AXA I ABR Website Terms and Conditions v5

These terms and conditions ("Terms and Conditions") set out the terms that apply to Intermediaries who wish to place business with AXA Insurance UK plc ("AXA Insurance") using the application known as AXA Business Risk ("ABR") including any use of ABR via the domain name www.axabusinessrisk.co.uk or via www.imarket.co.uk

ABR is for use solely by Intermediaries who access ABR from the United Kingdom (as defined below) and is not intended to be used by those in other territories. Do not access ABR if you are resident outside the United Kingdom.

YOU ARE REQUIRED TO READ THESE TERMS AND CONDITIONS BEFORE PROCEEDING. BY ACCESSING ABR YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS IN FULL, YOU MUST EXIT ABR IMMEDIATELY.

These Terms and Conditions may be amended at any time without notice. You should check this web page from time to time to review the current terms and conditions because they are binding on you.

1   Definitions

1.1   "BUA" means any Binding Underwriting Authority Agreement entered into between an Intermediary and AXA Insurance;

1.2   "TOBA" means the Terms of Business Agreement for Intermediaries entered into with AXA Insurance;

1.3   "United Kingdom" means Great Britain and Northern Ireland, including the Channel Islands and the Isle of Man.

2   Scope and Interpretation

2.1 These Terms and Conditions set out the terms that apply to Intermediaries who wish to place business with AXA Insurance through ABR.

2.2 These Terms and Conditions should be read in conjunction with the terms of the TOBA, any applicable BUA and the ABR user guides or other explanatory documentation as may be issued by AXA Insurance from time to time (the "User Guides").

2.3 In respect of business placed by the Intermediary via ABR, where there is a conflict between these Terms and Conditions and (a) the terms of the TOBA and/or any BUA or (b) the User Guides, these Terms and Conditions shall prevail.

2.4 Unless defined in these Terms and Conditions, defined terms shall have the meaning given in the TOBA.

3.  Compliance

3.1 ABR is designed to assist Intermediaries in the sale of AXA Insurance's insurance products. The Intermediary acknowledges and agrees that use of ABR does not ensure that any such sale complies with the relevant regulatory requirements prescribed by the Financial Services Authority from time to time which are imposed on the Intermediary (the "FSA Rules") and that AXA Insurance makes no representation or warranty (express or implied) in this regard.

3.2 The Intermediary further acknowledges and agrees that the Intermediary remains responsible for ensuring that any sale of AXA Insurance's insurance products via ABR complies with all applicable FSA Rules.

4.  Authorised Users

4.1 ABR is available for use by Intermediaries in the United Kingdom who are authorised users only. An authorised user is an Intermediary who has entered into a TOBA and/or a BUA with AXA Insurance which authorises such Intermediary to place business with AXA Insurance.

4.2 If you are not an authorised user as described in section 4.1 above, you must exit ABR immediately.

4.3 Where your TOBA or, where applicable, your BUA has expired or has been terminated, you are an unauthorised user and have no authority to access or use ABR. You should exit ABR immediately.

5.  Access to ABR

5.1 The Intermediary agrees to keep secure and not to disclose to any third party any details for accessing ABR, including without limitation any passwords, identification numbers or other log-in details.

5.2 The Intermediary shall ensure that the levels of access to ABR granted to its employees or agents are appropriate to their respective needs and in accordance with any instructions issued by AXA Insurance from time to time.

5.3 The Intermediary shall take appropriate security measures to prevent any unauthorised access to or use of ABR by its employees, agents or any third party and shall accept responsibility for all the acts and/or omissions of its employees, agents and any third party who gains access to ABR.

5.4 AXA Insurance will have the right at its discretion, to prevent or restrict the Intermediary or any of its employees or agents from gaining access to ABR with immediate effect.

5.5 The Intermediary shall inform AXA Insurance if it has any reason to believe that ABR is being used in an unauthorised manner.

6.  Terms of Use

6.1 The Intermediary may only access and use ABR in accordance with the TOBA and any BUA as supplemented or modified by these Terms and Conditions and any other instructions issued by AXA Insurance from time to time.

6.2 Save in respect of Premium collection and any Incidental Authorities, the Intermediary accepts that it will at all times act as the customer's agent when placing business with AXA Insurance through ABR.

6.3 The Intermediary acknowledges that the information provided by the Intermediary via ABR is legally binding and will form the basis of the contract of insurance. The Intermediary shall provide all material facts or information relevant to the contract of insurance in question. In the event that ABR does not allow such facts or information to be provided via ABR, the Intermediary shall contact AXA Insurance separately to disclose such material facts or information before the contract of insurance is concluded.

6.4 The Intermediary shall ensure that its customer understands and agrees to the terms and conditions of the relevant insurance policy, including any endorsements, whether set out in the statement of fact or otherwise.

6.5 The Intermediary warrants that the information provided to AXA Insurance via ABR is accurate and complete, and has been communicated to it by the customer with all necessary authorities, information and declarations from the customer.

6.6 The Intermediary agrees to indemnify AXA Insurance against all losses, costs, claims and liabilities whatsoever incurred by AXA Insurance arising from the use, communication or transmission by the Intermediary, its employees or agents of:

6.7 The Intermediary shall ensure that it keeps either (a) a copy of the statement of fact or proposal form duly signed by the customer or (b) where (a) is not possible, a full recording of the customer's instructions to the Intermediary.

7.  Ownership of material and copyright

7.1 All Intellectual Property Rights in ABR and all material on ABR, including without limitation the arrangement, design and graphics (together the "Material") are owned by AXA Insurance or are included with the permission of the owner of the rights.

7.2 Authorised users of ABR may use ABR and the Material to the extent permitted under these Terms and Conditions and the TOBA and/or any BUA.

7.3 Authorised users of ABR are permitted to print and download any part of the Material provided that:

7.4 No Material or any part of it may be incorporated in any other work or publication, whether in hard copy, electronic or any other form.

7.5 No part of the Material may be reproduced on or transmitted to or stored on any other website or other form of electronic retrieval system.

7.6 The Intermediary may only distribute documents produced for use by customers and/or AXA Insurance in accordance with the TOBA and/or any BUA as supplemented or modified by these Terms and Conditions.

7.7 ABR may not be copied, reverse engineered or in any way disassembled.

7.8 The Intermediary agrees to indemnify AXA Insurance against all losses, costs, claims and liabilities whatsoever incurred by AXA Insurance arising from the breach by the Intermediary of this section 7.

8.  Availability

8.1 AXA Insurance will endeavour to ensure that ABR is available. However, uninterrupted or error free access to ABR cannot be guaranteed and AXA Insurance will have the right to suspend access to ABR without notice.

8.2 AXA Insurance will not be liable for loss or damages (including damages for loss of business or loss of profits) arising in contract, tort or otherwise if ABR becomes unavailable or is suspended for any reason.

9.  Liability of AXA

9.1 AXA Insurance shall not be liable for any loss or damage (including without limitation, damages for loss of business or loss of profits) that an Intermediary or a third party may suffer in connection with ABR in any way, including without limitation loss or damage due to viruses that may infect the Intermediary's computer equipment, software, data or other property or otherwise from the Intermediary's inability to use or incorrect use of ABR or any Material.

9.2 Nothing in these Terms and Conditions restricts AXA Insurance's liability for death or injury caused by its negligence or that of its employees or agents.

10.  Applicable Law

ABR and these Terms and Conditions are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the English courts.

11.  Acceptance of these Terms and Conditions

By accessing ABR, you shall be deemed to have accepted these Terms and Conditions in full.