19/06/2019

Terms and Conditions

CHP Legal Ltd, with registered offices at 50 Fenchurch Street, London EC3M 3JY - United Kingdom, and CHP Legal Srl, with registered offices at via Cassanese 41, 20090 Segrate (MI) - Italy, (hereinafter together as “CHP Legal”) have developed a secure website and webservices (hereinafter "Website") which may be accessed by Insurance Intermediaries (i.e. Agents, Brokers), Coverholders, Insurers, Experts, Lawyers, Insured, Claimants and / or Beneficiaries to enter various data, including data regarding the above-mentioned users, for the purposes of notifying and managing claims (hereinafter "Services").

These are the general Terms and Conditions of CHP Legal for the use of the Website. The address of the Website is www.chplegal.com

The use of the Website by the User, or that of its Authorised Users, will be subject to these Terms and Conditions and any subsequent amendments provided that we give notice in accordance with Clause 10. By continuing to use the Website the Users are agreeing to comply with and be bound by the following Terms and Conditions of use.

Definitions:

User” refers to the user, or viewer of the Website, acting in its capacity as an Insurance Intermediaries (i.e. Agents, Brokers), Coverholders, Insurers, Experts, Lawyers, Insured, Claimants and / or Beneficiaries;

Authorised User” refers to any person employed and / or authorised by the User to use the Website;

Users” refers to the User and / or its Authorised User all together;

Other User” refers to any other person not authorised by the User to use the Website;

Agreement” refers to any legal ground which allows the User to log in to the Website.

1. Access to the Website

The Users agree to comply with all applicable law, statutes and regulations in connection with the use of the Website.

CHP Legal hereby grants the Users the right to access the Website and to use it within such limits and on such Terms and Conditions as specified in, or incorporated into, this agreement. In order to access the Website, the User shall request access for all the persons within its organization who need to access the Website. The Users must register on the Website.

CHP Legal reserves the right to grant, restrict or revoke access of the Users to the Website at any time.

Any password chosen by the Users shall have a minimum of 8 characters, containing upper case, lower case and numbers, shall be changed at least every 90 days and shall be kept confidential. In the event that the Users have reason to believe that a username and / or password has not been kept confidential and / or that someone is using a username and / or password in an improper manner, they shall immediately notify CHP Legal and CHP Legal will take such remedial action as it determines at their sole discretion.

The use of the Website does not grant the Users acting under an Agreement any powers in addition to or other than those conferred on them under the Agreement in force at the time of any access to the Website. Therefore, in the event that, for any reason whatsoever, including any software error or failure to update the Agreement, the Users have access to a section of the Website other than the one corresponding to the powers conferred on them under the Agreement in force, the Users shall refrain from undertaking any commercial activity in that section.

The Users shall immediately notify CHP Legal of any such software error or failure to update the Agreement.

2. Technical requirements to be met

The Users hereby acknowledges and accepts that they retain responsibility and liability for ensuring that the hardware and software used by the Users to access the Website, shall be acquired and maintained at Users’ sole cost and shall have sufficient capability to access the Website.

CHP Legal reserves the right to update the technical characteristics of the Website at its sole discretion. It is the responsibility of the Users to obtain and maintain an Internet connection, at its sole cost.

The Users shall use and shall keep regularly updated and / or patched as relevant, appropriate information protection measures when accessing the Website including but not limited to anti-virus software, firewalls and internal information protection policies and / or usage standards have said software regularly updated and patched.

3. Services offered by the Website

The Website is intended to give the Users the Services offered by CHP Legal. CHP Legal will provide claims documentation, report and / or emails (hereinafter "Documents") to the Users online depending on the authority and / or authorisation to access the Website received by the Users.

Documents provided through the Website are for the Users’ benefit only. It is Users’ responsibility to ensure that all information provided by them is correct. Documents may not be transferred or used for the benefit of anyone else.

Documents provided are subject to the terms of the policy document. The Users should read the terms of the policy before notifying any claims to CHP Legal.

CHP Legal allows the Users:

  1. where the Users are acting under an Agreement, to access one or more sections, depending on the credentials conferred on the Users, where they will be able to notify and / or manage claims, by entering the details of the contracting parties and / or beneficiaries and insured risk, to print the documents so obtained. In the event that the powers conferred on the Users under the Agreement are modified, the right to access the sections of the Website may be modified by CHP Legal accordingly;
  2. where the Users are acting under an Agreement, to access a section containing all the details of the claims by using the Website under an Agreement.

The services offered by the Website are free of charge.

4. Restrictions of Use

The Website shall be accessed by the Users for the sole purpose of using the Services, and any other services that may be offered in the future and the use of which has been granted to the Users in writing by CHP Legal.

The User undertakes not to, and agrees to procure that the Authorised User shall not, use the Website in an improper manner, and undertake that neither shall:

(a) reverse engineer or decompile (whether in whole or in part) any software at the Website, use any software and / or other device which may interfere with the functionality of the Website;

(b) other than where necessary in the normal course of carrying out its business disclose, publish, transfer or otherwise make available any of the contents of the Website or information learned whilst visiting the Website; knowingly use the Services to obtain quotations for insurance coverage, notify and manage claims using incorrect information;

(c) try to access sections where the Users have not received the appropriate authority and / or authorisation to access; use the Website in a manner which prevents or hinders other persons' ability to use the Website, or otherwise create a nuisance of themselves or to the Website and / or Services;

(d) remove any copyright, trademark or other intellectual property right notices contained in material on the Website; remove, change or obscure any product identification or notices of proprietary rights and restrictions on or in the Website;

(e) other than where necessary in the normal course of carrying out its business make copies, modify or alter (including the creation of HTML links to or from the Website) all or any part of the Website or any materials contained on the Website;

(f) knowingly publish, post, upload, distribute, disseminate or otherwise transmit, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory, libellous, slanderous or are otherwise unlawful on the Website and will take reasonable precautions to prevent the transmission of such material;

(g) upload files to the Website that contain software or other materials in breach of any intellectual property rights or in breach of confidence;

(h) hack into, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or engage in any other behaviour intended to inhibit any other person from using and enjoying the Website or is otherwise likely to damage or destroy the reputation of the Website;

(i) use the Website in a manner which may cause an infringement of the rights of CHP Legal and / or of any other third party(ies), or constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of CHP Legal or any third party in the UK or any other country in the world.

The Users hereby agree to use the Website only while the Agreement is in force. This agreement does not take precedence over or modify the terms of any Agreement.

5. Rights

CHP Legal accepts no obligation to monitor the use of the Website by the Users.

However, CHP Legal reserves the right to disclose any information as required by law and / or to remove, refuse to post, or to edit such information and materials, and to take such other action as may be reasonably necessary to prevent any breach of these terms occurring. CHP Legal will promptly provide the User with full details in writing of any such actions unless prohibited from doing so by law or regulation.

CHP Legal reserves the right to block the access of any user at any time, either temporarily or permanently, to the Website, if CHP Legal deems, in its absolute discretion, that it is reasonable to do so but shall make available records of previous transactions upon receipt of the Users’ reasonable request.

The Website (including the software used to operate it) and the trademarks used in connection with the Website are owned by CHP Legal and / or its licensors. The Users are not granted any right or interest in these except as stated in these terms. The Users shall notify CHP Legal immediately if they become aware of any unauthorised access, use or copying by any person.

6. Operation of the Services and Website

CHP Legal may change the format and content of the Website and / or the Services at its sole discretion from time to time. CHP Legal may, from time to time suspend the operation of the Website for repair or maintenance work, or to update or upgrade the contents or functionality of Website. CHP Legal will use all reasonable endeavours to undertake such repairs, maintenance or amendments to the Website as quickly as possible.

The Users hereby agree to comply with all reasonable directions and instructions given by CHP Legal in relation to the use of and access to the Website, and to use the Website in accordance with all applicable regulations.

7. Disclaimer and Limitations of Liability

In no event shall CHP Legal be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, loss of sales, loss of revenue, 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 (howsoever arising).

The Users shall indemnify CHP Legal and keep CHP Legal always indemnified against any proven foreseeable and fully mitigated loss or damage arising from an unauthorised use of the Website and from all proven foreseeable and fully mitigated actions, proceedings, claims, demands, costs (including legal costs), awards and damages arising from any breach or non-performance by the Users of any of their obligations under these general Terms and Conditions. This obligation to indemnify includes the obligation to reimburse CHP Legal for legal costs incurred and for sanctions inflicted on them, if any.

CHP Legal makes no representation or warranty (express or implied) or provides any advice about the accuracy, quality or completeness of any information or materials made available on third party web sites linked from the Website. CHP Legal shall not be liable for any action taken by the Users as a result of relying on any information provided in third party web sites or for any loss or damage suffered by the Users.

CHP Legal does not accept responsibility for the security or content of any information which the Users supply through the Website, except as set out in our privacy policy as amended from time to time.

The Users are solely responsible for their use of the Website, usernames, passwords and any information made available on the Website from time to time and for any consequences or effects (whether direct or indirect) of such use.

CHP Legal does not warrant that the Website will be uninterrupted or error or defect free or available for any period of time. It is the responsibility of the Users to make and keep a daily back-up copy on a protected disk of all the data entered by the Users into the Website.

8. Right to Terminate

CHP Legal reserves the right to terminate the Users’ access to the Website at any time and without notice, for any reason whatsoever.

The Users may cancel any of the Services at any time by giving written notice to CHP Legal. Any notice given by the Users pursuant to this clause will not remove any obligation on the Users in relation to claims notification and / or management that is in progress at the time such notice is given.

The Users acknowledge and agree that upon termination or expiry of this agreement, howsoever arising, CHP Legal shall not be required to delete data entered by the Users into the Website provided that such data is retained in accordance with applicable data protection legislation.

9. Use of Data

The Website is operated in accordance with our Privacy Policy [link]. Personal data provided by the Users to CHP Legal will be held and processed in the manner set out in our Privacy Policy.

10. General

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and the Users consents to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this Website. The Website is operated and controlled by CHP Legal from its offices in the United Kingdom. CHP Legal makes no representation that information or material contained at its Website is appropriate for use in other jurisdictions. The Users agree that CHP Legal may sub-contract the performance of any of its obligations or may assign these Terms and Conditions or any of its rights or obligations subject to giving the Users reasonable prior written notice. CHP Legal may delay enforcing its rights under these Terms and Conditions without losing them.

If any provision of these Terms and Conditions is found to be unenforceable this shall not affect the validity of any other provision.

CHP Legal may amend, vary or supplement these Terms and Conditions. Any such changes may be provided to the Users by any reasonable means including, but not limited to, posting a revised Terms and Conditions on the Website. It remains the Users’ responsibility to access and check these Terms and Conditions whenever they access the Website as the latest version of these Terms and Conditions will govern any future usage of the Website. The Users will be able to determine when this was most recently revised by checking the date at the top of this page.

These Terms and Conditions (as varied in accordance with its terms) form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.

11. Contacts

The Users may contact CHP Legal about any problems or questions relating to the Website at info@chplegal.com.

CHP Legal Ltd
4th floor, 50 Fenchurch Street,
London, EC3M 3JY
United Kingdom

CHP Legal Srl
Via Cassanese, 41
20090 Segrate Milan
Italy