TERMS & CONDITIONS
These Terms govern your use of Our free Instant Risk Guidance product.
These terms and conditions were last reviewed on 02/08/2024
Please read these Terms carefully before You use Instant Risk Guidance.
If You do not agree to these Terms, do not proceed to use Instant Risk Guidance.
Your use of our Instant Risk Guidance product is entirely at your own risk and we accept no liability in respect of such use.
1 About Instant Risk Guidance
1.1 Instant Risk Guidance is a free web based product offered by Us which identifies the top ten (10) most frequent risks commonly identified for particular business types and summarises those findings in a report which is electronically sent to You (Product). The Product is more particularly described on the Website (as defined below).
1.2 The Product is not suitable for all risk types, for example an airport would not be suitable. Accordingly, the Product only operates in respect of suitable risk types which are identifiable on the Website.
2 Definitions and Interpretation
2.1 Definitions:
Access Term: the period commencing on the date You first use the Product and expiring on the date You last use the Product.
Business: the business or trading entity which is the subject of the Report.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Report: the report generated by the Product relating to the Business.
Terms: these terms and conditions as amended from time to time in accordance with clause 6 and which apply to Your use of the Product.
Website: www.instant-risk-guidance.riskstop.co.uk
We, Us or Our: Riskstop Limited registered in England and Wales with company number 03962283.
You: the broker accessing the Product via the Website.
2.2 A reference to legislation or a legislative provision:
2.2.1 is a reference to it as amended, extended or re-enacted from time to time; and
2.2.2 shall include all subordinate legislation made from time to time under that legislation or legislative provision.
3 Provision of the Product
3.1 The Product is available for use by You without charge and is accessible by submitting a request via the Website.
3.2 You are permitted to use the Product to generate as many Reports as You wish.
3.3 A Report will be generated once all the required information specified in the request has been inputted.
3.4 All rights not expressly granted to You are reserved by Us. We reserve the right to make changes, modifications and enhancements to the Product from time to time.
4 Your Obligations / Acceptable Use Restrictions
4.1 You:
4.1.1 shall not attempt or seek to create any competing product to the Product;
4.1.2 shall not share a Report with any third party other than Your client (being the owner or occupier of the Business) and/or any insurance underwriter which provides or is proposing to provide a policy of insurance for the Business.
4.2 You must not (or permit or assist others to):
4.2.1 use the Product in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Product, or any operating system;
4.2.2 infringe Our Intellectual Property Rights or those of any third party in relation to Your use of the Product, including by the submission of any content or material (to the extent that such use is not licenced by these Terms);
4.2.3 treat, interact with, or communicate with any other user of the Product or Our staff in a way which is unlawful, or can reasonably be considered to be offensive, harmful, threatening, intimidating, abusive, harassing, menacing, hateful, or racially or ethically offensive, discriminatory or inflammatory;
4.2.4 use the Product in a way that could damage, disable, overburden, impair or compromise the Product, Our systems or security or interfere with other users; or
4.2.5 collect or harvest any information or data from the Product, Our systems, or attempt to decipher any transmissions to or from the servers running the Product.
5 Changes to These Terms
We may need to change these Terms from time to time, for example, to reflect changes in law or best practice. We will post any such
changes on our Website.
6 Disclaimer
6.1 You acknowledge that:
6.1.1 the purpose of the Product is to identify the top ten (10) most frequent risks commonly identified for the Business;
6.1.2 the Product is not intended to be advice on which You or any third parties should rely or base any underwriting decisions;
6.1.3 the Product is provided at your own risk and on a non-recourse basis; and
6.1.4 to the extent such advice as referred to in clause 6.1.2 is required, a professional site survey of the Business should be undertaken.
6.2 You agree to indemnify Us and hold Us harmless against any loss or liability incurred by Us in connection with any claim made against Us by You or a third party in relation to any Report.
7 Intellectual Property Rights
7.1 All Intellectual Property Rights in or arising out of or in connection with the Product (other than Intellectual Property Rights in any materials provided by You) shall be owned by Us.
7.2 We grant to You, a fully paid-up, worldwide, non-exclusive, royalty-free licence to copy the Report for the purpose of receiving and using the Product.
7.3 You grant Us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by You to Us for the purpose of providing the Product to You.
8 Limitation of Liability
8.1 You acknowledge that the Product is provided to You on an "as is" basis and that You assume sole responsibility for results obtained from the use of the Product by You, and for conclusions drawn from such use. Accordingly, we shall have no liability whatsoever to You or any third party (whether in tort, by statute or however arising and whether or not arising out of Our negligence) in respect of the use of the Product and any resulting Reports.
8.2 All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms.
8.3 We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and You acknowledge that the Product and access thereto via the Website may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
8.4 Nothing in these Terms exclude Our liability for any liability which would be unlawful to exclude.
8.5 This clause 8 shall survive termination or expiry of the Access Term.
9 Withdrawal of Product
We may, without liability, withdraw the Product at any time.
10 General
10.1 Force Majeure. Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.
10.2 Assignment and Other Dealings. No party may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Terms.
10.3 Confidentiality. Neither the Report, nor any part or extract from it, may be included in any published document, circular or statement or otherwise by You without Our prior written approval of the form and context in which it may appear.
10.3.1 Each party undertakes that it shall not at any time during the Access Period, and for a period of two years after expiry of the Access Period, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 10.3.2.
10.3.2 Each party may disclose the other party's confidential information:
(a) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under these Terms. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 10.3; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
10.3.3 Neither party shall use the other party's confidential information for any purpose other than to perform its obligations in these Terms.
10.4 Entire Agreement. These Terms constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
10.5 Waiver. A waiver of any right or remedy under these Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
10.6 Severance. If any provision or part-provision of these Terms are or become invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.
10.7 Third Party Rights. Unless they expressly state otherwise, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.
10.8 Governing Law and Jurisdiction. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales and each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with or these Terms or its subject matter or formation.