- The terms and conditions of this agreement (the "Agreement") establish the rules and regulations that apply to access to and use of the www.tepfin.com web site (the "Site") by an organisation (the "User"). The Site offers the User the possibility to source, price and reserve credit and political risk insurance capacity and to source non-binding indications from certain insurance companies and Lloyd's underwriters (each an "Insurer").
- By using this Site the User is deemed to have accepted this Agreement in its entirety and agrees to use the Site in accordance with this Agreement.
- The site is owned and operated by RKH Specialty ("RKHSL").
- Registration and Rights of Utilisation of the Site
- The User will provide RKHSL with the first and last name and e-mail address relating to those of its employees whom RKHSL has approved in writing will be permitted to access and use the Site. Following receipt of such details, RKHSL shall provide the User with details of its usernames and passwords for use via the Site.
- Following receipt of its usernames and passwords in accordance with clause 2.1 above, the User may access and use the services provided on the Site.
- Use of the Site is provided free of charge to the User.
- As applicable, the User agrees to use the site on the understanding that it has exclusively appointed RKHSL as its "Broker of Record" (where the User is not an insurance intermediary) or "London Placing Broker" (where the User is an insurance intermediary or where the User is not an insurance intermediary and has appointed a producing insurance intermediary) on each specific insurance transaction that it sources through this site. RKHSL shall remain the User's "Broker of Record" or "London Placing Broker", as applicable, until such time as the User may withdraw such appointment in writing to RKHSL.
- RKHSL reserves the right, at any time and without prior notice or reason, to reject, suspend or cancel the User's registration, and its access, to the Site and terminate this Agreement. In the event that such rejection, suspension, cancellation or termination occurs, RKHSL shall not be liable to the User in any way whatsoever for such rejection, suspension, cancellation or termination.
- User IDs and Passwords
- The User is solely responsible in all respects for all use of and for protecting the confidentiality of all usernames and passwords which may be given to the User by RKHSL or selected by the User for use via the Site. The User may instruct RKHSL in writing to access the Site via one of the User's usernames and passwords and to execute the User's written instructions on its behalf. It is agreed and understood that in doing so RKHSL is not acting as the User's agent and has no authority to act on its behalf in connection with the Agreement other than solely to execute such express written instructions. The User is fully responsible for all activities which occur under such usernames and passwords. The User may not share these with or transfer them to any third parties. The User must immediately notify RKHSL of any unauthorised use of them or any other breach of security regarding the Site.
- When an individual employee of the User leaves its employment or is otherwise no longer to be granted access to the Site, the User shall notify RKHSL immediately in writing so that RKHSL can disable and/or re-assign the corresponding username and password.
- Where the User is not an insurance intermediary, the User may request RKHSL to provide view only access of the User's TEPFIN account to its agent (the "Agent") and notwithstanding anything within Clause 3.1 to the contrary to permit the User to disclose its usernames and passwords to the Agent for the purpose of the Agent using the Site on behalf of the User. RKHSL may consent to the User's request subject to the User providing a copy of the Agreement to the Agent and procuring a written undertaking from the Agent that it shall comply with the terms of the Agreement to the fullest extent applicable to the Agent's use of the Site, and the User indemnifying and holding RKHSL harmless against any reasonable claims, demands, actions, proceedings, adjudications, awards, determinations, judgments, losses, damages or expenses howsoever arising under the terms of this Agreement which RKHSL may incur or become liable for which are attributable to any actual or any alleged act, error or omission of the Agent in using the Site.
- RKHSL is providing the Site on an "as is" and "as available" basis and makes no representations or warranties of any kind with respect to the Site or the content contained in the Site (including any text, graphics, advertisements, links or other items) and disclaims all such representations and warranties. In addition, RKHSL does not warrant that use of the Site will be free from viruses, uninterrupted, error-free or secure. Use of the Site and the services available via the Site are entirely at the User's own risk.
- RKHSL distributes on the Site (it does not produce) certain content contributed by Insurers. RKHSL does not have any editorial control over such content available through the Site and all such opinions, statements, advice, services, offers or other information available through the Site are provided by the applicable Insurers, not RKHSL, and RKHSL shall not be liable in any way for the acts or omissions of the Insurers. Accordingly, neither RKHSL nor any other contributor to the Site (including, without limitation, any Insurer) makes any representation or gives any warranty, condition, undertaking or term either express or implied as to the condition, quality, performance, suitability, fitness for purpose, or completeness of the content contained on the Site or that such content will be accurate and up to date.
- The User acknowledges that it is solely responsible for the use to which it puts the Site and all the results and information it obtains from it. As such RKHSL takes no responsibility whatsoever for the use and performance of the Site and/or for any information obtained from it.
- Save in respect of liability for death or personal injury arising out of negligence, RKHSL and all contributors to the Site (including without limitation, any Insurer) hereby disclaim and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever and howsoever incurred including any consequential, special, secondary or indirect loss or damage or any damage to goodwill or profits or any loss of anticipated savings incurred by the User, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with the User's access to or use of or inability to use the Site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure even if RKHSL or its employees or agents are advised of the possibility of such damages, losses or expenses.
- All products and services that appear on the Site are subject to availability and RKHSL gives no guarantee in this regard. The provision of details of products and services on the Site are not, and should not be construed as, an offer to sell or buy such products or services by the relevant Insurer. The Insurer advertising the products or services concerned may accept or reject the User's offer at its sole discretion.
- Whilst RKHSL takes care to ensure that the standard of the Site remains high and to maintain the continuity of it, the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, RKHSL does not accept any ongoing obligation or responsibility to operate the Site (or any particular part of it).
- Variation of Content
- RKHSL reserves the right in its absolute discretion at any time and without notice to remove, amend or vary any of the content which appears on any page of the Site.
- Any price indications or capacity offered by the User from an Insurer on or through the Site shall be non-binding price indications/capacity, are subject to change without notice and may be withdrawn by the Insurer at any time.
- Placing Orders/Reservations on the Site
- If the User applies for any product or service detailed on the Site the terms of this Agreement should be read in conjunction with any other terms and conditions which relate to any such product or service and, in the event of any contradiction between this Agreement and the specific terms and conditions relating to such product or service, the latter shall prevail.
- All orders or reservations placed with an Insurer by the User via the Site which progress to contract shall be subsequently processed and executed by RKHSL using a client's TEPFIN facility (Market Reform Contract), subject to RKHSL's current Commercial Client Agreement or current Commercial Client Intermediary Agreement, as applicable, and placed by RKHSL with the TEPFIN participating Insurers, except where otherwise agreed by all parties to the transaction. For the avoidance of doubt, RKHSL's current Commercial Client Agreement shall apply when the User is not an insurance intermediary. RKHSL's current Commercial Client Intermediary Agreement shall apply when the User is an insurance intermediary or when the User has appointed a producing insurance intermediary.
- Use of Content
- The User shall use the content on the Site solely for its lawful business purposes, in compliance with this Agreement and any restrictions imposed by a third party contributor (including without limitation, any Insurer) and all applicable local, state and national laws and regulations. In no event is the User permitted to publish, re-transmit, re-distribute or otherwise reproduce any of the content which appears on any page of the Site in any format to any third party.
- The User acknowledges that all intellectual property rights in all materials in the Site and any copies remain the property of RKHSL or the relevant third party proprietor, licensor or other content owner.
- All information and material submitted by the User to the Site (the "User Information") shall be deemed and remain the property of the User. RKHSL shall treat the User Information as confidential and may not use it for any purpose other than providing the services that the User has specifically requested under this Agreement. Upon the User's written request, RKHSL shall promptly return to the User all documents and materials that contain or reflect any User Information or any copies thereof which are in RKHSL's possession or control and permanently erase the User Information from any computer, word processor, mobile telecommunications device or similar device into which it was programmed by or on behalf of RKHSL.
- It is acknowledged and agreed by the User that the obligation by RKHSL to return to the User all documents and materials that contain or reflect any User Information does not apply to any such documents and materials in the event that the User Information contained or reflected in such documents and materials has been submitted in connection with a specific insurance transaction that has been sourced through the Site and subsequently entered into by the User and an Insurer.
All design, text, graphics and the selection or arrangement thereof in the pages of the Site and the screens displaying the pages of the Site are the copyright of RKHSL unless otherwise indicated.
The trade marks, logos and services marks ("Marks") displayed on the Site are the property of RKHSL or other third parties. The User is not permitted to use these Marks without the prior written consent of RKHSL or the relevant third party proprietor of the Marks and the User acknowledges that any such use may constitute an infringement of the relevant proprietor's rights.
The Site may contain links to third party web sites. Access to any other web site linked to the Site is at the User's own risk and RKHSL is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on any such third party web site or the security of any link or communication with such sites. RKHSL reserves the right to terminate a link to a third party site at any time. The fact that RKHSL provides a link to a third party web site does not mean that RKHSL endorses, authorises or sponsors that web site nor does it mean that RKHSL is affiliated with the third party web site's owners or sponsors. RKHSL provides these links merely as a convenience for those using the Site.
- Privacy of Personal Data
RKH Specialty will take all reasonable steps to ensure that any information you provide via e-mail and / or via the Site is kept secure‚ but please remember that‚ because of the nature of the Internet‚ the security of emails cannot be guaranteed. Consequently, your privacy of your data in such email correspondence cannot be guaranteed. There is no guarantee that any emails that you send to us will be received by us.
RKHSL may revise this Agreement by updating this posting. Any such modifications shall become effective immediately.
- No breach of any provision of this Agreement shall be waived or discharged except with the express written consent of the parties.
- No failure or delay by a party to exercise any of its rights under this Agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right.
RKHSL may assign the benefit of the User's obligations under this Agreement to any third party without the User's consent, in which event the parties shall, if RKHSL so requests in writing, also novate this Agreement in favour of the assignee and shall execute a novation deed in terms to be agreed between them.
If any provision of this Agreement is or becomes for any reason whatsoever invalid, illegal or unenforceable it shall be divisible from this Agreement and shall be deemed to be deleted from it and the validity of the remaining provisions shall not be affected in any way.
Notices shall be deemed to be served in the case of RKHSL communicating with the User, when RKHSL sends an e-mail to the e-mail address specified by the User during the registration process and in the case of the User communicating with RKHSL when delivered or posted to RKHSL's offices at One Creechurch Place, London EC3A 5AF for the attention of the Managing Director.
- Rights of Third Parties
Save for any rights or benefits expressly conferred on RKHSL, its affiliates or any of RKHSL's contributors to the Site under this Agreement, nothing in this Agreement confers or purports to confer on any third party any benefit or right to enforce any term of this Agreement and the provisions of the Contracts (Rights of Third Parties) Act 1999 (as amended or modified from time to time) are expressly excluded.
- Governing Law
- RKHSL makes no representation that the content or materials on the Site are appropriate or available for use in other jurisdictions outside of the United Kingdom. Access to the Site's content or its materials from jurisdictions where such access is illegal is prohibited. If the User chooses to access the Site from other jurisdictions, the User does so at its own initiative and risk and the User is responsible for compliance with all relevant local laws.
- This Agreement and any dispute or claim whatsoever relating to its formation shall be governed by and interpreted in accordance with English law and the parties irrevocably agree that the English courts shall have exclusive jurisdiction.