 5.1 Our Website provides the following facilities: |
| 5.1.1 Links to a number of Houlder sub-sites covering each division of the business |
| 5.1.2 Information on products; and |
| 5.1.3 Secure system providing ability to take combined limited liability offshore insurance |
| 5.2 When accessing and making use of any part of the Website you must not: |
| 5.2.1 Exploit by way of distribution, reproduction and/or transmission any information or any other such material contained in this site for commercial purposes resulting in commercial gain without our prior written consent; |
| 5.2.2 Post or transmit any material information or software which is technically harmful (including, without limitation) computer viruses, logic bombs, worms, trojan horses, corrupted data or any other such similar harmful component; |
| 5.2.3 Transmit to or form the Website any material which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world.; |
| 5.2.4 Alter, tamper or interfere with the functioning of the Website or use by others of the Website; |
| 5.2.5 Transmit any unlawful, obscene, indecent, seditious, offensive, pornographic, abusive, harmful, threatening, defamatory, discriminatory, menacing, scandalous, blasphemous or libellous material of any kind; or |
| 5.2.6 Misuse the Website (including without limitation, by hacking) |
| 5.3 Houlder Insurance Services will fully co-operate with any law enforcement authorities or court order requesting or directing Houlder to disclose the identity or locate anyone posting any material in breach of paragraphs 5.2.1 to 5.2.6. |
| 5.4 While Houlder endeavours to ensure that the Website is normally available 24 hours a day, Houlder will not be liable if for any reason the Website is unavailable at any time or for any period. |
| 5.5 Access to the Website may be suspended temporarily and without notice in case of system failure, maintenance, repair or for any reasons beyond the control of Houlder. |
| 5.6 To the fullest extent permitted by law Houlder nor any of its directors, employees or agents will be liable for damages arising out of or in connection with the use of the Website, the information in it o the unavailability of the Website or its content. Further, no warranty is given that the Website shall be available on an uninterrupted basis and no liability can be accepted in respect of losses or damages arising out of such unavailability or inability to use this site or any of its functions or features including in connection with any browsing or downloading of information data text images or graphics. This is a comprehensive limitation of liability that applies to damages of all kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss or damage to property and third party claims. |
| 5.7 Notwithstanding 5.6 above nothing shall exclude or restrict liability for death or personal injury resulting from the negligence of Houlder, its directors, employees or agents. |
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| 6. CONTENT AND INFORMATION |
| 6.1 Nothing on the Website should be construed as a solicitation or offer. The information, services, systems, features, functions and data offered in the Website constitute information only and should under no circumstances be construed interpreted or relied upon as legal, accounting, tax, financial or investment advice or advice on specific facts or matters. We accept no liability for the use or misuse of the information provided. |
| 6.2 The Website may contain material and information submitted and created by third parties. We exclude all liability for any illegality arising from such material or information, or for any error, omission or inaccuracy in such material and or information. |
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| 7. DISCLAIMER |
| 7.1 The material on the Website is provided ‘as is’ without any conditions, warranties or terms of any kind. Whilst we have taken all reasonable steps to ensure that the information contained within the pages of the Website is accurate, current and complies with the relevant legislation and regulations as at the date of issue, no warranty is given and no representation is made regarding the accuracy of or completeness of the content of the Website. Consequently, we accept no liability for any losses or damages (whether direct, indirect, special, consequential or otherwise) arising out of errors or omissions contained in the Website. In addition, no liability can be accepted in respect of losses or damages arising out of changes made to the content of this site by unauthorised third parties. |
| 7.2 You acknowledge that you are solely responsible for the use to which you put this site and all the results and information you obtain from it and that all warranties, conditions, undertakings, representations and terms whether expressed or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law. |
| 7.3 Nothing within these Conditions of Use set out herein shall seek to exclude or limit our liability and our duties and responsibilities under the Financial Service and Markets Act 2000 when in force and all or any subsequent legislation amending or superseding existing legislation regulating the operation of investment or financial business and any associated legislation in the United Kingdom which we are bound to comply with. For the avoidance of doubt nothing in these Conditions of Use shall attempt to exclude the liability of death or personal injury arising from the negligence of our directors or employees. |
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| 8. USE OF YOUR INFORMATION |
| You agree to the use of any personal data that we may hold on you in accordance with the terms of the Privacy Policy. A copy of the Privacy Policy is accessible at any time by clicking on Privacy Policy link above. |
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| 9. COPYRIGHT |
| 9.1 All copyright and other intellectual property rights in any material including but not limited to text, features, functions, layout, graphics, photographs and other images contained in the Website unless otherwise stated are owned by us, our group of companies or has been licenced to us or our group of companies by the right’s owners so that we may use the material to form part of the Website. |
| 9.2 Copying of part or all of the contents of these pages in any form is prohibited except in accordance with the following exceptions: - |
9.2.1 ‘Licence to copy for personal use’ You may print extracts from these pages for your personal use only and not for any commercial gain. |
9.2.2 ‘Licence to recopy for limited purposes’
You may recopy extracts from these pages to individual third parties for their personal use provided material is recopied in complete and unmodified form and only if you acknowledge our Website as the source of the material. You must include such acknowledgement and our Website as the source of the material, and you must inform such third parties that these Conditions of Use shall apply to them and that they must comply with them. |
9.2.3 An acknowledgement must contain the following copyright notice:
“Copyright © 2001 Houlder Insurance Services Limited. All Rights Reserved”. |
| 9.3 This licence to recopy does not permit incorporation of the material or any part of it in any other work or publication whether in hard copy, electronic or any other form, in particular (but without limitation) no part of our Website pages may be distributed or copied for commercial gain or for a fee. No part of the Website may be reproduced on or transmitted to or stored in any other Website or other form of electronic retrieval system unless express written consent in this respect has been given to you by us. |
| 9.4 No part of the Website including literary content, graphics and logos may be modified in any way. |
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| 10. LINKS TO OTHER WEBSITES |
| 10.1 Certain links, including hypertext links (and links within any advertisement banner) will lead you to external websites not under the control of Houlder. Access to any such external websites linked to the Website is at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these websites. Links are provided for convenience and the inclusion of any such links does not constitute a referral, endorsement, approval, or advertising in respect of such website its contents or any of the products and/or services offered by such website. We have no control or responsibility in respect of the content of materials viewable from these websites or actions of the individuals connected with these websites. We therefore encourage you to read the conditions of use and privacy policies of other websites that you visit. |
| 10.2 No person or website may make a link to our website or any part of it without our express written consent. |
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| 11. NOTIFICATION OF CHANGES |
| We reserve the right at any time without notice to revise the contents of the Website including these Conditions of Use. Any changes to these Conditions of Use will be posted on the Website and by continuing to use the Website following any such change, alteration or amendment will signify that you agree to be bound by the revised Conditions of Use. |
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| 12. TRADEMARKS |
| We and our group companies are the owners of the Houlder Insurance name, various Houlder Insurance trademarks, company logos’, titles brand and product names. All other trademarks included on the Website belong to us and/or our group of companies or have been licenced to us or our group of companies by the trade mark owners for use on the Website. You are not permitted to copy trademarks’, company logos’, titles, brand or product names and such use may constitute an infringement of the holders rights unless written consent has been obtained from us or the relevant trademark owner. For contact details in this respect please contact us at the address indicated in the Corporate Information section. |
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| 13. DATABASES |
| 13.1 Houlder are the owners of all electronic databases comprising digital forms of text, graphics, sound or video material displayed on the Website. |
| 13.2 You are not permitted to reproduce, adapt, translate, arrange or make available to any third party, either directly or indirectly, any part of the databases or their contents except as expressly permitted by any mandatory provisions of law. You may not extract or re-utilise the contents of any such databases for any commercial purpose including, but not limited to trading, building commercial databases, reselling or distributing of data. |
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| 14. SUBMISSIONS |
| Unless otherwise provided by law and subject to our Privacy Policy all submissions or transmissions containing feedback, remarks, suggestions, ideas, graphics, data, know-how or questions communicated to us through the Website or through electronic mail will become our property. We will not be liable for the use of any such material submitted or transmitted to us including but not limited to its use through reproduction, distribution, advertising and publication. You acknowledge that you are responsible for whatever material you submit, and you will have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. |
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| 15. YOUR ACCOUNT |
| 15.1 Each registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network. If you use the Website, you are responsible for maintaining the confidentiality of your account and password, and accept responsibility for your account. |
| 15.2 If your personal identifiable information changes, you may update it at anytime. |
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| 16. TRANSFER OF WEBSITE |
| Notwithstanding anything else that has been agreed or represented in these Conditions of Use and our Privacy Policy or otherwise, if the Website is transferred to another provider we may transfer to the new provider any information which we have obtained from you in connection with the Website. |
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| 17. IP ADDRESSES |
| When you visit our Website certain information will be logged automatically so that the server can recognise your IP address (the unique address which identifies your computer on the internet). IP addresses are used to administer, monitor and analyse the Website and may be used to collect general demographic information. Individual users are not identified and the IP addresses are not linked to personal information relating to you. |
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| 18 INDEMNIFICATION |
| You agree to defend, indemnify and hold us , and our officers, directors, employees, agents, licensors and suppliers, harmless from and against any and all claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees resulting from, or alleged to result from your breach of these Conditions of Use or your unauthorised or unlawful use of the Website or its contents. |
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| 19. ACCESS RESTRICTION |
| We reserve the right, using our sole discretion to terminate/restrict your access to this Website at any time and without notice. |
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| 20. FORCE MAJEURE |
| We shall not be liable to you for any breach of conditions of use or any failure to provide or delay in providing our services through our Website resulting from any event or circumstances beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, fire, explosion, accident, insurrection and war. |