1. The licences granted to you for the use of the Provision Design Website(s)
(i) access and browse the Provision Design Website(s) for the use as permitted by your company only
2. The processing of your personal data
3. User age restrictions
4. Rights to the Provision Design Website(s) and their content
We welcome any feedback or suggestions for improvements relating to the Provision Design Website(s) and/or any related products and services offered by us from time to time (Feedback). Where you provide Feedback to us you agree that we and our affiliates shall have a royalty free right to use such Feedback for such purposes as we see fit from time to time, including, without limitation, to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion, and we shall not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use this.
5. Use of the Provision Design Platform
Different membership levels may apply to the Provision Design Accounts of different users and, depending on the membership level you hold, your entitlement to access functionality of the Provision Design Platform may vary.
Super User – will be responsible for the administration of an organisation’s account. A Super User can approve and reject new Members and Administrators and remove existing Members and Administrators. A Super User can create products, schemes and specialisations that will be advertised on Provision Design and can also approve new products, schemes and specialisations created by Administrator and Member profiles. A Super User can edit the organisation’s page and delete the organisation’s account. All additional functionality is available to this user type.
Administrators – will be able to approve and reject new Members and approve Member created specialisations. An Administrator account can create products, schemes and specialisations and add template products, schemes and specialisations. Administrators can edit their own profile. All additional functionality is available to this user type.
Members - will be able to create specialisations that will be approved by an Administrator or Super User to advertise risk. Members can add products, schemes and specialisations created by an Administrator or Super User profile. A Member will be able to edit their personal profile. Additional functionality is limited to this user type.
Process for access
In order to use the Provision Design Website(s), a user account (an Provision Design Account) must be created. Only users who are part of an organisation that has an Provision Design Account(Provision Design Organisation Account) will be able to create an Provision Design Account.
In order to create an Provision Design Organisation Account, the Super User will register the details of their Organisation. Following its due diligence process, Provision Design will inform the Super User if the Provision Design Organisation Account has been accepted.
An individual who is party of an Organisation with an Provision Design Organisation Account can then request to create an Provision Design Account. In doing so, the user will apply for either an Administrator or Member account. If an Administrator account has been requested, the Super User may approve or reject it. If a Member account has been requested, an Administrator or a Super User may approve or reject it. If approved, the Provision Design Account will be created.
A SUPER USER WILL BE SOLELY RESPONSIBLE FOR ENSURING THAT AN ADMINISTRATOR IS AN “AUTHORISED PERSON” WITHIN THE MEANING OF THE FINANCIAL SERVICES AND MARKETS ACT 2000 (FSMA). THE SUPER USER OR ADMINISTRATOR THAT APPROVES A MEMBER PROFILE REQUEST WILL BE SOLELY RESPONSIBLE FOR ENSURING THAT THAT MEMBER IS AN “AUTHORISED PERSON” WITHIN THE MEANING OF FSMA.
You are responsible for all uses of your Provision Design Account whether by you or a third party. You should ensure that you use a strong password for your Provision Design Account and that the details of your password are kept confidential and secure at all times. To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorised use of your Provision Design Account resulting from your failure to maintain restricted access to your computer or device, the confidentiality or security of your user details or failure to use a strong password.
Your Provision Design Account logs details of all conversations with other users using the Provision Design Website(s) generated by you. A copy of an initial message sent to you by another user will be sent to the email address that you provide to us. Please review your Provision Design Account regularly. If you identify any unexpected activity on your Provision Design Account, or you believe that the security of your Provision Design Account has been compromised, you must let us know as soon as possible.
When accesssing Provision Design on a mobile web-browser, you acknowledge and agree that Provision Design operates in the background of your mobile device, which in turn may have an impact to the battery life of such device.
6. Acceptable Use
You agree that you shall not:
advertise any insurance products, services or other benefits without the authority to do so from your company and/or regulator;
advertise or share any media that is not related to insurance or insurance products, services or other benefits;
advertise any false or misleading information, and shall ensure that all risk advertising is up to date at all times;
operate more than one Provision Design Account;
act in a manner that is in any way misleading or illegal or that encourages such activities, including engaging in “phishing” or otherwise obtaining financial or personal information in a misleading manner or for misleading purposes;
reproduce, frame, display or mirror the Provision Design Website(s) other than as a necessary consequence of their normal operation by you;
harass, intimidate, trouble or cause offence to any other user;
make contact with another user that has requested that you do not contact them;
post any sensitive financial information or any information in connection with a product, service of other benefit that you offer without having the relevant authority to do so from your employer;
lie about your age or sex, give a false name, pretend to be someone you are not, or attempt to impersonate or misappropriate another's name or identity;
infringe our intellectual property rights or those of any third party in relation to your use of the Provision Design Website(s);
transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the Provision Design Website(s);
use the Provision Design Website(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
employ any technology that interferes in any way with the proper operation of the Provision Design Website(s), including by blocking any advertising or promotions displayed thereon; or
collect or harvest any information or data from the Provision Design Website(s) for any commercial purpose, save as otherwise agreed in writing by us.
If we discover any breach of this Section 6 by you, we may immediately suspend or terminate your access to Provision Design and remove and delete any content from the Provision Design Website(s) violating this Section 6.
7. Termination of your Provision Design Account and effects of termination
A Super User has the ability to terminate the Provision Design Account of a Member or an Administrator. Upon termination of your Provision Design Account:
you will no longer have a right to access the profile linked to your Provision Design Account or use any part of it even if governed by any separate or additional terms or licence agreements;
you will no longer have access to any of the content that was posted by you on or through the Provision Design Website(s); and
all such content will be immediately deleted from the servers including any contacts, profile and other Provision Design Account information, and it will not be recoverable.
We have no obligation to assist you in migrating any of your content to another backup device, system or network platform and we do not keep backup copies of your content to enable restoration of your Provision Design Account once deleted.
8. Changes and updates to the Provision Design Website(s)
Provision Design reserves the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable your access to Provision Design Website(s), and/or (ii) alter the functionality or contents of the Provision Design Website(s) with or without notice to you.
We may issue updates to Provision Design from time to time. Depending upon the nature of the update, you may not be able to continue to use Provision Design until it has been updated.
9. Contacting us
In relation to any matters concerning the Provision Design Website(s), including any feedback, questions, complaints or claims, please contact us by email to [email protected]
Information about the European Commission’s Online Dispute Resolution platform is available at ec.europa.eu/odr.
Provision Design welcomes any feedback you may have on the platform.
10. No warranty
The Provision Design Website(s) is provided “as is” and “as available” without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, or completeness of the Provision Design Website(s) or the contents of any of them. Provision Design does not warrant or undertake that use and availability of the Provision Design Website(s) will be uninterrupted or error-free.
TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE PROVISION DESIGN WEBSITE(S). IF THIS EXCLUSION DOES NOT APPLY UNDER APPLICABLE LAW THE LIABILITY OF SWEATCO IN RELATION TO ANY SUCH WARRANTY SHALL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Third Party Content
For your convenience Provision Design may include in the Provision Design Website(s) links to other sites on the internet that are owned or operated by third parties (Third-Party Websites). You also agree that Provision Design has no control over the content of Third-Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third-Party Websites by you.
The Provision Design Website(s) may include content submitted by other users of the Provision Design Website(s) (Third Party Content). You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third-Party Content.
The fact that we may link to a Third-Party Website, or display Third-Party Content, does not imply that we endorse the site or the products or services on such Third-Party Website or that we have reviewed, approved, or verified the Third-Party Content.
12. No Regulated Advice
Your Provision Design Account allows you to monitor and access information about risk products that other users may be advertising on Provision Design. PROVISION DESIGN PROVIDES A PLATFORM FOR USERS TO ADVERTISE, DISCUSS AND POTENTIALLY ENTER INTO AGREEMENTS IN RELATION TO INSURANCE PRODUCTS SOLELY AT THEIR OWN RISK. THE PLATFORM WE PROVIDE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, ANY FORM OF MARKET EVALUATION OR REGULATED OR FINANCIAL ADVICE OR OPINION.
From time to time we may make available additional terms or guidance in relation to the usage of the Provision Design Website(s), and where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use any Provision Design Website(s).
14. Provision Design Platform
The Provision Design Website(s) enable users to connect with others in the insurance space, including to advertise insurance products to other users that may wish to underwrite them (such functionality being the Provision Design Platform).
You agree that Provision Design has no responsibility for any products, services or other benefits offered by you or by any third party on the Provision Design Platform. You agree that we have no control over and do not guarantee the quality, safety or legality of any products, services or other benefits offered by users, the truth or accuracy of their offers, the ability of users to provide any goods, services or other benefits offered, or that a user will actually complete or perform a transaction. Save as otherwise expressly agreed with you, we and our affiliates do not act as agent, contractor, partner or any form of representative of you or any other user of the Provision Design Platform. Our operation of the Provision Design Platform should not be taken as an endorsement (express or implied) of any products, services or other benefits offered on it, nor of any user.
Provision Design is entitled to alter the selection of products, services or other benefits on offer by any user or group of users in its absolute discretion. Where we wish to do this, we will notify you first and give you the opportunity to de-list the relevant product(s), services or other benefits.
You represent and warrant to us that any products, services or other benefits that you offer on the Provision Design Platform will: (i) conform to the description you provide for them, (ii) comply with all applicable laws and regulations, (iii) conform to our acceptable use requirements (stated in Section 6 above), and (iv) be delivered in full once a user enters into an agreement with you for that product, service or other benefit in accordance with your stated terms and conditions.
You agree that disputes in relation to an agreement for any products, services or other offered via the Provision Design Platform shall be resolved in accordance with the terms and conditions applicable to the relevant transaction between the parties to such transaction. We accept no liability in connection with any transaction that occurs as a result of the relevant product, service or other benefit being offered on the Provision Design Platform.
We make no representation, warranty or undertaking that the offer, sale, purchase, use or agreement in connection with any products, services or other benefits offered on the Provision Design Platform is valid and legal under the laws that apply to you. You accept sole responsibility to ensure the legality of any offer, sale, purchase, use or agreement in connection with any products, services or other benefits that you list or enter into using the Provision Design Platform.
You warrant that your use of the Provision Design Platform will not breach section 21 of FSMA and you agree to indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other reasonable professional costs and expenses) suffered or incurred by Provision Design arising out of or in connection with any such breach of section 21 of FSMA.
15. Limitation of liability
You acknowledge that the Provision Design Website(s) has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Provision Design Website(s) meet your requirements before use. To the maximum extent permitted under applicable law we have no liability whether in contract, tort (including negligence) or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with the Provision Design Website(s) and/or this Agreement, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, the Provision Design Website(s) or any inaccurate or incomplete content on either.