TERMS AND CONDITIONS FOR ACCESS TO OR USE OF THE SMARTDRIVE AND SMARTCARGO SYSTEMS BY INTERMEDIARIES AND POLICYHOLDERS

 

1. Access to or use of the SmartDrive System and/or SmartCargo System (hereafter collectively termed as the "Systems") is subject to the following Terms and Conditions. The access to or use of the Systems constitutes your agreement to be bound by all such Terms and Conditions without limitation or qualification. Winterthur Insurance (Asia) Ltd. Shanghai Branch. ("AXA") reserves all rights to amend, modify, add, delete or revise in any way these Terms and Conditions and all materials and contents of the Systems, at any time. You are bound by such revisions and should periodically visit this page to review the current version to which you are bound. IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OR ACCESS THE SYSTEMS.

Access to or use of the SmartDrive System shall be restricted to authorized intermediaries of AXA only. In addition to intermediaries, our policyholders are permitted, to a limited extent, access to and use of the SmartCargo System. For the purposes of these Terms and Conditions, the expression "you" shall mean a person authorized to access or use the Systems in accordance with the provisions herein contained.

2. SECURITY

a. As an intermediary of AXA, you shall act with integrity and professionalism at all times. You are aware that AXA is entrusted with confidential information relating to customers and you are, in turn, entrusted with such information, as well as information relating to our business and operations which may come to your knowledge in the course of business. You hereby agree that in the event that you and/or any of your authorized personnel shall, by act or omission, commit any breach of confidentiality, whether arising out of or in connection to fraud, misconduct, negligence or otherwise, you may be subject to various sanctions, including but not limited to, criminal or civil liabilities and/or termination of your agreement with us.

b. You shall ensure that access to or use of the Systems and its information and contents are limited to authorized personnel only, and such access to or use of the Systems and its information and contents shall be on a "need-to-know" basis, so that confidentiality and privacy are maintained.

c. You shall ensure that the information and contents in the Systems are accessed, modified or edited only by authorised personnel, thereby maintaining the integrity of information.

d. Your user identification(s) and password(s) are personal to you. However, we are aware that for administrative reasons, your user identification(s) and password(s) may be disclosed to persons under your employment. In that regard, you shall ensure that your user identification(s) and password(s) are disclosed only to authorized and fit and proper personnel. Notwithstanding the generality of the foregoing, you shall be fully responsible and liable for all activities and/or transactions carried out using your user identification(s) and password(s).

e. You shall notify us immediately if you suspect that your user identification(s) and password(s) have been used in an inappropriate manner and/or any of the information contained on the Systems may be or have been compromised.

f. You are responsible for protecting the information contained on the Systems that is within your purview. In the event that inappropriate activities and/or transactions occur under your account, whether with or without your knowledge, including any loss of information, inaccuracies, inappropriate modifications or disclosures thereof to anyone who lacks the authorisation or exceeds his scope of authorization, you shall be personally liable for any loss, damage, claims and/or expenses arising out of or in connection to such inappropriate activities and/or transactions.

3. RESTRICTIONS

a. The Systems shall be used for business purposes only and you should have no expectation of privacy associated with the information you store in or send through the Systems.

b. You may print but shall not post, reproduce or redistribute the information contained on the Systems without our prior written permission.

c. An intermediary shall not permit external parties, including without limitation, any applicants for insurance, past or present policyholders or insured persons, any access to or use of the Systems. You further undertake to keep strictly confidential and not to disclose any information herein contained, save as permitted hereunder or in furtherance of the objectives of the Systems in respect to the transmission of quotations, proposal forms, policy schedules, certificates of insurance, tax invoices, debit notes and renewal notices to customers.

d. You shall ensure that documents issued through the Systems accord with the applicable written contract between you and us that sets forth the terms and circumstances under which such documents are to be issued.

Without prejudice to the generality of the preceding paragraph, documents issued through the SmartCargo System shall accord with the marine cargo insurance terms and conditions mutually agreed between you and us, in respect of the terms of issuance of marine documents, including but not limited to, quotations, cover notes, and/or open covers. Such written contract must remain in-force on the date of issuance of these documents.

4. GENERAL

a. The Systems are not intended to be accessed or used by persons located or resident in jurisdictions, which restrict the distribution of information, by us. Such people are required to inform themselves and observe any relevant restrictions.

b. By using the Systems, you expressly agree that such use is at your own risk. We assume no responsibility and shall not be held liable for any damage to your computer or any other equipment or property as a result of your access to, or use of, or browsing in this web site or downloading of any materials herein contained, including any viruses, malicious, destructive or corrupting code, agent, program or macros. We endeavour to provide a service of the highest quality, but cannot guarantee that our service will be uninterrupted or error-free, or that the service selected will reach the intended recipient. You acknowledge that you are fully aware and expressly agree that use of the Systems is subject to having all your activities on the Systems monitored and recorded by us.

c. Any hypertext links to other web sites are provided for convenience only, and we assume no responsibility or liability whatsoever for the contents of those other web sites linked to, or any products or services advertised or sold on those web sites.

d. You should assume that all the materials and contents of the Systems including without limitation all marks, logos, names, icons and images are either the property of or used with permission by us. Accordingly, unless expressly allowed hereunder or on the Systems, you shall not copy, use, distribute or reproduce in any way whatsoever, such materials and contents without our prior written permission. The AXA Group does not warrant or represent that your use of materials displayed herein will not infringe on the rights of any third parties. TAKE NOTE THAT any unauthorized use is strictly prohibited and may violate the law, including without limitation, copyright laws, trademark laws, any laws of privacy and publicity and communications legislations, and may be subject to criminal and/or civil penalties.

5. OUR DATA PRIVACY POLICY

a. We are fully committed to protecting the privacy interests of individuals who provide us with information about themselves and to complying with the requirements of the applicable local laws, including any applicable statutes. In doing so, we instruct our staff to comply with strict internal standards of security and confidentiality.

b. The personal data of the customers submitted by and collected from you through this Systems will be used by us for purposes of processing applications, assessments and processing of claims and any other administration relevant to any policy issued by us. Personal data of customers may be shared in the normal course of conducting insurance administration, with and amongst the AXA Group or a third party that provides services to us (e.g. claims, investigations, appraisals, etc), or regulatory authorities or law enforcers. Personal data of customers may also be used by us, any member of the AXA Group, or any of these companies?authorized representatives, agents and/or contractors, within or outside the applicable territory, for marketing purposes and in this connection, we may transfer or disclose that information to any of those other companies. We will cease to use such personal data for marketing purposes if the customer requests that we do so.

c. Other than personal data of customers, any information that you transmit to us through the Systems, by electronic mail or otherwise, will be treated as non-confidential and non-proprietary and will become the property of AXA. Such information may be used for any purpose and transmitted to third parties, including without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast and posting. We shall be free to use any ideas, concepts, know-how or techniques contained in the communications that you transmit to us, for any purpose, including development and marketing of products and services. Statistical information derived from personal data may be shared with unrelated third parties but will not include any personal identifiable data.

6. AVAILABILITY OF PRODUCTS

The products and services described herein are available only in the stipulated territories and to eligible persons. Eligibility criteria are set out in the relevant product policies and/or service agreements. All transactions are quoted in and payable in the relevant currency. Price and information are subject to change without notice.

7. JURISDICTION

Subject to the terms of the applicable insurance policy, any claim or dispute arising out of or in connection with the use of this website, its contents or materials shall be referred to and finally resolved by arbitration in the local territory in which AXA is located, in accordance with the arbitration rules of such local arbitration centre for the time being in force which rules are deemed to be incorporated by reference to this clause. Subject to the terms of the applicable insurance policy, any claim or dispute aforementioned shall be governed by and construed in accordance with the applicable local laws.