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Chubb European Group Plc, part of the Chubb group of companies: Terms of Use of Eduvia Online

If you are not a broker , you are deemed to have accepted the following terms by your use of Eduvia Online:
This Eduvia Online Agreement (“Agreement”) is made on the Commencement Date BETWEEN: (1) Chubb European Group Plc, part of the Chubb group of companies (“CHUBB”) (2) “You” (or “Your”), acting on behalf of a prospective Insurance Policy holder, to whom, along with any Authorised Users, access to Eduvia Online has been permitted by CHUBB; together the “Parties”. RECITALS:
  • (A) CHUBB is authorised by the Financial Conduct Authority to undertake general insurance business in the United Kingdom. CHUBB has developed and operates an online internet-based electronic trading platform known as "Eduvia Online" through which prospective Insurance Policy holders may arrange and administer Insurance Policies ("Eduvia Online").
  • (B) CHUBB has granted You access to Eduvia Online, either directly or via a Software Partner, for the purpose of placing insurance with CHUBB for its clients and in each case on the terms and conditions set out in this Agreement.
  • (C) The Parties have agreed that they will conduct business through Eduvia Online on the terms and conditions set out in this Agreement.
IT IS AGREED as follows: 1 DEFINITIONS AND INTERPRETATION
  • 1.1 In these Terms the following expressions have the following meanings:
    • "Authorised User" means anyone authorised by You who has access to Eduvia Online either: (i) directly and to whom a Password has been issued; or (ii) through a Software Partner;
    • "Commencement Date" means the date on which You accept the terms of this Agreement;
    • "Insurance Policy" means any contract of insurance which is underwritten by CHUBB and obtained by You through Eduvia Online or any endorsement or amendment to such a contract;
    • "Passwords" means any set of unique user names and/or codes provided by CHUBB to You to enable You and your Authorised Users to access Eduvia Online directly; and
    • “Software Partners” means Media Maker (or such other partners as amended from time to time by CHUBB) that CHUBB and/or You have contracted with for the purpose of providing a software tool allowing You to have access to Eduvia Online.
  • 2 SCOPE
    • This Agreement sets out the terms of Your use of Eduvia Online and will apply from the Commencement Date.
  • 3 CONSIDERATION
    • 3.1 In consideration for CHUBB agreeing to allow You access to Eduvia Online, either directly or through a Software Partner, You agree to use Eduvia Online solely as permitted by this Agreement for arranging and administering Insurance Policies on behalf of the prospective or actual Insurance Policy holder.
    • 3.2 The Parties agree that Insurance Policies may be validly bound electronically through Eduvia Online.
  • 4 EDUVIA ONLINE ACCESS
    • 4.1 CHUBB shall, at its discretion, either:
    • 4.1.1 provide You with the appropriate number of Passwords to allow You and Your Authorised Users to access Eduvia Online directly; or
    • 4.1.2 provide access to Eduvia Online via a Software Partner, in each case to enable You to use Eduvia Online solely as permitted by this Agreement.
    • 4.2 In providing Passwords to You or access via a Software Partner CHUBB grants You a limited, non-assignable licence to use Eduvia Online on the terms of this Agreement until this Agreement is terminated. Save with CHUBB's prior written consent on each and every occasion, You shall not disclose a Password to any person other than an Authorised User or permit Eduvia Online to be used by any person other than an Authorised User. You shall ensure that proper procedures are in place so that only Authorised Users shall have access to Eduvia Online.
    • 4.3 You shall ensure that all Passwords issued to Authorised Users shall be maintained securely and confidentially. You shall be responsible for and shall immediately take steps to instruct CHUBB to deactivate any passwords of persons who should no longer have access to Eduvia Online and of any persons who had access to Eduvia Online whose employment or service has been terminated.
    • 4.4 You shall inform CHUBB immediately if You become aware of any unauthorised use or disclosure or loss or theft of any of the Passwords.
    • 4.5 It is Your responsibility to ensure that You have the appropriate hardware, software and virus protection to enable You to use Eduvia Online safely and securely.
  • 5 USE OF EDUVIA ONLINE
    • 5.1 You shall not (and shall ensure that none of Your Authorised Users or any of Your employees, agents, contractors):
    • 5.1.1 use Eduvia Online or any information obtained from it for any purpose other than the arranging and/or administration of Insurance Policies in accordance with this Agreement;
    • 5.1.2 use Eduvia Online in any way that disrupts, interferes with or restricts the use of Eduvia Online by CHUBB or by any authorised third party user, or access or attempt to access unauthorised areas of Eduvia Online, or probe, scan or test the vulnerability of Eduvia Online, or use any devices, software or routine to interfere with the proper working of Eduvia Online; and
    • 5.1.3 reverse engineer, decompile, copy, distribute, disseminate, sub-licence, modify, translate or adapt any software or other code or scripts relating to Eduvia Online or knowingly post or transmit any information that contains a virus, worm, Trojan horse or other harmful or disruptive components to Eduvia Online.
  • 6 PROVISION OF INFORMATION
    • You shall ensure that all material provided to Eduvia Online (including by Your Authorised Users, employees, agents, contractors, and/or any person having access to Eduvia Online) is, to the best of Your knowledge and belief accurate, complete, and up-to-date and contains nothing offensive, defamatory or unlawful or which is in breach of the rights of any third party.
  • 7 SUSPENSION / DISABLEMENT OF EDUVIA ONLINE
    • CHUBB may suspend the operation of or make changes to Eduvia Online or disable Your access to Eduvia Online at any time without notice for any reason.
  • 8 ARRANGING INSURANCE POLICIES ON EDUVIA ONLINE
    • 8.1 Each quotation for an Insurance Policy provided by CHUBB shall only be capable of acceptance by You where You have confirmed that the information that You have provided in respect of the Insurance Policy is correct to the best of Your knowledge and belief and that the details about the policyholder returned by Eduvia Online following Your entry of data are correct.
    • 8.2 Where You wish to accept a quotation for an Insurance Policy through Eduvia Online, You shall indicate to CHUBB that You wish for CHUBB to bind the Insurance Policy. The Insurance Policy shall not be concluded or bound until You are either notified by CHUBB via email confirming that CHUBB has bound the Insurance Policy in accordance with Your request or if You have access to Eduvia Online via the Software Partner, You will be advised by the Software Partner’s software tool that the risk status has changed from quoted to bound and the policy documentation is available for viewing.
  • 9 TERMINATION
    • 9.1 Either Party may terminate this Agreement at any time and without liability to the other Party:
    • 9.1.1 by the Parties at any time by mutual agreement;
    • 9.1.2 on 30 days' written notice to the other Party; or
    • 9.1.3 immediately upon written notice to the other Party if the other Party commits any material or persistent breach of any of the provisions of this Agreement and, in the case of a breach which is capable of remedy, fails to remedy the same within seven days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied.
  • 10 CONSEQUENCES OF TERMINATION
    • 10.1 On termination of this Agreement, the licence granted to You pursuant to clause 4.2 will automatically terminate.
    • 10.2 The termination of this Agreement for whatever reason shall not affect any provision of this Agreement, or any provision of any Insurance Policy which is required to survive or operate in the event of termination of this Agreement and shall not prejudice or affect the rights of either Party against the other Party in respect of any breach of this Agreement or in respect of any monies payable by either Party to the other Party in relation to any period prior to its termination.
  • 11 LIMITATION OF LIABILITY
    • 11.1 Save as set out in this Agreement, CHUBB makes no representations, and so far as is permitted by law, excludes all warranties, conditions and guarantees, express or implied, whether oral or in writing, regarding:
    • 11.1.1 the accuracy or completeness of information contained or acquired through Eduvia Online;
    • 11.1.2 the quality and performance of Eduvia Online and that it is virus-free and error-free; and
    • 11.1.3 that Eduvia Online will be available on an uninterrupted basis.
    • 11.2 To the extent permitted by applicable law, the total liability of CHUBB arising from or in connection with Your use of Eduvia Online pursuant to the terms of this Agreement shall be limited to £1,000.
    • 11.3 The provisions of this clause 11 shall continue to apply notwithstanding the termination or expiry of this Agreement.
  • 12 INDEMNITY
    • 12.1 You shall indemnify CHUBB on demand against all and any proven, foreseeable and fully mitigated losses, damages, liabilities, claims, actions, proceedings, costs or expenses incurred by CHUBB arising out of:
    • 12.1.1 any claim made against CHUBB by any third party arising from Your breach of the terms of this Agreement;
    • 12.1.2 any breach of clause 4 of this Agreement; or
    • 12.1.3 any breach of clause 5 of this Agreement.
  • 13 GOVERNING LAW AND JURISDICTION
    • 13.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the Parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
If you are a broker, you are deemed to have accepted the following terms by your use of Eduvia Online:
This Eduvia Online Agreement (“Agreement”) is made on the Commencement Date BETWEEN: (1) Chubb European Group Plc, part of the Chubb group of companies (“CHUBB”) (2) You (the “Broker”) a company incorporated in England and Wales to which login details for Eduvia Online have been provided by CHUBB and for which there is already an existing and current Terms of Business Agreement ("TOBA") in place with CHUBB; together the “Parties”. RECITALS:
  • (A) CHUBB is authorised by the Financial Conduct Authority to undertake general insurance business in the United Kingdom. CHUBB has developed and operates an online internet-based electronic trading platform known as "Eduvia Online" through which brokers may place insurance cover for binding by CHUBB on behalf of their clients and customers may arrange and administer Insurance Policies ("Eduvia Online").
  • (B) The Broker is authorised by the Financial Conduct Authority to conduct insurance mediation activities in the United Kingdom.
  • (C) CHUBB and the Broker have a TOBA setting out the terms and conditions on which the Broker places insurance business with CHUBB generally.
  • (D) CHUBB has agreed to allow the Broker access to Eduvia Online, either directly or via a Software Partner, for the purpose of placing insurance with CHUBB for its clients and in each case on the terms and conditions set out in this Agreement.
  • (E) The Parties agree that they will conduct business through Eduvia Online on the terms and conditions set out in this Agreement, which are additional to the existing terms and conditions of the TOBA.
IT IS AGREED as follows: 1 DEFINITIONS AND INTERPRETATION
  • 1.1 In these Terms the following expressions have the following meanings:
    • "Authorised User" means an employee of the Broker authorised by the Broker who has access to Eduvia Online either: (i) directly and to whom a Password has been issued; or (ii) through a Software Partner;
    • "Commencement Date" means the date on which the Broker accepts the terms of this Agreement;
    • "Insurance Policy" means any contract of insurance falling within the definition of "contract of insurance" in Article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (as may be amended) which is underwritten by CHUBB and arranged by the Broker through Eduvia Online or any endorsement or amendment to such a contract;
    • "Passwords" means any set of unique user names and/or codes provided by CHUBB to the Broker to enable the Broker's employees to access Eduvia Online directly; and
    • “Software Partners” means Media Maker (or such other partners as amended from time to time by CHUBB) that CHUBB and the Broker have contracted with for the purpose of providing a software tool allowing Intermediaries to have access to Eduvia Online.
  • 2 SCOPE
    • 2.1 This Agreement is subject to the terms of the TOBA. If there is any conflict between the TOBA and this Agreement with respect of use of Eduvia Online, then the latter shall prevail. This Agreement shall apply from the Commencement Date.
  • 3 CONSIDERATION
    • 3.1 In consideration for CHUBB agreeing to allow the Broker access to Eduvia Online, either directly or through a Software Partner, the Broker agrees to use Eduvia Online solely as permitted by this Agreement for arranging and administering Insurance Policies on behalf of the Broker's clients.
    • 3.2 The Parties further agree that Insurance Policies may be validly bound electronically through the use of Eduvia Online and waive any rights they may have to bring an action, claim or proceedings declaring or to raise as a defence to an action, claim or proceedings, the invalidity of an Insurance Policy on the grounds that the Insurance Policy was formed electronically.
  • 4 EDUVIA ONLINE ACCESS
    • 4.1 CHUBB shall, at its discretion, either:
    • 4.1.1 provide the Broker with the appropriate number of Passwords to allow the Broker's Authorised Users to access Eduvia Online directly; or
    • 4.1.2 provide access to Eduvia Online via a Software Partner, in each case to enable the Broker to use Eduvia Online solely as permitted by this Agreement.
    • 4.2 In providing Passwords to the Broker or access via a Software Partner CHUBB grants the Broker a limited, non-assignable licence to use Eduvia Online on the terms of this Agreement until this Agreement is terminated. Save with CHUBB's prior written consent on each and every occasion, the Broker shall not disclose a Password to any person other than an Authorised User or permit Eduvia Online to be used by any person other than an Authorised User. The Broker shall ensure that proper procedures are in place so that only Authorised Users shall have access to Eduvia Online.
    • 4.3 The Broker shall ensure that all Passwords issued to Authorised Users shall be maintained securely and confidentially. The Broker shall be responsible for and shall immediately take steps to instruct CHUBB to deactivate any passwords of persons who should no longer have access to Eduvia Online and of any persons who had access to Eduvia Online whose employment or service with the Broker has been terminated.
    • 4.4 The Broker shall inform CHUBB immediately if it becomes aware of any unauthorised use or disclosure or loss or theft of any of the Passwords.
    • 4.5 It is the responsibility of the Broker to ensure that it has the appropriate hardware, software and virus protection to enable them to use Eduvia Online safely and securely. The Broker shall make its own arrangements for internet connection and be responsible for any telephone costs and/or charges which may become due in relation to accessing and using Eduvia Online directly or via a Software Partner.
  • 5 USE OF EDUVIA ONLINE
    • 5.1 The Broker shall not (and shall ensure that none of its Authorised Users or any of its employees, agents, contractors):
    • 5.1.1 use Eduvia Online or any information obtained from it for any purpose other than the arranging and/or administration of Insurance Policies in accordance with this Agreement;
    • 5.1.2 use Eduvia Online in any way that disrupts, interferes with or restricts the use of Eduvia Online by CHUBB or by any authorised third party user, or access or attempt to access unauthorised areas of Eduvia Online, or probe, scan or test the vulnerability of Eduvia Online, or use any devices, software or routine to interfere with the proper working of Eduvia Online; and
    • 5.1.3 reverse engineer, decompile, copy, distribute, disseminate, sub-licence, modify, translate or adapt any software or other code or scripts relating to Eduvia Online or knowingly post or transmit any information that contains a virus, worm, Trojan horse or other harmful or disruptive components to Eduvia Online.
  • 6 PROVISION OF INFORMATION
    • 6.1 The Broker shall ensure that all material provided to Eduvia Online by the Broker (including by its Authorised Users, employees, agents, contractors, and/or any person having access to Eduvia Online by means of the Broker's systems or through the Passwords) is, to the best of the Broker's knowledge and belief (having made all reasonable enquiries) accurate, complete, and up-to-date and contains nothing offensive, defamatory or unlawful or which is in breach of the rights of any third party.
  • 7 SUSPENSION / DISABLEMENT OF EDUVIA ONLINE
    • 7.1 CHUBB may suspend the operation of or make changes to Eduvia Online or disable the Broker's access to Eduvia Online at any time without notice for any reason.
  • 8 ARRANGING INSURANCE POLICIES ON EDUVIA ONLINE
    • 8.1 Each quotation for an Insurance Policy provided by CHUBB shall only be capable of acceptance by the Broker on behalf of the relevant client where the Broker has confirmed that the information that it has provided in respect of the Insurance Policy is correct to the best of its knowledge and belief (having made all reasonable enquiries) and that the details about the policyholder returned by Eduvia Online following the Broker's entry of data are correct.
    • 8.2 Where the Broker wishes to accept a quotation for an Insurance Policy on behalf of its client through Eduvia Online, the Broker shall use Eduvia Online to indicate to CHUBB that it wishes CHUBB to bind the Insurance Policy. The Insurance Policy shall not be concluded or bound until the Broker is either notified by CHUBB via email confirming that CHUBB has bound the Insurance Policy in accordance with the Broker's request or if the Broker has access to Eduvia Online via the Software Partner, the Broker will be advised by the Software Partner’s software tool that the risk status has changed from quoted to bound and the policy documentation is available for viewing.
  • 9 TERMINATION
    • 9.1 Either Party may terminate this Agreement at any time and without liability to the other Party:
    • 9.1.1 by the Parties at any time by mutual agreement;
    • 9.1.2 on 30 days' written notice to the other Party; or
    • 9.1.3 immediately upon written notice to the other Party if the other Party commits any material or persistent breach of any of the provisions of this Addendum and, in the case of a breach which is capable of remedy, fails to remedy the same within seven days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied.
    • 9.2 Notwithstanding Clause 9.1 above, this Agreement shall terminate immediately upon termination of the TOBA for whatever reason.
  • 10 CONSEQUENCES OF TERMINATION
    • 10.1 On termination of this Agreement, the licence granted to the Broker pursuant to clause 4.2 will automatically terminate.
    • 10.2 The termination of this Agreement for whatever reason shall not affect any provision of this Agreement, any provision of the TOBA or any provision of any Insurance Policy which is required to survive or operate in the event of termination of this Agreement and shall not prejudice or affect the rights of either Party against the other Party in respect of any breach of this Agreement or in respect of any monies payable by either Party to the other Party in relation to any period prior to its termination.
  • 11 DATA PROTECTION
    • 11.1 The Broker acknowledges and agrees that where it processes personal data under or in connection with agreement or the TOBA it determines the purposes and means of such processing as a controller.
    • 11.2 In respect of the personal data the Broker processes under or in connection with this Agreement or the TOBA, the Broker:
    • 11.2.1 shall comply at all times with its obligations under all applicable data protection legislation;
    • 11.2.2 shall notify CHUBB without undue delay after, and in any event within 24 hours of, becoming aware of a personal data breach; and
    • 11.2.3 assist and co-operate fully with CHUBB to enable it to comply with its obligations under all relevant data protection legislation, including in respect of keeping personal data secure, dealing with personal data breaches, complying with the rights of data subjects and carrying out data protection impact assessments.
    • 11.3 The Broker shall work together with CHUBB to ensure that each of them is able to process the personal data it processes under or in connection with this Agreement or the TOBA for the purposes contemplated hereunder lawfully, fairly and in a transparent manner and in compliance with the data protection legislation. This shall include entering into such other written agreements as may be required from time to time to enable each of Broker and CHUBB to comply with the data protection legislation.
    • 11.4 For the purposes of this clause 11:
      • "controller" means the person which, alone or jointly with others, determines the purposes and means of the processing of personal data
      • "data protection legislation" means all applicable statutes and regulations in any jurisdiction pertaining to the processing of personal data, including the privacy and security of personal data;
      • "data subject" means the identified or identifiable natural living person to whom the personal data relates
      • "personal data" means any information relating to the data subject; and
      • "personal data breach" means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed
  • 12 LIMITATION OF LIABILITY
    • 12.1 The Broker acknowledges that the decision as to whether to arrange an Insurance Policy through Eduvia Online for any client is a matter for the Broker's skill and judgment as a professional insurance Broker.
    • 12.2 Save as set out in this Agreement, CHUBB makes no representations, and so far as is permitted by law, excludes all warranties, conditions and guarantees, express or implied, whether oral or in writing, regarding:
    • 12.2.1 the accuracy or completeness of information contained or acquired through Eduvia Online;
    • 12.2.2 the quality and performance of Eduvia Online and that it is virus-free and error-free; and
    • 12.2.3 that Eduvia Online will be available on an uninterrupted basis.
    • 12.3 To the extent permitted by applicable law, the total liability of CHUBB arising from or in connection with the Broker’s use of Eduvia Online pursuant to the terms of this Agreement shall be limited to £1,000.
    • 12.4 The provisions of this clause 12 shall continue to apply notwithstanding the termination or expiry of this Agreement.
  • 13 BROKER INDEMNITY
    • 13.1 The Broker shall indemnify CHUBB on demand against all and any proven, foreseeable and fully mitigated losses, damages, liabilities, claims, actions, proceedings, costs or expenses incurred by CHUBB arising out of:
    • 13.1.1 any claim made against CHUBB by any third party arising from the Broker's breach of the terms of this Agreement;
    • 13.1.2 any breach of clause 4 of this Agreement; or
    • 13.1.3 any breach of clause 5 of this Agreement.
  • 14 GOVERNING LAW AND JURISDICTION
    • 14.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the Parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.