Terms and conditions

Acceptance to terms

Your use of the www.aviva.co.uk/broker (the “website”) is governed by the following Terms and Conditions of Use (the “terms”), the Legal Notice and the Privacy Policy. YOU MUST READ AND AGREE TO THE TERMS BEFORE REGISTERING TO JOIN AND PARTICIPATE IN THE WEBSITE. If you do not wish to be bound by the terms set out below, you should not use (or continue to use) the website. Your acceptance of these terms and conditions will be demonstrated by your confirming acceptance by selecting the “Log in” or the “Accept and confirm” button as part of your on-line obligation request. Your application to use the website will not be processed if you do not confirm acceptance of these Terms and Conditions.

Who are we

The website is provided by Aviva Insurance Limited (referred to as “us” “our” or “we” in these terms) to broker firms and your employees (referred to as “you” “your” or “user” in these terms). Wherever the name “Aviva” is used within these pages, this refers to one or more of the trading companies of Aviva Plc that operate in the United Kingdom.

Amendments to the terms

We may change the terms at any time by posting changes online. Please review the terms regularly to ensure that you are aware of any changes made by us. Your continued use of the website after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

Description of services

We offer you access to the website to make the most of mutual business opportunities, by providing you with a variety of services including, but not limited to, financial account reconciliation, making payment to us, managing policies online, comparing Aviva product info, print policy wordings, search for previous policy wordings, conduct quotes and order stationery and supplies (the “Services”). The Services may change from time to time as our discretion sees fit.

Limitation of liability

  1. The information, names, images, pictures, logos and Services provided on the website are provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
  2. Under no circumstances will we be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the website regardless of the form of action. However, nothing in these terms limits or excludes our liability for death or personal injury caused by our proven negligence.
  3. We do not warrant that functions available on the website will be uninterrupted or error free or that any defect will be corrected, or that the website or the server(s) that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
  4. Under no circumstances will we be liable for any loss or damage caused by your reliance upon information obtained through the website. Information and data published on our website is for INFORMATION PUPOSES ONLY and we do not hold ourselves out as giving advice, and nor should it be construed as such.
  5. It is the responsibility of each person using the Services available on the website to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content made available through it.

Security and ID

  1. You accept that you are solely responsible for maintaining the confidentiality of the unique log-on identification password we allocate to you, and for using the password.
  2. You are responsible for using adequate security measures to prevent unauthorised access to the website and shall notify us promptly if you become aware of such access. You will indemnify us against any loss caused by access to the website by any person (except us or our employees or representatives) of user names and passwords issued to you.
  3. On any employee leaving your company you will immediately inform your business development manager so that their access can be revoked. You will indemnify us against any loss caused to the website by any ex-employee who has not been notified to the business development manager for their access to be removed.

Privacy policy

Our usage of your personal information is governed by our Privacy Policy, which forms part of these terms. Please read the Privacy Policy carefully - it deals with your rights and our obligations in relation to your personal data and use of “cookies”, including what we can do with it, to whom we may disclose it to, together with your rights of access.

Your conduct and use of the services

  1. You agree that all information, data, text, images, graphics and any communication or material, including but not limited to opinions, advice or statements (“Content”) posted on the website is the sole responsibility of the person or persons from whom the Content originated. You are therefore fully responsible for any Content that is uploaded, posted, transmitted, shared, stored or otherwise made available on the website by you and we shall not be made liable for your actions or that of third parties.
  2. Your use of or reliance on the Content on the website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that the Content available through the website meets your specific requirements. You agree that we do not warrant the content, accuracy or veracity of the Content made available on the website, either created by us or third parties.
  3. Your permission to access the website is limited to the facility as set out in these conditions. Other than policy documents and marketing material which are printed out during use of the website (together with such copies as are reasonably required for the purposes of the relevant insurance transaction and of your record keeping) and such copying of website screens as is inherent in normal internet browser use, you may not:
    • Use or reproduce the website or any part of it;
    • Modify translate or adapt the website or its output in any manner;
    • Create any derivative works based on the website or its output;
    • Combine the website with any other computer application.
  4. You may not delegate transfer or subcontract your permission to access the website to any other person.
  5. You warrant and represent to us on submission of your application and on a continuing basis each time that you make an adjustment to a policy (eg report a claim, mid term adjustment) using the website that you are authorised and regulated by the Financial Conduct Authority in relation to non-investment business.
  6. In making a policy adjustment using the website you are acting on your client's behalf and not on our behalf as our agent. You have no authority to issue any document or make any commitment on our behalf other than quotations for, mid term adjustment’s, renewals and reporting claims.
  7. If you do not log into aviva.co.uk/broker within 90 days from the date you previously logged in on, Aviva reserves the right to revoke your access to the website. An email on day 76 will be sent to the email address that you registered to gain access to the website warning you of the proposed revocation.

Data protection

  1. If you use the system for policy administration on behalf of your client then we become data controller in relation to that data and we can use the data as set out in the data protection wording in the policy documents. When you submit the data on behalf of your client to us for policy administration you are acting as the data processor.
  2. By uploading your client’s details onto the website you warrant that you have your client’s permission to do so and you also warrant that you have drawn your client’s attention to the data protection wording contained in the policy.

The forums

  1. You acknowledge the public nature of message boards and the live question and answers forum (the “Forums”) and that any Content you choose to disclose and therefore make publically available through the Forums is your sole responsibility. By submitting material you are granting us a perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-licence the material you post in the Forums in whole or in part and in any form.
  2. When using the Forums you agree NOT to:
    • engage in unlawful conduct.
    • discuss or agree with other users, either directly or indirectly anything which amounts to anti-competitive behaviour; please see ‘Sanctions’ below for further details.
    • upload, post, transmit, share, store or otherwise make available (“Transmit”) any Content that we consider contains any defamatory, offensive, threatening, abusive, racist, vulgar, pornographic, obscene, profane, indecent, hateful or any otherwise objectionable material. You will be solely responsible for any damages from any claims that may arise from anything that you Transmit.
    • Transmit any Content that is intended to annoy, harass or intimidate another person or will constitute a criminal offence or give rise to a civil liability. You will be solely responsible for any damages from any claims that may arise from anything that you Transmit.
    • Advertise or offer to sell any goods or services, or promote any surveys, contests or chain letters for any commercial purpose or to promote your own forum or pyramid or referral schemes. You will be solely responsible for any damages from any claims that may arise from anything that you transmit.
    • Transmit any Content that infringes any duty of confidentiality, copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and you will be solely liable for any damages resulting from any infringement resulting from such action. You will be solely responsible for any damages from any claims that may arise from anything that you Transmit.
    • Transmit viruses, corrupt files, or other similar software or programs that may damage the operation of another person’s computer, software, or network and you will be solely responsible for any damages from any claims that may arise.
    • Transmit any information which invades the personal privacy of another person or in breach of the Data Protection Act and principles set out herein. You will be solely responsible for any damages from any claims that may arise from anything that you Transmit.
    • Transmit deliberate inflammatory comments. You will be solely responsible for any damages from any claims that may arise from anything that you Transmit.
    • provide links to third party websites or content unless the link to the website is relevant to any discussions taking place and you accept that we reserve the right to remove third party links at any time with or without explanation.
    • engage in any other conduct that restricts or inhibits any other person’s use of the Forums.
  3. You acknowledge that we have the right, but not the obligation to monitor the use of the Forums, so we rely upon you to inform us immediately if you discover any Content that you feel is unacceptable or breaches any of the limitations set out in these terms.
  4. In the event that we receive a complaint regarding any Content on the Forums, we reserve the right to remove that Content or disable access to it and to respond to any complaints made by a third party in respect of that Content. You therefore acknowledge that we will not be liable to you or any other party if we remove any Content because we believe that such Content breaches the provisions of these terms or is deemed to be unacceptable by us.
  5. In addition, if we consider the breach to be sufficiently serious we may impose one of the Sanctions listed.

Marketing material and policy documents

  1. Part of the Services we offer to you is pre-populated template leaflets, press releases, letters, surveys, newsletters and emails (the “Marketing Material”), labelled under the Services and Stationery and The Loop sections of the website and Policy Summaries and Wordings (“Policy Documents”). The Marketing Material and Policy Documents have been created for or by Aviva and is therefore subject to copyright laws and Aviva can enforce the copyright contained in the Marketing Materials and Policy Documents.
  2. We provide you with the Marketing Material and Policy Documents on a non-exclusive, royalty-free basis to help you develop and support your business needs, or that of your employer, by providing you with material which can be used to help you retain and create new business.
  3. You are permitted to download, amend (marketing material only subject to point 7), print and distribute as many copies of the Marketing Material and Policy Documents as you require for your business use.
  4. You are permitted to download, print and order as many copies of the Policy Documents as you require for your business use.
  5. You will not allow a third party who has not got access to the website to download, amend, print or use the Marketing Material and Policy Documents whatsoever unless permission has been sought from us beforehand.
  6. Please be aware that although all reasonable care is taken with the Marketing Material and Policy Documents, WE DO NOT WARRANT THE CONTENT, ACCURACY OR VERACITY OF THE MARKETING MATERIAL AND POLICY DOCUMENTS AND IT IS YOUR RESPONSIBILITY TO ENSURE THAT IT MEETS YOUR NEEDS.
  7. If any document is provided with guidance or risks which the customer needs to see then it is your responsibility to ensure that you bring these to the customer’s attention.
  8. You should not delete or amend the Marketing Material or Policy Documents unless the material expressly states that you can. If you change anything you are entirely responsible for Legal and Regulatory compliance and also with compliance of any relevant marketing codes.

Indemnity

You agree to indemnify us and keep us indemnified (including our successors and assigns, our directors, officers, employees and agents) from and against all liabilities, claims, losses, costs, damages and expenses including reasonable legal fees which are reasonably incurred by us (including our successors and assigns, our directors, officers, employees and agents) arising from your use of the Services, your connection to the website, your violation of the terms, or your violation of any third party rights.

Sanctions

We reserve the right to reveal your activity to your employer and/or deny or suspend, at our sole discretion, access to the website or any of its Services without reason or notice, but will only do so if we deem it necessary to stop or prevent an intentional breach of the terms or behaviour we consider to be inappropriate. We also reserve the right to reveal your identity, whether in our opinion, or when requested to do so by a court of competent jurisdiction or a law enforcement agency, if we have good reason to believe that you have breached one or any of the terms.

Third party websites

The website may also contain hyperlinks to websites operated by third parties. The responsibility for the operation and content of those websites shall rest solely with the organisation identified as controlling the third party website and will be governed by separate terms and conditions and privacy policy. Hyperlinks are provided for convenience and inclusion of any hyperlink does not imply an endorsement in any way of the site to which it links. We accept no responsibility or liability for the contents of any hyperlinked website and ask that you review the terms and conditions (including the privacy policy) for all third party websites before using the goods or services being offered.

Links to other Aviva websites

This site contains links to other Aviva websites, these sites will have separate terms and conditions and therefore the Aviva Broker terms and conditions will not apply to these websites. You should check the terms and conditions for these other websites before registering/logging on.

Intellectual property rights

The names, images and logos identifying us or third parties and their products and services are subject to copyright, design rights and trademarks of us and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright by us, or any other third party, except those explicitly available as part of the Services.

Anti-competitive behaviour

You are obliged to comply with all aspects of UK and EC competition laws. It is therefore your individual responsibility to ensure that you comply at all times with these laws. If you engage in any anti competitive conduct using the Forums you will be subject the Sanctions listed above.

You are not permitted to disclose or exchange confidential business information with your competitors (this includes other brokers) or use the Forums to facilitate any such conduct, and nor should you disclose your intended future business conduct. It is also against the law to agree prices with any other users, brokers or employees of Aviva.

Whilst we will try, but are under no obligation to monitor the exchanges, it is ultimately your responsibility to ensure your own compliance in these areas and as you would expect us to have a policy of zero tolerance in these areas. Serious sanctions including fines are imposed from the regulators against those who digress from this policy.

If you suspect anti-competitive behaviour is taking place on the Forums, please inform us by email using avivabroker@aviva.co.uk

Applicable law

The terms regulating this website are to be governed by and construed according to English law and the parties agree to submit any disputes to the exclusive jurisdiction of the English courts.

Invalidity

If any of these terms are determined to be invalid or otherwise unenforceable by reason of the application of any law, such provisions shall be severed and deleted from these terms and the remainder of these terms shall continue to have full force and effect.