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