1.1 The Hiscox.com website (‘Site’) is provided for your information by Hiscox Ltd, 4th Floor, Wessex House, 45 Reid Street, Hamilton HM12, Bermuda. (‘Hiscox’) and the terms and conditions set out below are also for the benefit of all companies which, in relation to Hiscox (as defined above), are a subsidiary of it and all companies which are a subsidiary of any subsidiary of Hiscox (as defined above), the term ‘subsidiary” being as defined in section 736 Companies Act 1985. (‘Hiscox Group’). These are the general terms and conditions that govern your use of this Site. Please read these terms and conditions carefully. By using the Site you agree to be bound by these terms and conditions. If you do not wish to be bound by these terms and conditions, you may not continue to use or access the Site.
1.2 These terms and conditions may change or be updated from time to time. It remains your responsibility to access and check these terms and conditions whenever you access the Site. The latest version of these terms and conditions will govern any future usage by you of the Site.
What you are allowed to do
2.1 You may:
(a) browse the Site using a compatible web browser (this Site is compatible with Internet Explorer 5.0 and above (Windows), Internet Explorer 5.0 (Macintosh), Netscape Navigator 6.1 and 7.0 (Windows), Mozilla (Windows), Opera (Windows), and Safari (Macintosh)). Permission to browse the Site includes permission to make transient or cached copies of parts of the Site to the extent that this occurs in the normal course of using your browser and that these copies are used only to facilitate current or subsequent access to the Site by you;
(b) print a copy of any page of the Site for your own personal purposes, provided you do not do any of the things set out under the heading ‘What you are not allowed to do’, below.
3 What you are not allowed to do
3.1 Except to the extent expressly set out in these terms, you are not allowed to make any copies of any part of the Site.
3.2 You may not remove or change anything on the Site.
3.4 You are not allowed to remove or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Site.
3.5 You must not seek to introduce any computer virus (including any variant or similar malicious code or instructions) to the Hiscox systems, nor deliberately seek to prevent or hinder the Site’s usual operations in any manner whatsoever.
4 Compliance with laws
4.1 You must only use the Site and anything available from the Site for lawful purposes, and you must comply with all applicable laws, statutes and regulations.
4.2 This Site complies with all applicable English laws and regulations.
4.3 This Site contains general information on Hiscox and its products and services and this Site and its contents are not intended to constitute investment or other advice (nor any solicitation to participate in investment or other business) in any country in the world.
4.4 Without prejudice to clauses 4.3 and 11, the Hiscox products and services detailed in this Site are only offered publicly through hiscoxonline.com and intermediaries as appropriate (and not via this Site) in those jurisdictions where it is lawful to do so and this Site is only directed at such jurisdictions. By using this Site you agree that you will familiarise yourself with and adhere to any restrictions that may exist in your jurisdiction in relation to any products or services referred to in this Site.
5 Your personal information
6.1 All intellectual property rights in any material (including text, photographs and other images and sound, trade marks and logos) contained in this Site is either owned by Hiscox or has been licensed to Hiscox by the rights’ owner(s) so that Hiscox can use this material as part of its Site. You are only allowed to use this Site and the material contained in the Site as set out in these terms.
7 Disclaimer and limitation of liability
7.1 Hiscox does not, and nothing in these terms and conditions shall act to, exclude or limit Hiscox’s liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. Your statutory rights as a consumer are not affected by any of these terms.
7.2 You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis and that your use of the Site is at your sole risk. On that basis, except as expressly set out in these terms, Hiscox does not enter into conditions, warranties or other terms in relation to the Site (including any implied term relating to quality or fitness for a particular purpose).
7.3 Subject to clause 7.1, in no event shall Hiscox be liable (whether for breach of contract, negligence or for any other reason) for any loss or damage which you may claim to have suffered by reason of your accessing and use of the Site, including (but not limited to) loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.
7.4 Hiscox tries to make sure that all information contained on the Site is correct, but it does not accept any liability for any error or omission. You should check with Hiscox or the relevant supplier before acting on any information on the Site. Hiscox is not liable for any action you may take as a result of relying on any information provided in this Site.
7.6 The Site includes links to external sites and co-branded pages. Hiscox has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. Also, you may have linked to this Site from another website. However, Hiscox is not responsible for the content of any of these sites and pages or for anything provided by them and accepts no liability for the content or for any loss or damage caused or alleged to have been caused by the use of or reliance on information contained in such sites or goods or services purchased from them. If you decide to access any website other than the Site you do so entirely at your own risk..
7.7 Without prejudice to the generality of clause 7.6:
(a) The list of suppliers in the section of the Site headed ‘approved services’ are provided to help you find services and/or products which may be useful to you. However, you are solely responsible for deciding whether any of these services and/or products and/or suppliers are suitable for your purposes and Hiscox takes no responsibility for the suppliers listed and/or their services and/or products.
7.8 Other Hiscox websites (whether or not expressly linked to from the Site) may contain terms and conditions that are different from these terms and conditions. These terms and conditions relate to this Site only. When visiting other Hiscox websites (for example, www.hiscox.co.uk and www.hiscox.com) please read the terms and conditions governing the use of such websites, which shall be binding upon you.
8 Suspension and termination of service
8.1 Hiscox may suspend the operation of the Site at any time, for example for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will not necessarily be uninterrupted or error free.
8.2 Hiscox may terminate your access to the Site immediately in the event you breach any of these terms and conditions.
8.3 Hiscox in any event reserves its right to withdraw the Site from public access at any time, at its complete discretion.
9.1 If you have any enquiries or complaints then please address them to:
Telephone: +44 (0)20 7448 6000
Email: [email protected]
1 Great St Helen's, London, EC3A 6HX
10 General and governing law
10.1 Hiscox may change these terms and conditions from time to time and will endeavour to notify you of any major changes by posting a message on the Site. However, by browsing the Site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter of their terms or your use of the Site. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. Hiscox may delay enforcing its rights under these terms and conditions without losing them. You agree that Hiscox may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice. These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
11 US business
11.1 Hiscox’s ability to do business in the USA and US territories is restricted because Hiscox is not a US-based insurer. Without prejudice to clause 4.3 above, the sections of the Site referring to US business provide general information on Hiscox’s products and services only and are not intended to and do not constitute a solicitation of business from or in respect of the USA and US territories.
11.2 Enquiries as to insurance or other products or services from US residents should be directed to an insurance agent or broker licensed to conduct business in the relevant US state and, without prejudice to the foregoing, anyone requiring further information about an insurer’s ability to do business in the USA and US territories should contact an appropriate insurance intermediary for advice.
12.1 Hiscox makes no warranty of any kind, express or implied, as to the operation of the ‘Investors’ section of the Site or the accuracy of the information included therein. Hiscox shall not be liable for any alleged loss or damage which may result from the use of such information and such information is not an invitation to invest in the shares, or any other products or services or otherwise deal in these or enter into a contract with Hiscox. The information provided in the ‘Investors’ section of the Site should not be relied upon in connection with any investment decision. The past performance of Hiscox cannot be relied upon as a guide to its future performance. The price of shares and the income derived from them can go down as well as up and investors may not recoup the amount originally invested.
13 Contracts (Rights of Third Parties Act) 1999
13.1 These terms and conditions are for the benefit of the Hiscox Group (as defined above) and they may rely on them and any and all members of the Hiscox Group may enforce the provisions of this Terms and Conditions subject to and in accordance with the provisions of the Terms and Conditions and the following conditions: (i) the parties may rescind, vary or terminate these terms and conditions without the consent of any member of the Hiscox Group and (ii) the rights granted to any member of the Hiscox Group under this clause 13 may not be assigned or transferred without the consent of Hiscox. Except as expressly stated in this Clause 13, a person who is not a party to these Terms and Conditions has no right (including without limitation under the Contracts (Rights of Third Parties) Act 1999) to enforce or rely on any term of these terms and conditions