Website Terms and Conditions

Last updated (February 2019)

Important Legal Terms & Conditions

Who are we

The Website at the domain name www.AvivaBroker.ie (the “Website”) is registered to and operated by the Relevant Aviva Companies set out below (which are members of the Aviva Group (“Aviva”)). For the avoidance of doubt, “we/our” refers to all of the Relevant Aviva Companies. The respective product pages of the Website will identify the underwriter/product provider of each individual product.

Acceptance of the Terms

These are the Website terms and conditions of use (the “Terms”, which term includes the Privacy Statement and Cookie Policy attached to this Website), which apply to the use of the Website by users. By accessing the Website, you agree to be bound by the Terms.

Separate terms and conditions cover the use of associated Aviva Broker applications including but not limited to WriteNow, Blive, Fast Trade and Aviva BrokerSecure, which are available to registered users only, on a password access basis, within these applications.

Amendments to the Terms

We reserve the right to update these terms from time to time without notice to you. You should check the Terms periodically for changes because by using the Website after we post any changes to the Terms, you are agreeing to accept those changes, whether or not you have reviewed them. We will endeavour to post at the top of the Terms the date on which the most recent changes to the Terms have been made. By using the Website you agree to be legally bound by the Terms.

Eligibility for use

This Website is intended solely for brokers and other intermediaries who hold an appointment from any of the Relevant Aviva Companies (including those who are employed by, work for or manage or own such broker firms or intermediaries). The Website and its content is not intended for use by retail clients. Retail clients requiring information on the products and services provided on this Website should contact a financial broker.

Without limiting the foregoing, this Website is not available to any person under the age of 18. If you do not meet the eligibility criteria for using this Website, please exit and do not use this Website. We may refuse to deal with anyone at any time, in our sole discretion.

User Conduct

The use of any automated system or software to extract any information, data, materials, including quotations, underwriting details and prices from this Website (“screen scraping”) (or similar activities) is not permitted.

You will not:

1. Use the Website (or any part of it) for any illegal purpose and agree to use it in accordance with all relevant laws.
2. Upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety.
3. Use the Website in a manner which:
   a. may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired; or
   b.violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy).
4. Create or publish a hypertext link to any part of the Website or attempt any unauthorised access to any part or component of the Website.
   Copy or distribute any part of the Website in any medium without our prior written consent; or alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.

You agree that in the event that you have any right, claim or action against any user of the Website arising out of that user’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

Accuracy, validity and purpose of information

Whilst we take all reasonable steps to ensure that the information contained within the Website is accurate and up-to-date, it is nonetheless supplied on an “as is” basis and accordingly we do not accept any liability for any errors or omissions. If you are in any doubt as to the validity of information made available within the Website, we recommend you seek verification by contacting us.

Information and data on our Website is for “INFORMATION PURPOSES ONLY” and we do not hold ourselves out as giving advice, and nor should it be construed as such.

Availability

Whilst we take all reasonable steps to ensure the Website is always accessible we will not be held liable if, for any reason, the Website is unavailable for any period. We may also have to suspend access to the Website for routine or emergency updates and maintenance, but we will endeavour to keep any disruption to a minimum.

We reserve the right to suspend or withdraw access to this Website without notice at any time and accept no responsibility for these pages or the Website not being available at all times. We reserve the right to deny users access to this Website or any part of it without notice and to decline to provide services or permit access to the Website to any user that is in breach of the Terms.

Disclaimer of warranties

You acknowledge and agree that:

1. The information on the Aviva Broker Website does not constitute an offer and is provided as a service to brokers and other intermediaries who hold an appointment from any of the Relevant Aviva Companies.
2. Your use of this Website is at your sole risk. The service 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.
3. 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, this Website.
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 the service.
5. It is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks). No warranty of any type is given that this Website will be free of viruses or defects of any description and we will not be held responsible for any technical problems you may suffer as a result of your use of this Website.
6. The implied warranties and the rights conferred by virtue of the Sale of Goods Act, 1893 (as amended) and the Sale of Goods and Supply of Services Act, 1980 are excluded to the fullest extent permitted by law.

Exclusion of liability

To the fullest extent permitted by law, in no event shall we or Aviva or any other person appointed by us or Aviva involved in creating, installing, delivering, testing or using the Website or services provided in or through such, be liable for any direct, indirect, incidental, special 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 of, reliance upon or the inability to use the Website or services, including, but not limited to, damages for loss of revenue or anticipated profits, loss of data or other intangible information, loss of opportunity, loss of business, loss of goodwill or injury to reputation even if we have been advised of the possibility of such damages or such damages were reasonably foreseeable. However, nothing in these terms limits or excludes our liability for death or personal injury caused by our proven negligence.

Indemnity

You agree to be fully responsible for and fully indemnify Aviva and each Relevant Aviva Company (including their successors and assigns, directors, officers, employees and agents) against all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by Aviva (or any Relevant Aviva Company, including their successors and assigns, directors, officers, employees and agents) and arising out of any breach of the Terms by you or any other liabilities incurred by the Relevant Aviva Companies or Aviva (or any of them) arising out of your use of the Website, or use by any other person accessing the Website using your PC or on your behalf.

Links to other sites

If links to other Websites are provided we will not be responsible or liable in any way for the content of such sites. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, and other information linked through this Website. We do not endorse or represent the reliability, accuracy, or quality of any information, goods, services, or products displayed or advertised in such manner. If you choose to access third-party services, you do so entirely at your own risk.

Intellectual Property Rights

You acknowledge and agree that the copyright and all other intellectual property rights in all the pages on this Website are the property of or are licensed by the Relevant Aviva Companies and/or Aviva. All rights are reserved except that individual sections on the Website may be downloaded, printed and copied solely for use of the user in providing his/her/its services. However it is not permitted to copy, transmit or reproduce any of the Website content for any other purposes without our prior written consent.

Relevant Aviva Companies

The Relevant Aviva companies to which this Website relates are:

• Aviva Life & Pensions Ireland Designated Activity Company, a private company limited by shares. Registered in Ireland No. 165970. Registered office at Building 12, Cherrywood Business Park, Loughlinstown, Co Dublin. D18 W2P5. Aviva Life & Pensions Ireland Designated Activity Company, trading as Aviva Life & Pensions Ireland and Friends First, is regulated by the Central Bank of Ireland. Tel (01) 898 7950.
• 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.

The respective product pages of the Website will identify the product provider of each product.

Contact

Questions, comments, notices and requests regarding these Terms are welcomed and should be addressed by post to The Data Protection Officer, Aviva Ireland, Building 12, Cherrywood Business Park, Loughlinstown, Co Dublin. D18 W2P5 or you can email our Data Protection Officer at DPO@aviva.com.

Technical queries and support for this site should be directed to the support team on 1800 268 377 or you can email us at avivabrokerirl@aviva.com.

See a full list of Life & Pension contact details

See full list of General Insurance Contact details.

Invalidity

If for any reason, any part of the Terms is deemed to be unenforceable, then the validity of the remaining parts shall not be affected. Any waiver by us of a breach of any provision of the Terms shall not be deemed to be a waiver of any prior, concurrent or subsequent breach of the same or any other provision.

Law

The Relevant Aviva Companies are authorised to conduct insurance services in Republic of Ireland (as set out above under the heading “Relevant Aviva Companies”). This Website is established in Republic of Ireland and is subject to the laws of Republic of Ireland. In the event of any dispute all parties shall submit to the exclusive jurisdiction of the courts of the Republic of Ireland. All information and contractual terms are supplied in English.

Terms of Use Specific to Live Chat

In addition to and without prejudice to the generality of the Terms, the following apply to the use of Live Chat by users.

Access

Access to Live Chat is provided on the understanding that:

Live Chat is provided to all users of this Website to receive assistance in relation to the navigation and use of the Website. Use for any other purpose is prohibited. Live Chat is not provided for the purpose of assisting Users in the selection of or advice on an Aviva product. Users will not give or attempt to give customer personal data when using Live Chat.

Aviva will endeavour to provide access to Live Chat but no warranty is given by Aviva as to the availability of the Live Chat service. Aviva may terminate the Live Chat service at its own discretion without notice.

Without limitation on Aviva’s rights to terminate the Live Chat service at its own discretion, inappropriate use of Live Chat will result in access being revoked by Aviva.