AXA iCert XL
LEGAL DISCLAIMER AND TERMS AND CONDITIONS OF USE:

Use of this webportal (the “System”) is subject to the following disclaimer and terms and conditions of use (together the “Terms”). Please read them carefully. XL Group plc for itself and on behalf of any other company of the XL Group of Companies (“AXA XL”) reserves the right at any time and without notice to vary these Terms. The “Authorized User” as defined below should therefore read these Terms each time it intends to use this System. Using or continuing to use this System will constitute acceptance of these Terms as varied from time to time. To the extent permitted by law, any amendment to these Terms will apply retrospectively.

Unless otherwise stated XL Group plc owns the copyright, design, graphical and text arrangements, database rights and other intellectual property rights that exist in the System and the information and material made available on and the content of this System. Any copyrighted material or any image, logos, names or trademark is protected by law and may not be used or reproduced without the written permission of its owner.

Unless otherwise stated the Authorized User may reproduce information made available on this System for the purpose defined in these Terms provided that any relevant copyright trademark or disclaimer or other notices are not removed. Unless specifically authorized all other use of copyrighted material or any image, logos, names or trademarks is prohibited.

The Authorized User shall not attempt to duplicate, modify, disclose or distribute or attempt to reverse compile, disassemble, reverse engineer any portion of the System.

For the avoidance of any doubt, the Authorized User shall not attempt to use or permit any of the Authorized Users to attempt to use the System to transact business with anyone other than AXA XL.

To the extent that any part of these Terms is found to be invalid unlawful or unenforceable by any court of competent jurisdiction, the relevant part shall be deemed to and shall be modified to the extent required to make it valid lawful or enforceable (or shall if necessary be severed from the remaining provisions) and all other provisions shall be unaffected and shall remain in full force and effect.

The Authorized User will indemnify AXA XL and keep AXA XL indemnified against any and all losses, costs, claims and liabilities suffered or incurred by AXA XL as a direct result of the Authorized User’s failing to comply with any part of these Terms.

These Terms are governed by English law and the English courts shall have exclusive jurisdiction over any matters arising out of these Terms. If your policy is issued by one of the AXA XL US insurance companies, these Terms will be governed by the laws of the State in which your policy has been issued.

ACCESSIBILITY, PERMITTED USE AND PURPOSE:

This System is specifically designed for use by (1) assureds (individually an “Assured”) (2) insurance intermediaries representing an Assured and (3) coverholders, acting through their employees to whom AXA XL has given a username and password who need to use the System for the Purpose (together “Authorized Users”) and is not intended to be used or viewed by any one else.

This System is only intended to be used by Authorized Users for the purpose (the “Purpose”) of issuing certificates of insurance (“Certificates of Insurance”) under insurance policies issued by or on behalf of the AXA XL entity with whom the Assured is insured.

Acceptance of these Terms by an Authorized User will constitute acceptance by the Assured, the coverholder or the insurance intermediary that is employing the Authorized User and the expression “Authorized User” in these Terms shall be used to describe them interchangeably where the context requires.

The Authorized User will notify AXA XL as soon immediately upon anyone who had authorized access to the System ceasing to be employed by it or no longer being authorized by the Authorized User to use the System, requesting that their passwords be disabled.

The Authorized User warrants that it will not commit any fraudulent act or omission, or use the System in any way that is unlawful or in contravention of these Terms.

The username(s) and password(s) issued to an Authorized User shall be kept secure and confidential and shall not be shared with anyone else including other Authorized Users. The Authorized User will notify AXA XL immediately if it becomes aware of or suspects any unauthorized use or breach of security.

The Authorized User accepts that AXA XL may suspend or change any password or username and that AXA XL may suspend the Authorized User’s access to the System in the event of any actual or reasonably suspected breach of security.

AXA XL is under no obligation to make the System available to an Authorized User. AXA XL may elect, at its sole discretion and for any reason, at any time, to revert to a paper based transaction through the open market.

The Authorized User’s access to the System will automatically cease to be authorized (whether notice to that effect is given by AXA XL to the Authorized User or not) and the Authorized User agrees that it will immediately stop using the System upon the Authorized User ceasing to be employed by an Assured, a coverholder or an insurance intermediary through which the Authorized User originally gained access to the System or if the latter parties are no longer in a business relationship with AXA XL or, if applicable, no longer authorized to transact insurance business.

AXA XL also reserves the right, at any time and from time to time, to suspend provision of the System for the purposes of repair, maintenance, upgrade, update, support, testing or implementation.

To the extent permitted by law and regulation, the Authorized User will comply with and support all reasonable requests by AXA XL for information or reports concerning the use and access of the System by the Authorized User and will allow AXA XL and its representatives, regulators and auditors, on reasonable notice and at reasonable times during normal business hours, to inspect and copy all relevant data, papers, books and records concerning the use and access of the System by the Authorized User and concerning business placed by or on behalf of the Authorized User through the System.

LIMITATIONS

Neither these Terms, nor the use of the System are intended to affect the rights and obligations arising under existing contractual arrangements or under the law governing insurance contracts and insurance placements.

Certificates of Insurance are evidence of insurance only and may not contain the full terms and conditions of the insurance policy under which they are issued. In the event of any ambiguity or conflict, the terms and conditions of the insurance policy shall prevail. The Authorized User will be liable and responsible for (1) the completeness and accuracy of the data entered on the System and (2) ensuring that the data entered on the System is in accordance with the terms and conditions of the insurance policy to which the Certificate of Insurance relates.

The Authorized User understands and will ensure that the parties on whose behalf the Authorized User uses the System will have confirmed their understanding that failure to provide all material facts and true, accurate and complete information may result in the insurance contract being invalidated, a claim refused and/or coverage cancelled.

Except for the XL Group of Companies, no third party shall be deemed a third party beneficiary under these Terms by virtue of the Contracts (Rights of Third Parties) Act 1999.

Catlin Insurance Company (UK) Ltd. and Catlin Underwriting Agencies Limited are authorized and regulated by the Financial Services Authority.

The registered office of Catlin Insurance Company (UK) Ltd. (incorporated and registered in England and Wales with company number 5328622) is 20 Gracechurch Street, London EC3V 0BG.

The registered office of Catlin Underwriting Agencies Limited (incorporated and registered in England and Wales with company number 1815126) is 20 Gracechurch Street, London EC3V 0BG.