TERMS OF BUSINESS AGREEMENT FOR GENERAL INSURANCE
- You may only use the login ID, password and (where relevant) other security processes and devices issued to you to access ZTrade.You must not disclose or share these details with any other person.You must report to Us any compromise to, or misuse of,these details.
- You must ensure that any data input, processed, printed or disseminated by you through ZTrade is up-to-date, true, accurate and not misleading.
- You may only access and use ZTrade (and any material available on ZTrade) to trade and administer insurance business for the small and medium enterprise (SME) clients of the broker that has registered you for ZTrade.
- You must not access or use ZTrade if you are suspended by, or cease working for, the broker that has registered you for ZTrade. We may also suspend or prohibit you from accessing or using ZTrade at any time.
- We make use of session cookies in operating ZTrade. More information on this can be found at www.zurich.co.uk/services/cookies.
The following capitalised words are used below: “We”, “Our” and “Us” means Zurich Insurance plc (UK branch) (and any other entities identified as such in the TOBA). "You" means the broker that has registered you for ZTrade and who has entered into the TOBA with Us.
ACCESS AND USE OF ZTRADE
- You may not allow any person other than Your Authorised Users (as described in Clause 4) to access or use ZTrade.
You shall only exercise the right to access and use ZTrade:
- through the website at www.ZurichforBrokers.co.uk (or such alternative website as We may select from time to time) (referred to as the “Portal”);
- to the extent necessary for the purpose of trading and administering insurance business for Your clients with Us; and
through the Authorised Users.
You shall not access or use ZTrade in any other way or for any other purpose. In particular, You shall not access or use ZTrade for the benefit of any person other than You.
- comply with all security requirements that We may inform You of relating to ZTrade (including by using virus screening and firewall software to minimise the risk of a virus contaminating ZTrade), and not attempt to bypass any security mechanism that We have in place;
- be responsible for satisfying the minimum hardware and software requirements for accessing or using ZTrade that We may inform You of. Failure to do so may prevent access and use of ZTrade or adversely affect ZTrade;
- comply with any policies, usage restrictions, or limitations imposed by Us from time to time in relation to ZTrade;
- ensure adequate and proper training, supervision and management of the Authorised Users when accessing and using ZTrade;
- not copy, make derivative works of, adapt, reverse engineer, decompile, disassemble, modify, adapt or make corrections to any part of ZTrade;
- not remove or alter any copyright or other proprietary notice appearing in or on ZTrade.
- References to access or use of ZTrade by You shall include access to or use of ZTrade by an Authorised User. Any act or omission by any Authorised Users shall be deemed to be Your act or omission for which You are wholly responsible. Accordingly, any obligation on You not to do anything shall include an obligation on You not to allow that thing to be done by an Authorised User or any other third party.
- ZTrade is directed solely at those accessing and using it from the UK. Accessing or using ZTrade from locations where ZTrade (or materials available through it) is illegal or unlawful is prohibited. If You access or use ZTrade from outside of the UK, You do so at Your own risk and are responsible for compliance with local laws.
- You shall ensure that one of Your Authorised Users is appointed to manage access and use of ZTrade on Your behalf – this individual is referred to as the "Administrator".
The Administrator shall be provided with administration tools
available through the Portal to:
- manage, within parameters that We define, how ZTrade is configured for access and use by the Authorised Users;
- create, manage and remove Authorised User access and use rights; and
- generally acting as the primary point of contact in relation to Your access and use of ZTrade.
You, through the Administrator, shall be responsible for:
- ensuring that only appropriate individuals are added as Authorised Users;
- allocating and re-setting Authorised User login ID and passwords;
- ensuring that each Authorised User is provided with access and use rights only in respect of those functions on ZTrade that are appropriate for it;
- not allowing any Authorised User's profile or login ID or password to be used by more than one individual; and
- ensuring that an Authorised User access and use rights are modified or (as appropriate) disabled immediately if that Authorised User is no longer permitted to access or use ZTrade on Your behalf. In particular, You must ensure that any individual that is suspended, or ceases working for You, (be it a normal Authorised User or an Administrator) has its ZTrade access and use rights immediately removed so that they are no longer an Authorised User.
- You may change the Authorised User that You nominate as the Administrator by notifying Us of the new Administrator’s details and following Our related authorisation procedures.
YOUR AUTHORISED USERS
You may only allow the following to access or use ZTrade:
individuals that are either:
- Your employees; or
- (if not Your employees) named and approved of by Us in writing; and
- each individual must also be engaged in performing Your obligations under the TOBA and authorised to act for and on Your behalf when accessing or using ZTrade.
The individuals that satisfy the above criteria and are authorised to use ZTrade for and on Your behalf are referred to as “Authorised Users”. Access and use of ZTrade by Authorised Users shall be managed by the Administrator, as described in Clause 3.
- individuals that are either:
- safeguard and keep confidential;
- be fully responsible for (including for all use of); and
ensure that only the Authorised Users have access to,
the Authorised User login IDs, passwords and other security processes and devices related to ZTrade that may be provided to You. Each Authorised User may only use the unique login ID, password and (where relevant) other security processes and devices issued to it – the same login ID may not be used by more than one named individual.
notify Us immediately if:
- any login ID, password or other security process or device has (or may have) been compromised (including by one Authorised User obtaining the password of another Authorised User) or is no longer required; or
- promptly take any steps directed by Us (acting reasonably) to preserve Our rights in ZTrade, or to otherwise protect ZTrade (including to protect the confidentiality of data accessible through ZTrade).
- You may only allow the following to access or use ZTrade:
CONFIDENTIALITY AND DATA PROTECTION
- You shall process personal data, and ensure that security procedures are in place, in accordance with the TOBA.
In particular, You shall:
ensure that all data input, processed, printed or
disseminated in any way by You through ZTrade:
- is lawfully provided, with all necessary consent having been obtained from any person to whom such data relates before it is input, processed, printed or disseminated;
- is not defamatory, discriminatory, offensive, or harmful;
- does not infringe any third party right or any other duty or obligation; and
- is and remains, up to date, true, accurate and not misleading; and
- comply at all times with the Data Protection Act 1998 and any other relevant data protection or privacy legislation to which You may be subject in any jurisdiction in connection with ZTrade or otherwise in connection with the processing of personal data.
- ensure that all data input, processed, printed or disseminated in any way by You through ZTrade:
HOW WE MAY CONTACT YOUR AUTHORISED USERS
- When each Authorised User is registered for ZTrade, information will be provided by You to Us about them. This will include contact details for the individual. We will use this information to provide Our services and operate ZTrade. We may also use this information to communicate with the Authorised Users, as described below. You are responsible for ensuring that We are entitled to use the information that is provided to Us in this way.
- Once registered for ZTrade, each Authorised User may receive promotional e-mail communications from Us and Our group (including Zurich Insider). Each Authorised User can inform Us of his or her marketing preferences, or opt-out from receiving this material, by contacting Us at email@example.com.
- As noted above, Authorised Users may be contacted by Our group and We can share relevant information about the Authorised Users with them for this purpose. If an Authorised User would prefer that We do not share his or her information on an ongoing basis with Our group for marketing purposes, he or she may opt-out of this by contacting Us at the e-mail address shown above.
- We aim to comply with opt-out requests received from Authorised Users within a reasonable time.
- Please note that if any Authorised Users opt-out of receiving marketing communications from Us or Our group, We will still send them important or administrative communications. Authorised Users are not able to opt-out of these communications.
ACCESS SUPPORT FOR ZTRADE
- We provide an access support team to assist with queries concerning ZTrade. The contact details will be available through the Portal. Queries from Authorised Users about login IDs, password resets, and similar, should first be referred to the Administrator.
- We shall use reasonable care in answering any queries put to the access support team. However, the access support team is a free technical facility that does not provide advice on insurance product or regulatory matters. Accordingly, We do not accept responsibility for use of responses that the access support team may (or may not) provide.
CONTROL OF ZTRADE
- We shall control all aspects of ZTrade. In particular, We shall be entitled to (at Our discretion) introduce modifications, upgrades and new releases of any part of ZTrade and to introduce replacement hardware and software within ZTrade.
- You shall promptly provide all co-operation and assistance (including answering questions and providing explanations) reasonably requested by any person carrying out installation, investigation, attempted resolution, support or maintenance related to ZTrade.
- We may at any time (at Our discretion) suspend or restrict Your right to access and use ZTrade or suspend or restrict the access to and use of ZTrade by any Authorised User. We shall determine the period of any such suspension or restriction.
- We shall, in so far as We consider it reasonably practicable, provide You with advance warning of suspension or restriction under Clause 8.3. If We do not give You prior warning of such suspension or restriction, We shall inform You within a reasonable period thereafter. We shall not exercise Our rights to suspend or restrict Your right to access and use ZTrade under Clause 8.3 unless We consider that such suspension or restriction is justified.
AUDIT, MONITORING & COOKIES
- Your access to and use of ZTrade may be audited by Us in accordance with the TOBA. Without limiting these rights, Our audits may (for example) look at whether You are properly administering Your Authorised User accounts, and how ZTrade is accessed and used by Your Authorised Users. We may also use online tools available to Us to remotely monitor Your access and use of ZTrade.
TERMINATION OF YOUR RIGHTS
- We have the right to terminate Your, or any Authorised Users', access and use of ZTrade at any time at Our discretion.
- Your rights to access and use ZTrade shall terminate automatically (without notice) upon the termination (for whatever reason) of the TOBA.
LIMITS ON OUR LIABILITY RELATING TO ZTRADE
- We do not charge for Your right to access or use ZTrade. Accordingly, We do not accept, and We expressly exclude, any liability (whether arising in contract, tort or otherwise and whether or not due to Our negligence) which We may otherwise have to You in connection with ZTrade.
- Whilst We shall endeavour to ensure that ZTrade operates properly, You must ensure that the results and other information produced by ZTrade are appropriate for the use that You make of that material. If You identify any error in that material, You must: (i) not use it; and, (ii) promptly inform Us of the error so that We can investigate it.
Notwithstanding Clause 11.2, We do not warrant, represent,
undertake, guarantee or give any other commitment to You and
shall have no liability (whether in contract, tort or otherwise)
to ensure that ZTrade is free from errors or defects, operates
without interruption, is compatible with any hardware or
software, or meets any of Your specifications or
requirements. You agree that:
- access to or use of ZTrade may not be possible from time to time for technical or other reasons;
- performance of ZTrade may from time to time be adversely affected or impaired for technical or other reasons;
- We are not liable for loss or damage incurred by You arising out of Your access or use of ZTrade; and
- Where ZTrade contains links to sites and resources provided by third parties, these links and resources are provided for Your information only. We have no control over the contents of those sites or resources, and do not accept responsibility for them.
OUR PROPRIETARY RIGHTS TO ZTRADE