1. Parties
Aviva Insurance Ireland Designated Activity Company, trading as Aviva, is regulated by the Central Bank of Ireland.
A private company limited by shares. Registered in Ireland No. 605769. Registered Office: Cherrywood Business Park, Dublin, Ireland, D18 W2P5.
Aviva Insurance Ireland DAC (‘the Company’, ‘we’, ‘us’ or ‘our’) and You, the user accessing bLive & Fast Trade are collectively known as the ‘Parties’.
2. Definitions and Interpretation
As used in these Terms, the terms and expressions shall have the meanings set out in these Terms, unless the context otherwise requires:
‘Appointed User Controller‘ means the person(s) appointed by you as your controller for the purposes of accessing bLive & Fast Trade and as liaison between the Company and you and who will be responsible for overseeing your obligations under these Terms;
‘Aviva Business Development Manager’, your appointed Aviva business development manager;
‘Commencement Date‘, the date on which you click REGISTER NOW at the bottom of these Terms;
‘Confidential Information‘ all confidential information relating to Aviva, including finances, specifications, methods, technology and business activities, and the contents of bLive & Fast Trade; and the data of Users, and other third parties contained in bLive & Fast Trade;
‘Operational Terms and Conditions of Use‘, the terms and conditions upon which access is granted to you and your Users to bLive & Fast Trade, the most recent version of which can be reviewed here;
‘Schedule‘, the relevant Register for bLive & Fast Trade registration section on www.avivabroker.ie
‘Users‘, those persons in your employment, including Appointed User Controller(s), detailed in the Schedule hereto or persons in your employment nominated by you from time to time as provided for and in accordance with Clause 4.2 of these Terms; provided that such persons have been approved on behalf of the Company by the AvivaBroker Support Team and that such nominated persons have accepted the then applicable Operational Terms and Conditions of Use;
‘User Manual‘, the user manual entitled Your Guide to AvivaBroker furnished by the Company to you, which contains details on how to access information in relation to bLive & Fast Trade;
‘AvivaBroker Support Team‘, the Company team, which provides system and technical support for Users;
‘You/you‘ refers to the intermediary who is accessing or seeking to access bLive & Fast Trade and who is a party to these Terms.
‘Intermediary‘, the ‘insurance intermediary’ identified in the records of Aviva Insurance Ireland DAC.
3. Commencement and Access
3.1 You agree that:
3.1.1 these Terms shall only have effect and shall only commence upon the Commencement Date;
3.1.2 you may only use, and will only permit your Users to use bLive & Fast Trade to submit business online, access, review, amend, add to and delete details and information as authorised or in relation to your business held with the Company;
3.1.3 you also undertake to provide, and to ensure that your Users provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you, or such Users, in the event that this should prove necessary (see further our Privacy Statement at http://www.aviva.ie/broker/privacy);
3.1.4 if you and/or your Appointed User Controller(s) and/or Users do not give us all of the information that we need, we may not be able to provide access to them to bLive & Fast Trade.
4. Access and Users
4.1 During the currency of these Terms and subject to these Terms, the Company grants to you a non-exclusive right to use and access bLive & Fast Trade for your own internal business purposes and a non-exclusive right to permit your Users to use bLive & Fast Trade for such purposes. We will retain control over the form and content of bLive & Fast Trade and may alter such or any portion of such from time to time in our sole discretion.
4.2 You shall provide to the Company in the Schedule with details of your Appointed User Controller(s) and other Users to whom you wish the Company to grant access to bLive & Fast Trade through the Website. bLive & Fast Trade can only be accessed by using personalised client identifications and passwords and the Company will be responsible for providing these details directly to the Appointed User Controller(s) and Users to the email address supplied by you for them, or directly to you.
4.3 Details on how to access bLive & Fast Trade are outlined in the User’s Manual.
4.4 You shall ensure that all of your Users shall be familiar with and comply fully with the Operational Terms and Conditions of Use. On first login by your Users to bLive & Fast Trade, the Operational Terms and Conditions of Use will appear. If a person nominated to be a User does not agree to be bound by such Operational Terms and Conditions of Use he/she will not be permitted to access bLive & Fast Trade.
4.5 We reserve the right at any time to amend these Terms. Upon amendments to these Terms you will be required to accept the revised Terms on next login to bLive & Fast Trade. If the revised Terms are not accepted, neither you nor any of your Users will be permitted to access and use bLive & Fast Trade. Until issues of non-acceptance are successfully resolved, as applicable, you or any Users will not be given access to bLive & Fast Trade. If you have any questions in respect of any changes you should contact your Aviva Business Development Manager or the AvivaBroker Support Team.
5. Your Obligations
5.1 You undertake to notify the AvivaBroker Support Team by email at avivabrokerIRL@aviva.com, immediately of a change of your Users or if any of them leave your employment. The onus is exclusively on you to notify the Company immediately when any User no longer requires access or is no longer permitted to use bLive & Fast Trade. The Company will terminate access promptly on receipt of notification. On termination of use of bLive or Fast Trade (for whatever reason) you shall procure that the relevant User(s) shall promptly return to the Company or destroy, at the discretion of the Company, all materials provided to such User(s) in connection with bLive & Fast Trade.
5.2 Occasionally or on request, we will provide you with a list of your authorised Users who have access to bLive & Fast Trade and you will confirm to us as soon as is reasonably possible that such Users are still authorised to have access to bLive & Fast Trade and that they are still employed by you.
5.3 Users will be prompted on first login to bLive & Fast Trade to change their passwords. Users are automatically required to change their passwords thereafter every 90 days or when requested by bLive & Fast Trade. Any User, who fails to access bLive & Fast Trade for a period of more than 90 days, may be required to re-register.
5.4 Notwithstanding anything to the contrary in these Terms, you shall not and shall procure that your Users do not:
5.4.1 provide access to bLive & Fast Trade to any person who is not an authorised User;
5.4.2 access any data or information, which is not data or information to which you/they have been granted, or authorised to, access;
5.4.3 disclose any data or information to any third party who is not an authorised User or use such for the benefit of any third party;
5.4.4 use bLive & Fast Trade, any data or information obtained from or through accessing or using such to infringe on the rights of the Company or any third party.
5.5 Except as authorised or required by your duties as an intermediary, you shall keep secret and shall not use or disclose to any person any user identification or password assigned or used by you for use in connection with bLive & Fast Trade.
5.6 You shall and you shall procure that your employees, agents, and Users shall, keep the Confidential Information confidential and (a) shall not use or exploit the Confidential Information in any way; and (b) shall not disclose or make available the Confidential Information in whole or in part to any third party; except with the prior written consent of the Company, or except as expressly permitted by these Terms, or as required by law. You agree to inform the Company of any unauthorised access to, or use of, data or information on bLive & Fast Trade or the Confidential Information by you or any third party as soon as possible after becoming aware of such access or use. If you access information or personal data that you
do not have permission to access or use you shall immediately inform the Company and shall treat such information or personal data in confidence.
5.7 The Company at its absolute discretion reserves the right to change the content of bLive & Fast Trade without notice to you, to reflect changes in legislation and to keep in line with changes/updates within the Company. The Company also reserves the exclusive right to discontinue bLive & Fast Trade without notice at any time.
5.8 In using bLive & Fast Trade you may enter data and information obtained from your clients. You must ensure that you have fully explained to your clients the purposes for which personal data that they provide to you is obtained and the uses to which it will be put and ensure that you have your clients consent to process such data, before entering it in bLive & Fast Trade. You must also ensure that your clients confirm that they have fully explained such uses and purposes to each person whose personal data are input into bLive & Fast Trade and you confirm that you have obtained all necessary and appropriate consents to process, and allow the Company to process, such data in connection with bLive & Fast Trade.
5.9 The Company reserves the right to audit at any time your use of bLive & Fast Trade and in particular the security requirements thereof at any time upon reasonable notice. For the purpose of such audit you will allow us to attend at your offices and examine your bLive & Fast Trade access system, usage policies and data retention records.
6. Liability
6.1 You are liable for and agree to defend, fully indemnify and hold harmless the Company and its directors, officers, employees, agents and affiliates and each of them (Indemnified Parties) from and against any loss, cost, or expense incurred by the Indemnified Parties (or any of them) arising from your breach of these Terms and/or from any acts, neglect or default of your Users, agents and/or employees (or any of them).
6.2 The Company accepts no responsibility of any nature whatsoever regarding the accuracy of any information contained on bLive & Fast Trade.
6.3 You acknowledge and agree that:
6.3.1 The information on bLive & Fast Trade does not constitute an offer, and is provided to you in connection with your appointment as an intermediary of the company.
6.3.2 your use of bLive & Fast Trade are at your sole risk. While we will endeavour to ensure that bLive & Fast Trade is available between 8.00am-8.00pm daily, we will not be liable if for any reason bLive & Fast Trade is unavailable at any time or for any period and you acknowledge and agree that bLive & Fast Trade is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
6.3.3 to the fullest extent permitted by law, no express or implied guarantee, or representation, endorsement or warranty of any type is given with respect of the accuracy, reliability or completeness of the information appearing on, or provided in conjunction with bLive & Fast Trade;
6.3.4 you are advised to safeguard important data, to use caution and to not rely in any way on the correct functioning or performance of bLive & Fast Trade and that the Company is not responsible for any
delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet;
6.3.5 you shall comply with all applicable laws and regulations with respect to your activities under these Terms;
6.3.6 you shall be responsible for your Appointed User Controller(s) or other Users breach of these Terms;
6.3.7 we shall not be liable to you or to any third party for any termination by us of your access to the bLive & Fast Trade for any reason.
6.4 To the fullest extent permitted by law, in no event shall we or any other person involved in creating, installing, delivering or testing the bLive & Fast Trade or data or information provided in or through such, be liable for any direct, indirect, incidental, special, economic or consequential losses or damages, resulting from any claim (including, and without limitation, a claim for breach of contract, in tort, for negligence, under an indemnity, for breach of warranty or otherwise) arising out of the use or the inability to use bLive & Fast Trade, even if we have been advised of the possibility of such damages or such damages were reasonably foreseeable.
7. General Terms
7.1 Either you or the Company may terminate these Terms by written notice to the other party.
7.2 The provisions of these Terms are not assignable by you. The Company reserves the right to transfer or assign the operation of bLive & Fast Trade to another body and shall notify you of this in advance.
7.3 You shall send us notices under or in connection with these Terms by post to AvivaBroker Support Team, Aviva Insurance Ireland DAC, Cherrywood Business Park, Dublin, D18 W2P5 or you can email us at avivabrokerIRL@aviva.com.
7.4 All disputes, differences and questions, which may at any time arise between the parties touching or arising out of or in connection with these Terms or its subject matter, shall be referred to a single Arbitrator in accordance with the Arbitration Act 2010 and any amendment thereof.
7.5 If any provision of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
7.6 These Terms and any document expressly referred to in it represent the entire Terms between you and the Company in relation to the subject matter of these Terms and supersede any prior Terms, understanding or arrangement between you and us, whether oral or in writing. In the event of a conflict between these Terms and any terms of any other document referred to, these Terms shall prevail.
7.7 These Terms are governed by and shall be construed in accordance with the Laws of the Republic of Ireland and subject to Clause 7.4 each party hereto submits to the exclusive jurisdiction of the Courts of Republic of Ireland.
