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Terms of Use

LEGAL DISCLAIMER AND TERMS AND CONDITIONS OF USE:

Use of this webportal (the "System") is subject to the following disclaimer and terms and conditions of use (together the "Terms"). Please read them carefully. Catlin Insurance Company (UK) Ltd. for itself and on behalf of any other company of the AXA SA Group of Companies, including but not limited to, Catlin Underwriting Agencies Limited for and on behalf of Syndicate 2003 ("AXA XL") reserves the right at any time and without notice to vary these Terms. The "Authorised User" as defined below, should therefore read these Terms each time it intends to use this System. Using or continuing to use this System will constitute acceptance of these Terms as varied from time to time.

Unless otherwise stated AXA SA owns the copyright design, graphical and text arrangements, database rights and other intellectual property rights that exist in the information made available on and the content of this System. Any copyrighted material or any image, logos, names or trademark is protected by law and may not be used or reproduced without the written permission of its owner. Unless otherwise stated the Authorised User may reproduce information made available on this System for the purpose defined in these Terms provided that any relevant copyright trademark or disclaimer or other notices are not removed. Unless specifically authorised all other use of copyrighted material, image, logos, names or trademarks is prohibited.

When specifically authorised by AXA XL and only in accordance with AXA XL’s instructions, the System pages may display an insurance intermediary branding or logo (the “Personalised Branding Facility”). This Personalised Branding Facility is made available at AXA XL’s sole discretion, can be withdrawn at any time and is solely for presentational purposes and does not confer on the insurance intermediary displaying its branding or logo or any Authorised User any right in the System whatsoever.

The Authorised User shall not attempt to duplicate, modify, disclose or distribute or attempt to reverse compile, disassemble, reverse engineer any portion of the System.

For the avoidance of any doubt, the Authorised User shall not attempt to use or permit any of the Authorised Users to attempt to use the System to transact business with anyone other than AXA XL.

To the extent that any part of these Terms is found to be invalid unlawful or unenforceable by any court of competent jurisdiction, the relevant part shall be deemed to and shall be modified to the extent required to make it valid lawful or enforceable (or shall if necessary be severed from the remaining provisions) and all other provisions shall be unaffected and shall remain in full force and effect.

The Authorised User will indemnify AXA XL and keep AXA XL indemnified against any and all losses, costs, claims and liabilities suffered or incurred by AXA XL as a direct result of the Authorised User’s failing to comply with any part of these Terms.

AXA XL will not be liable for any loss arising directly or indirectly from the Authorised User’s use of or inability to use the System. These Terms are governed by English law and the English courts shall have exclusive jurisdiction over any matters arising out of these Terms.

ACCESSIBILITY, PERMITTED USE AND PURPOSE:

This System is specifically designed for use by insurance intermediaries acting through their employees to whom AXA XL has given a username and password (each an "Authorised User") who need to use the System for the purpose of requesting quotes from AXA XL and place insurance with AXA XL (the "Purpose") and is not intended to be used or viewed for any other purpose or by any one else.

Acceptance of these Terms by an Authorised User will constitute acceptance by the insurance intermediary that is employing the Authorised User and the expression "Authorised User" in these Terms shall be used to describe them interchangeably.

AXA XL recognise the importance of providing a System that is inclusive and accessible to all Authorised Users. Please contact AXA XL if any of your Authorised Users experience difficulty trying to use the System.

The Authorised User will notify AXA XL immediately upon any one who had authorised access to the System ceasing to be employed by it or no longer being authorised by the Authorised User to use the System, requesting that their passwords be disabled.

The Authorised User warrants that it will not commit any fraudulent act or omission, or use the System in any way that is unlawful or in contravention of these Terms. The Authorised User will notify AXA XL immediately if it becomes aware of or suspects any unauthorised use of the System or breach of security.

The username(s) and password(s) issued to an Authorised User shall be kept secure and confidential and shall not be shared with anyone else, including other Authorised Users.

AXA XL may change any password or username and suspend the Authorised User’s access to the System in the event of any actual or reasonably suspected breach of security or breach of these Terms.

AXA XL is under no obligation to make the System available to an Authorised User. AXA XL may elect, at its sole discretion and for any reason to revert to a paper based transaction through the open market.

The Authorised User’s access to the System will automatically cease to be authorised (whether notice to that effect is given by AXA XL to the Authorised User or not) and the Authorised User agrees that it will immediately stop using the System upon the Authorised User ceasing to be employed by the insurance intermediary through which the Authorised User originally gained access to the System or if the latter parties are no longer in a business relationship with AXA XL or no longer authorised to transact insurance business.

AXA XL reserves the right, at any time and from time to time, to suspend provision of the System for the purposes of repair, maintenance, upgrade, update, support, testing or implementation.

To the extent permitted by law and regulation, the Authorised User will comply with and support all reasonable requests by AXA XL for information or reports concerning the use and access of the System by the Authorised User and will allow AXA XL and its representatives, regulators and auditors, on reasonable notice and at reasonable times during normal business hours, to inspect and copy all relevant data, papers, books and records concerning the use and access of the System by the Authorised User and concerning business placed by the Authorised User through the System.

USE OF COOKIES ON THIS SITE:

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When you visit cargo.axaxl.com we use session cookies, which are temporary files that are erased when you close your browser. These cookies do not collect or store any personally identifiable information. This means that when you restart your browser and go back to our website, it will not recognise you.

OPT-OUT OF COOKIES ON THIS WEBSITE

You do not have to use cookies in order to browse our website. You can refuse the use of cookies by selecting the appropriate settings in your browser, however if you do this you may lose some useful functionality.

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By continuing to use this website without disabling cookies, you consent to the use of cookies as detailed above.

FORMATION OF INSURANCE CONTRACTS

Quotes issued by the System will only be valid for a period of 60 days from the day they are issued by the System. All subsequent amendments to a draft quote will supersede its previous version and all data entered under that version.

The Authorised User will be liable and responsible for the completeness and accuracy of the data entered on the System.

An Insurance Contract will be formed when the Authorised User selects the option within the System accepting a quote.

Unless otherwise agreed in writing by AXA XL, all insurance contracts formed through the System will adopt the form of policy wording published on the System at the time the contract is formed. AXA XL reserves the right, at its sole discretion and from time to time, to amend such form of policy wording. An Authorised User should therefore read the form of wording that will apply every time it intends to form insurance contracts via the System.

The Authorised User agrees that the terms, conditions and exclusions contained in the applicable policy wording will always prevail over any other conflicting information entered on the System by the Authorised User.

The Authorised User confirms that it has all necessary authority to bind insurance contracts through the System. The Authorised User will indemnify AXA XL and keep AXA XL indemnified against any and all losses, costs, claims and liabilities suffered or incurred by AXA XL as a result of the Authorised User’s acting without authority or failing to act within its authority.

The Authorised User agrees and will ensure that the parties on whose behalf the Authorised User uses the System will have confirmed that they agree:

  1. that an insurance contract can be validly made using the System; and
  2. that data recorded through the System will have the same evidential value as that given to written documents.

Neither these Terms, nor the use of the System to form insurance contracts are intended to affect the rights and obligations arising under existing contractual arrangements or under the law governing insurance contracts and insurance placements, in particular but without limitation, the general principles of insurance regarding duties of disclosure. In this respect, the Authorised User understands and will ensure that the parties on whose behalf insurance contracts are formed through the System will have confirmed their understanding that failure to provide all material facts and true, accurate and complete information may result in the insurance contract being invalidated, a claim refused and/or coverage cancelled. The Authorised User will comply with all its contractual, legal and regulatory obligations in a timely and diligent manner. In particular, but without limitation, the Authorised User will discloseall commissions or other income which it receives or is entitled to receive in accordance with legal and regulatory requirements.

Except for the AXA SA Group of Companies, no third party shall be deemed a third-party beneficiary under these Terms by virtue of the Contracts (Rights of Third Parties) Act 1999.

XL Catlin Insurance Company UK Limited and Catlin Underwriting Agencies Limited are authorised and regulated by the Financial Conduct Authority.

The registered office of XL Catlin Insurance Company UK Limited (incorporated and registered in England and Wales with company number 5328622) is 20 Gracechurch Street, London, EC3V 0BG.

The registered office of Catlin Underwriting Agencies Limited (incorporated and registered in England and Wales with company number 1815126) is 20 Gracechurch Street, London, EC3V 0BG.