Your FLG Portal - Loss Scenario Directory - D&O Country Profiler

Terms and Conditions

This page (together with the documents referred to in it) are the general terms and conditions (“Terms and Conditions”) which apply to the Howden Online Portal (Your FLG Portal), Loss Scenario Directory and D&O Country Profiler (collectively, the “Site”) and all its contents. The Site is operated by Howden. Please read these terms and conditions carefully.

By using the Site, you are deemed to have accepted these Terms and Conditions. If you do not agree to these terms of use, please refrain from accessing or using the Site.

We may revise the Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. If you have any enquiries or complaints (about the Site or someone else’s use of the Site) then address them to: info@howdengroup.com, or

Howden Insurance Brokers Limited
One Creechurch Place
London
EC3A 5AF
T: +44 (0) 20 7623 3806

Definitions

“Howden” “we” and “our” means Howden Insurance Brokers Limited, a private limited company registered at One Creechurch Place, London EC3A 5AF (with registered company number 725875).

“Group” means Howden and its subsidiaries as defined in section 1159 of the UK Companies Act 2006.

Registration and Rights of Utilisation of the Site

You will provide Howden with the first and last name and e-mail address relating to those of its employees whom Howden has approved in writing as permitted to access and use the Site. Following receipt of such details, Howden shall provide you with details of its usernames and passwords for use via the Site.

Following receipt of its usernames and passwords, you may access and use the services provided on the Site.

Use of the Site will not incur any further charges.

Howden reserves the right, at any time and without prior notice or reason, to reject, suspend or cancel your registration, and access, to the Site. In the event that such rejection, suspension, cancellation or termination occurs, Howden shall not be liable to you in any way whatsoever for such rejection, suspension, cancellation or termination.

User ID's and Passwords

You are solely responsible in all respects for all use of and for protecting the confidentiality of all usernames and passwords which may be given to you by Howden or selected by you for use via the Site.

You are fully responsible for all activities which occur under such usernames and passwords. You may not share these with or transfer them to any third parties. You must immediately notify Howden of any unauthorised use of them or any other breach of security regarding the Site.

When an individual employee of you leaves its employment or is otherwise no longer to be granted access to the Site the User shall notify Howden immediately in writing so that Howden can disable and/or re-assign the corresponding username and password.

Accessing the Site

Howden will endeavor to ensure that the Site is accessible for 24 hours a day but will not be liable if‚ for any reason‚ the Site is unavailable for any time or for any period. Howden will have the right to suspend access to or withdraw or restrict access to some parts the Site temporarily or permanently and without notice.

Whilst Howden takes care to ensure that the standard of the Site remains high and to maintain the continuity of it, errors, omissions, interruptions of service and delays may occur at any time. As a result, Howden does not accept any ongoing obligation or responsibility to operate the Site (or any particular part of it). Howden will not be liable for any loss or damage arising in contract‚ tort or otherwise if the Site is unavailable or suspended for any reason.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through a username and password given to you are aware of these terms, and that they comply with them.

Permitted Use of Site

You may only use the Site for business use and when accessing the Site must comply with the provisions of these Terms and Conditions and any other policies that are on the Site and/or which apply to the use of particular parts of the Site and/or products and services which are available from time-to-time.

You may print a copy of any section of the Loss Scenario Directory or D&O Country Profiler, for your own personal purposes, provided you do not do any of the things set out under “Non-Permitted Use of the Site” and provided always that our status (and that of any identified contributors) as the authors of material on the Loss Scenario Directory or D&O Country Profiler must always be acknowledged.

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.

Non-Permitted Use of the Site

Except to the extent expressly set out in these terms, you are not allowed to:

1. make any copies of any part of the Loss Scenario Directory or D&O Country Profiler; or
2. remove or change anything on the Loss Scenario Directory or D&O Country Profiler; or
3. remove or change any copyright, trade mark or other intellectual property right notices contained in the original material or that printed off from the Site; or
4. modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; or
5. use any part of the materials on the Loss Scenario Directory or D&O Country Profiler for commercial purposes without obtaining a licence to do so from us; or
6. provide any content from and/or links to the Loss Scenario Directory or D&O Country Profiler externally from your company.

If you breach these terms of use, your right to use the Site will cease immediately, you must, at our option, return or destroy any copies of the materials you have made and you shall be liable for all losses suffered in connection with such a breach.

Intellectual Property Rights

All intellectual property rights in the Site and in any material published on it (including but not limited to text, video, photographs and other images and sound, trademarks and logos) contained in the Site are owned by Howden, members of its group or their respective licensors. Those works are protected by copyright laws, database rights, and treaties around the world. All such rights are reserved.

Reliance on Information Posted

Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore accept no liability or responsibility arising from any reliance placed on such materials by any visitor to the Site, or by any third party who may be informed of any of its contents.

Changes to the Site

Howden may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Limitation of Liability

The information contained on the Site is provided for information purposes only on an “as is” and “as available” basis. Howden will use reasonable care and skill to ensure that it is accurate, but without any guarantees, conditions or warranties as to its accuracy. Howden cannot accept liability for any errors or omissions within the Site. In particular, certain sections of the Site are drawn, in large part, from publicly available information and it is not always possible to verify the accuracy of information independently.

To the extent permitted by law, we, other members of our group and third parties connected to us hereby expressly exclude:

1. All conditions, warranties, guarantees and other terms which might otherwise be implied by statute, common law or the law of equity;
2. (Any liability for any direct, indirect, special or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
   1. loss of income or revenue;
   2. loss of business;
   3. loss of profits or contracts;
   4. loss of anticipated savings;
   5. loss of data;
   6. loss of goodwill;
   7. wasted management or office time; and
   for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

The above does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Howden does not warrant that use of the Site will be free from viruses, uninterrupted, error-free or secure. Use of the Site is entirely at your own risk.

You acknowledge sole responsibility for the use to which you put the Site and all the results and information it obtains from it. As such Howden takes no responsibility whatsoever for the use and performance of the Site and/or for any information obtained from it.

External Links

The Site may from time to time include links to external sites, resources and co-branded pages. Howden has included links to these sites, resources and co-branded pages to provide you with access to information and services that you may find useful or interesting. Howden is not responsible for the content of these sites, resources and pages or for anything provided by them and accepts no responsibility for them or for any loss or damage that may arise from your use of them. You should read carefully and agree with the terms and conditions of third party websites before using them.

Viruses, hacking and other offences

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately and you shall be liable for all losses suffered in connection with such a breach.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it. You must ensure that your computer has all necessary software to protect you from computer viruses.

Personal data and Data Protection

Howden will take all reasonable steps to ensure that any information you provide via e-mail and / or via the Site is kept secure‚ but please remember that‚ because of the nature of the Internet‚ the security of emails cannot be guaranteed. Consequently, your privacy of your data in such email correspondence cannot be guaranteed.

We process information about you in accordance with our privacy policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

This is a summary of how we use your personal and sensitive data. You can find our full privacy statement on our website at https://www.howdengroup.com/uk-en or we can provide this to you on request. You should review this to ensure that you understand how your data will be used and your rights in respect of your data.

General

These Terms and Conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these Terms and Conditions is found to be unenforceable, this shall not affect the validity of any other provision. Howden may delay enforcing its rights under these Terms and Conditions without losing them. Howden will not be liable to you for any breach of these Terms and Conditions which arises because of any circumstances which Howden cannot reasonably be expected to control. You agree that Howden 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.

Third Party Rights

Nothing in these Terms and Conditions confers or purports to confer on any third party any benefit or right to enforce any term of these Terms and Conditions and the provisions of the Contracts (Rights of Third Parties) Act 1999 (as amended or modified from time to time) are expressly excluded.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by English law, and you consent to the exclusive jurisdiction of the English courts in respect of these Terms and Conditions and any dispute relating to them.

Dated: May 2021