| 1. | INTRODUCTION TO THESE TERMS AND CONDITIONS
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| 1.0 | The following terms of use (these "Terms") establish the terms and conditions that apply to all users ("Users" or "you") of this web site (the "Web Site"). Please read them carefully before using the Web Site. By accessing or using the Web Site, you accept and agree to be legally bound by these Terms and acknowledge that Tokio Marine Europe Insurance Limited ("Tokio Marine"), as the owner and operator of this Web Site, has the right to amend or vary these Terms and any of the contents of this Web Site from time to time in its sole discretion. Amendments or variations will take effect when they are posted on this Web Site and, as a result, you should check the current version of these Terms each time you access or use the Web Site. These Terms, as amended or varied from time to time, apply to all your visits to the Web Site both now and in the future. |
| 2.0 | The purpose of the Web Site is to enable you to obtain certificates for marine cargo insurance.
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| 2. | GENERAL DISCLAIMERS
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| 1.0 | Although Tokio Marine has attempted to provide accurate information on the Web Site, Tokio Marine assumes no responsibility for the accuracy or completeness of such information. Your continued use of this Web Site acts as a general release of Tokio Marine and its affiliates and subsidiaries (together "the Tokio Marine Group") and all of its and their officers, directors, agents and employees from any liability for any claims, losses or damages arising out of or in any way connected to your use of the Web Site. To the fullest extent permitted by law, the Tokio Marine Group shall not be liable to any person or entity for any direct, indirect, special, consequential or incidental damages, including (without limitation) lost profits or revenues, loss of opportunity, costs of replacement goods or services, loss or damage to data or business interruption, arising out of or related to:
any access to or use of or inability to access or use this Web Site, any other hyperlinked web site or any other information or product included or described within this Web Site; or
any person or entity's reliance on the information presented,in each case whether arising in tort (including negligence), contract or otherwise even if you have advised a member of the Tokio Marine Group of the possibility of such damages.
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| 2.0 | All information and content provided on this Web Site is provided "as is," without representation or warranty of any kind, either expressed or implied. Without limiting the foregoing, Tokio Marine does not represent or warrant that the Web Site or any of its contents are accurate, current, complete, free from technical or typographical errors, free from changes or harmful components introduced by third parties or free from periodic interruption or errors of any other type. Tokio Marine may revise the information or change the products or services mentioned on the Web Site at any time without notice. Any mention of non-Tokio Marine products or services is for information purposes only and constitutes neither an endorsement nor a recommendation of them. Neither Tokio Marine nor its subsidiaries, affiliates or suppliers makes any representation or gives any warranty, condition or undertaking, express or implied, including (without limitation) as to the satisfactory quality, fitness for a particular purpose, suitability or non-infringement of any third party right or freedom from viruses, whether or not arising from a course of dealing, usage or trade practice.
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| 3.0 | Notwithstanding any other provision in these Terms, nothing within these Terms limits or restricts any person's liability for death or personal injury resulting from its negligence or that of its employees or agents. |
| 4.0 | These Terms and your use of this Web Site are governed by all applicable English law. Tokio Marine makes no representation that the content or materials on this Web Site are appropriate or available for use in other jurisdictions. Access to this Web Site's content or its materials from jurisdictions where such access is illegal is prohibited. If you choose to access this Web Site from other jurisdictions, you do so at your own initiative and risk and are responsible for compliance with all relevant local laws. We are not responsible for any violations of law as a result of your actions. Any claims related to this Web Site and/or its content and materials or your use of them shall be governed by English law and you agree that the English courts shall have exclusive jurisdiction to resolve any disputes arising out of or in connection with your use of the Web Site.
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| 3. | TRADE MARKS AND OTHER SUCH RIGHTS
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| 3.1 |
The trade marks and logos ("Marks") displayed on this Web Site are the property of the Tokio Marine Group or other third parties. Users are not permitted to use these Marks without the prior written consent of Tokio Marine or the relevant third party proprietor of the Marks and you acknowledge that any such use may constitute an infringement of the relevant proprietor's rights.
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| 3.2 | You acknowledge that all intellectual property rights in all materials in the Web Site remain the property of Tokio Marine or the relevant third party proprietor, licensor or other content owner. Except as expressly permitted herein, no portion of the information on this Web Site may be reproduced in any form, or by any means, without prior written permission from Tokio Marine.
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| 4. | LINKS TO THIRD PARTY WEB SITES
This Web Site may contain links to third party web sites. Access to any other web site linked to this Web Site is at your own risk and Tokio Marine is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites or the security of any link or communication with those sites. Tokio Marine reserves the right to terminate a link to a third party site at any time. The fact that Tokio Marine provides a link to a third party web site does not mean that Tokio Marine endorses, authorises or sponsors that web site nor does it mean that Tokio Marine is affiliated with the third party web site's owners or sponsors. Tokio Marine provides these links merely as a convenience for those using the Web Site.
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| 5. | INSURANCE TERMS
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| 5.1 | The Web Site may be used only by persons over the age of 18. |
| 2.0 | You undertake to ensure that all information submitted by you by means of the Web Site will be complete and accurate in all material respects and will not contain any confidential information of third parties unless they have expressly consented to the disclosure of that information.
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| 3.0 | Tokio Marine shall be entitled to verify all information provided by you and to make checks with third parties for this purpose. Tokio Marine shall also be entitled to decline a request for a quotation or a request for insurance for any reason, or without giving a reason.
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| 4.0 | Each policy of insurance made available by Tokio Marine shall be governed by the terms applicable to that policy.
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| 5.0 | You acknowledge that Tokio Marine will not be on risk in relation to any contract of insurance until you have received express notification of that fact from Tokio Marine.
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| 6. | PRIVACY
You acknowledge that Tokio Marine is entitled to handle any personal information you might supply to us when you use the Web Site in accordance with its Privacy Policy, which forms part of these Terms and to which you agree.
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| 7. | MISCELLANEOUS
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| 7.1 | Tokio Marine’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
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| 7.2 | Tokio Marine may assign or transfer the benefit or burden of its rights and obligations under these Terms to any party at any time without notice to you. You may not assign or transfer your rights or obligations under these Terms without Tokio Marine’s prior written consent, which may be withheld in its absolute discretion.
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| 7.3 | Tokio Marine will not be in breach of these Terms or otherwise liable for any delay in performance of them to the extent that such breach or delay is due to circumstances beyond its reasonable control.
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| 7.4 | If any part of these Terms is unenforceable, invalid or illegal (including any provision in which Tokio Marine excludes its liability to you), the enforceability, validity or legality of any other part of these Terms will not be affected or impaired in any way.
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| 7.5 | These Terms embody and set forth the entire agreement and understanding between us and supersede all prior oral representations (including negligent representations) or written agreements, understandings or arrangements with respect to the subject matter hereof. Neither of us shall be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth in these Terms. The provisions of this clause shall not exclude any liability or any right which either of us may have in respect of any statements made fraudulently prior to your acceptance of these Terms or any fraudulent concealment by the other.
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| 7.6 | Any notice to be given by either of us to the other may be sent by email, fax or recorded delivery to the address of the other. In the case of Tokio Marine, this address shall be Tokio Marine Europe Insurance Limited, 60 Gracechurch Street, London EC3V 0HR, as amended from time to time in accordance with these Terms. In your case, such an address shall be that provided at the time of registration or such other address as you may from time to time have communicated to Tokio Marine in writing or by email. If sent by email (ecerts@tokiomarine.fr), a notice shall be deemed to be received on the day it was sent or, if sent by fax (+33 142974387), shall be deemed to be served on receipt of an error-free transmission report or, if sent by recorded delivery, shall be deemed to be served two days following the date of posting.
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| 7.7 | Some of the provisions of these Terms are for the benefit of Tokio Marine and its officers, directors, employees, agents, subsidiaries, affiliates, suppliers and third party information providers. Each of these persons or entities shall have the right to assert and enforce those provisions directly against you on its own behalf if you violate any of these Terms. Save for the foregoing, the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no rights or benefits expressly or impliedly conferred by them shall be enforceable under that Act against the parties by any other person.
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| 7.8 | This Web Site is provided by Tokio Marine Europe Insurance Limited, a company registered in England and Wales (company number 989421), whose registered office is at 60 Gracechurch Street, London EC3V 0HR with VAT number 577511815 (if applicable)
Tokio Marine can be contacted at the said address, by emailing ecerts@tokiomarine.fr or by telephoning +33 153293011.
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