Terms of Use
Allianz Global Corporate & Specialty SE
Terms and Conditions for Using AGCS E-Certificates
Last updated on 22 February 2007
Please read these terms and conditions carefully as they apply to your access and use of Allianz Global Corporate & Specialty SE's E-Certificates (referred to as the “System"). BY MAKING USE OF THE SYSTEM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. Any reference in these terms and conditions to "we", "us", "our" or the "Allianz Global Corporate & Specialty" means all and/or any of Allianz Global Corporate & Specialty and its affiliates. "Allianz Global Corporate & Specialty" means Allianz Global Corporate & Specialty SE., having its UK Branch at Gracechurch Street, London EC3V 0HR.
English law governs the System and these terms and conditions and you and we agree that any disputes arising through your use of the System shall be subject to the exclusive jurisdiction of the English courts. We reserve the right to change these terms and conditions at any time. You should therefore check these terms and conditions each time you access or use the System.
Service Access
Whilst we intend that the System should be generally available, Allianz Global Corporate & Specialty will not be liable if for any reason the System is unavailable at any time or for any period.
Secure Username/Password Use
We will provide you with a secure username and associated password permitting access to restricted sections of the Systems (together the "Secure Username"). You will treat your Secure Username as confidential and may not disclose the Secure Username to any person other than those of your employees that have been authorised by you to complete and print certificates of insurance by means of the System. Allowing any other person to use your Secure Username, using a Secure Username assigned to another person or attempting to gain access to resources for which you are not authorised is a serious breach of security. In addition, you agree:
a) to ensure that your employees authorised to use your Secure Username agree to these terms and conditions;
b) to maintain the security of the Secure Username;
c) to be responsible for all activities executed under your Secure Username;
d) to ensure that your Secure Username is only used by persons authorised by you to access the Systems;
e) that we may rely on any certificate or certificates completed following access to a System by a person using your Secure Username without the need to enquire as to the person's authorisation;
f) that we may nevertheless undertake any action to verify the source or accuracy of any access to a System by a person using your Secure Username; and
g) to indemnify Allianz Group against any losses arising as a result of any unauthorised access to a System by a person using your Secure Username.
Access
The right to access the System is:
(a) available to anyone acting on your behalf who is employed by you and acts in accordance with any user instructions that may be made available to you by Allianz Global Corporate & Specialty from time to time;
(b) applicable only in respect of insurance policies issued to you by Allianz Global Corporate & Specialty that are confirmed as having E-Certificate capability and renewals of these policies;
(c) dependent on the policies being current;
(d) personal to you. You may not assign, sub-license, grant any trust in respect of or otherwise transfer, dispose of or encumber any of your rights or obligations under these terms and conditions or purport to do any of these things. Allianz Global Corporate & Specialty may assign any obligation that it may have under these terms and conditions to any Affiliate or in connection with any sale of any part of its insurance business.
Confidentiality
The information held on the restricted areas of the System is CONFIDENTIAL and PRIVATE PROPERTY.
You undertake to treat all such information as strictly private and confidential except to the extent that it comes into the public domain other than as a result of breach of these terms and conditions. Access to such information is only authorised for use in connection with your policy with Allianz Global Corporate & Specialty by authorised users of the restricted areas of the System accessing information in accordance with these terms and conditions. You should note that unauthorised access contravenes the Computer Misuse Act 1990 and may incur criminal penalties and damages. You may not permit the disclosure of such information to any person who does not have a Secure Username. You acknowledge that damages would not be an adequate remedy for breach of these terms and conditions and Allianz Global Corporate & Specialty and its Affiliates shall be entitled to equitable relief including injunctions for any threatened or actual breach and no proof of special damages shall be necessary for enforcement of these terms and conditions.
Using information from the System
Details of our products and services available by means of the System are provided for information only. Insurance coverage statements on the System are for general description purposes only. The System cannot be used to amend, modify or supplement policies issued by Allianz Global Corporate & Specialty and can only be used to produce certificates under existing policies.
The information and functionality contained on the System is provided "as is" and no warranty (express or implied) is given. Allianz Global Corporate & Specialty does not warrant that the information and functionality is accurate, suitable, fit for purpose, free from defects or viruses (or other harmful components), adequate, timely or complete. Nothing on the System shall constitute an offer to sell or solicitation or offer to buy any investment, security or financial instrument or any advice or recommendation in respect of any investment, security or financial instrument or engage in any transaction or otherwise constitute advice of any kind.
Provided that you have been issued with a secure user name and password and otherwise comply with these terms and conditions, each policy to which the certificate(s) relate(s) and the User Guide you are entitled to produce certificates of insurance electronically following the form prescribed from time to time by Allianz Global Corporate & Specialty. You are responsible for checking that any certificate produced by you using the System is accurate and correct. You must not produce or attempt to produce a certificate confirming insurance cover that:
(a) individually or collectively with any other certificates already issued (whether pursuant to these terms and conditions or otherwise) exceeds the amount of insurance cover available to you under the policy to which the certificate relates;
(b) is not permitted by or is in respect of any item or shipment that is not covered by the policy to which the certificate relates.
If you download information from restricted areas of the System and use that information otherwise than in accordance with applicable restrictions, you hereby agree to indemnify Allianz Global Corporate & Specialty against any loss or damage incurred by Allianz Global Corporate & Specialty (including without limitation any legal fees) arising directly or indirectly as a result.
(a) may write an application that interfaces with the System;
(b) are responsible for complying, and you represent, warrant and covenant that the third party will at all times comply, with all applicable laws or regulations of any applicable jurisdiction. You represent, warrant and covenant that the third party will not use System or your application: (i) in a manner that infringes, violates or misappropriates any intellectual property rights of Allianz Global Corporate & Specialty;
(c) may not interfere or attempt to interfere in any manner with the functionality or proper working of the System;
(d) agree to provide such additional information and/or other materials related to your application as reasonably requested by us or our affiliates to verify your compliance with this terms and conditions. If your application is available as an online solution, you acknowledge and agree that we (and/or our affiliates) may crawl or otherwise monitor your application for the purpose of verifying your compliance with these terms and conditions, and that you will not seek to block or otherwise interfere with such crawling or monitoring (and that we and/or our affiliates may use technical means to overcome any methods used on your application to block or interfere with such crawling or monitoring). If your application is a desktop solution, you agree to furnish a copy of your Application upon request for the purpose of verifying your compliance with these terms and conditions;
(e) acknowledge and agree that you will not: (i) display or reference on or within your application, any trademark or logo of any third party; or (ii) modify or alter any Allianz Global Corporate & Specialty property that consists of a graphic image, other than to resize it.
If your application is determined (for any reason or no reason at all, in our sole discretion) to be unsuitable for the System, we may suspend your access to the System or terminate this Agreement at any time, without notice.
Display
(a) You may display the Allianz Global Corporate & Specialty Properties in any format you choose, subject to the terms and conditions contained herein.
(b) You cannot add additional information to Allianz Global Corporate & Specialty Properties, for instance by inserting words.
(c) You may not remove, obscure, or alter any notice of patent, copyright, trademark, logo or other proprietary right appearing on or contained within Allianz Global Corporate & Specialty or within any Allianz Global Corporate & Specialty Properties.
(d) If you display any Allianz Global Corporate & Specialty Properties within your application, you must add the following disclaimer in a place that is reasonably viewable by the authorized user of your application: "PLEASE KEEP IN MIND THAT SOME OF THE CONTENT THAT WE MAKE AVAILABLE TO YOU THROUGH THIS APPLICATION COMES FROM ALLIANZ GLOBAL CORPORATE & SPECIALTY. ALL SUCH CONTENT IS PROVIDED TO YOU "AS IS." THIS CONTENT AND YOUR USE OF IT ARE SUBJECT TO CHANGE AND/OR REMOVAL AT ANY TIME."
(e) You may not continue to use, and must immediately remove from your application and any personal database or server (or any other repository in your possession or under your control), any Allianz Global Corporate & Specialty Properties that return a null value when we notify you are no longer available for use.
f) You may not store any Allianz Global Corporate & Specialty Properties in any database, or network of servers, or other repository, either with or without a central location, which enables others to share the Allianz Global Corporate & Specialty Properties without our prior written consent.
If you are unsure of whether what you wish to do is permitted under these terms and conditions please contact cargo@ma.allianz.com.
Copyright and Proprietary Notice
All intellectual property rights (including without limitation all copyrights and trade marks) in the System, the information located at the System and the prescribed form of certificate that is available by means of the System are owned by or licensed to Allianz Global Corporate & Specialty.
Your Conduct
Your use of the System is subject to you using the System in a responsible manner and in accordance with any guidelines, User Guide, standards and requirements issued or brought to your attention by Allianz Global Corporate & Specialty from time to time. You should inform Allianz Global Corporate & Specialty’s Compliance Officer immediately if you discover any act or omission by any person which is, or which if done by you or on your behalf would be, contrary to any of these terms and conditions.
YOU MUST NOT MISUSE THE System (including, without limitation, by hacking) other than to the extent permitted in law.
Allianz Global Corporate & Specialty will cooperate with any law enforcement authorities or court order requesting or directing Allianz Global Corporate & Specialty to disclose the identity or locate anyone acting in contravention of these terms and conditions.
Disclaimer
You acknowledge that the provisions of this disclaimer are fundamental to the terms and conditions without which Allianz Global Corporate & Specialty would not make the System available to you. You acknowledge that the limitations and exclusions in these terms and conditions are reasonable in all the circumstances.
It is the responsibility of each person accessing or using the System to evaluate the accuracy, completeness, reliability and usefulness of any information or material available at the System. All warranties, conditions or other terms implied by statute, common law or otherwise are excluded to the maximum extent permitted by applicable law. Allianz Global Corporate & Specialty does not give any assurance that the System will be error free or available for use or that any marine insurance certificate produced by means of the System will be accurate, complete or acceptable to any third party as evidence of a valid insurance policy whether by reference to a letter of credit or otherwise and Allianz Group hereby excludes to the fullest extent possible in law all liability and responsibility for any amount or kind of loss, damage, expenses, costs or liability that may result to you or a third party including without limitation, any direct, indirect, punitive or consequential loss or damage, or any loss of income, profits, anticipated savings, additional operational or administrative costs or expenses, goodwill, data, contracts, use of money whether in tort (including without limitation, negligence), contract, operation of law or otherwise in connection with the use, inability to use, or the results of use of the System, any sites linked to the System or the information on the System or any error, failure, discrepancy, inaccuracy, malfunction, delay, fault or omission in the production of any certificate or its contents or any act, omission or conduct of any person using or relying on any certificate produced using any of the System. If any of these terms and conditions would otherwise be held invalid, the invalid term or condition shall be interpreted as applicable only to the extent permitted without being invalid and the remainder of the terms and conditions shall not be affected.
Data Protection
In the course of using the System or otherwise during the relationship between you and Allianz Global Corporate & Specialty you may be asked to provide information for the purposes of administering your policy of insurance. You agree that we may use and may pass such information to other members of the Allianz Group, loss adjusters, claims handlers, reinsurers, brokers, agents, regulatory authorities or third parties providing processing services to or otherwise acting on behalf of Allianz Group in each case wherever located for use in connection with these purposes.
You confirm that:(a) you consent to use of the information in accordance with these terms and conditions;
(b) if you provide us with any information regarding third parties, you have obtained consent from the third parties to enable use of the information in accordance with these terms and conditions;
(c) none of the information that you provide to us is sensitive data (as that term is understood by reference to the Data Protection Act 1998);
(d) we may contact you by electronic mail or by other means in connection with goods and services that we may think may be of interest to you.
Indemnity
You hereby indemnify Allianz Global Corporate & Specialty against any losses suffered by reason of:
(a) any failure or delay by you in complying with these terms and conditions;
(b) any claim by a third party based upon a certificate of marine insurance produced by you using the System that is inaccurate or incomplete;
(c) any failure or delay by a third party, to which you delegated the printing of System or made System available, in complying with these terms and conditions.
Complaints Procedure
If you experience any problems with our System or if you have any questions concerning any aspect of our System or the products referred to then please contact cargo@ma.allianz.com.
Regulatory Details
Allianz Global Corporate & Specialty is the UK branch of Allianz Global Corporate & Specialty SE, Königinstrasse 28, 80802 München, Germany.
UK Branch registered office: 60 Gracechurch Street, London EC3V 0HR UK. Company No. FC024389. Branch No. BR006950.
Authorised by Bundesanstalt für Finanzdienstleistungsaufsicht.
Termination
We will be entitled immediately suspend or terminate your use of the System if we consider that you have failed to comply with any of these terms and conditions or if these terms and conditions cease to apply to you or by giving you not less than 48 hours notice.
General
You agree that we or our representatives (who may be third parties) may audit your compliance with these terms and conditions and that our audit may include inspection of your Systems used and practices and procedures followed both remotely and by attendance at your premises. You agree to take such steps as we request to facilitate any such audit.