Effective from 1st September 2011 for all existing and new registrations for Aviva Secure Internet Services.
Please read these Terms and Conditions for Aviva Secure Internet Services carefully. By proceeding you confirm that you have read and understood the Terms and Conditions for Aviva Secure Internet Services and that you agree to be legally bound by them.
Please note that Aviva Secure Internet Services are only intended for Users in the United Kingdom, Channel Islands, Isle of Man and Gibraltar.
These Terms and Conditions for Aviva Secure Internet Services are additional terms and conditions, as referenced in Aviva’s Terms of Business For Firms.
To the extent that there is any conflict between these Terms and Conditions for Aviva Secure Internet Services and Aviva’s Terms of Business For Firms, then Aviva’s Terms of Business for Firms shall prevail. The following definitions appear in Aviva’s Terms of Business for Firms which also apply in these Terms and Conditions for Aviva Secure Internet Services.
‘Aviva Group of Companies’ means Aviva plc (or any parent undertaking of Aviva plc from time to time) and any of its subsidiaries of such parent undertaking from time to time (where “subsidiary” shall have the meaning given in Section 1159 of the Companies Act 2006 and “parent undertaking” shall have the meaning given in Section 11162 of the Companies Act 2006)
‘Customer’ means a Person on whose behalf your firm acts and who your firm has introduced to us on an advised or non-advised basis.
‘Person’ means a natural or legal person.
‘User’ means you, any employee, partner, self employed consultant, sub-contractor or agent of your firm who is granted access to use our Electronic Services.
1) User Agreement
This agreement contains the terms upon which your use of all or any of our Aviva Secure Internet Services is based. The Services are defined in section 2 below. In order to use the Services you must apply to become a User. You will be asked to confirm that you agree to these terms before proceeding to become or continue to be a User. You should ensure that you read these Terms and Conditions for Aviva Secure Internet Services carefully and should not enter into this agreement unless you agree to be bound by the terms.
Where the words ‘we’, ‘us’ or ‘our’ are used they refer to Aviva Life Services UK Limited, a company registered under the Companies Act (Company Number 02403746 and VAT Number 105 437300) and having its registered office at Wellington Row, York, YO90 1WR. Aviva is acting on behalf of the Aviva Group of Companies.
2) The Services
The Services provided to you are tools and information to help you manage new and existing products online through the website(s) we make available to you (‘the Services’).
The Services are provided to you by or on behalf of the Aviva Group of Companies. We reserve the right to make changes to the Services including the introduction of new services or withdrawal of existing services.
3) Security and Access
Access to the Services is controlled by each User having a unique Online Account Number and Password. Following initial access to the Services using an Online Account Number and Password you may access the Services using an Approved Digital Certificate, being a device that verifies the identity of the User communicating with us electronically.
As a User you will:
- Ensure that you do not share your Online Account Number, Password, Approved Digital Certificate or any other security identification with any other person. Please note that password sharing is an offence under the Computer Misuse Act 1990. You acknowledge that You will remain liable to Us for the safekeeping and security of all passwords provided to Us by You.
- Notify us when you leave your organisation or no longer require access to the Services.
- Notify us immediately you become aware that security of the Services may have been compromised by reason of unauthorised access to the Services.
- Ensure that the software you use to access the Services has adequate security features to prevent unauthorised access.
- Ensure that up to date anti-virus software is maintained on Your system and not deliberately or recklessly introduce any virus or any other code or data which impairs or otherwise adversely affect the operation of any computer or software onto the Services.
- Ensure that when using the Services you only access information to which you are entitled. In the event that you can access information to which you are not entitled you will notify us as soon as possible.
- Ensure that information accessed through the Services is securely stored.
- You must contact the Aviva Life & Pension Agency Team as soon as possible after you leave your organisation so that we can disable your access to the Services. We will send your organisation’s Compliance Officer a list of current Users who are authorised to access the Services through their organisation’s agency code(s) every 12 months. We will not accept liability for any loss or damage suffered by you, your organisation or your Customer arising from continued access to the Services via your Online Account Number, Password or Approved Digital Certificate after you have left your organisation.
Your access to the Services will be withdrawn if you do not attempt to access the Services within six months of the expiry of your password, as detailed in section 4. If access is withdrawn then you will need to re-register as a User for access to the Services.
4) Password Expiry
Your password will expire on the six month anniversary of registration, or date of last password change, if later.
5) Data Protection and Confidentiality
The use of the Services is subject to the provisions in the Data Protection Act 1998.
As a User you will take all reasonable steps to protect all customer data viewed or obtained from the Services which will include, but is not limited to, keeping all customer data and equipment or premises on or in which customer data is stored physically secure.
6) Instructions and Requests on behalf of a Customer
Where you provide instructions or requests on behalf of a Customer through the Services we assume that you are acting with the Customer’s full authority. You accept that we reserve the right to:
- not act upon any instruction or request you provide.
- seek further information before acting upon any instruction or request you provide.
7) Availability of the Services
Availability of the Services will depend on the availability of our services and normal internet availability. We make no warranty or representation that the Services can be accessed at all times. We may extend, amend or withdraw any of the Services at any time and for any reason.
8) Limitation of Liability
You acknowledge that access to the Services may be interrupted or prevented by factors outside our reasonable control or the control of our third party service providers and/or subcontractors. We can not accept liability for any loss that might result from such an event.
We endeavour to keep our records accessed through the Services up to date and accurate but we will not accept liability for claims by you or your Customer for damages or loss arising from an inaccurate or incomplete record.
We do not accept responsibility and will not be liable for the inaccuracy or incompleteness of information or responses you receive through the Services where the inaccuracy or incompleteness arises out of or in connection with the data transmission, machine or software malfunction, or from User error.
Any software is downloaded at your own risk. We do not warrant the suitability of any such software that is downloaded and accept no liability for any problems with your computer that may arise as a result. If you are in any doubt as to the suitability of software to be downloaded for your computer, it is recommended that you obtain specialist advice before downloading.
We may transfer (subject to any necessary regulatory approval) our rights and obligations under this agreement to another company within the Aviva Group provided we give you no less than 30 days prior notice.
11) Enforcement and Waiver
The failure or delay by any party to exercise or enforce any of its rights, or to enforce any obligation which the other party is in breach of under this agreement, is not a waiver of that right nor will it bar enforcement of that obligation (or any similar or other obligation) at that time or any subsequent time.
12) Law and Jurisdiction
This agreement is governed by and is to be construed in accordance with English Law.
If any provision in this agreement is held or made invalid by a court, statute, rule or otherwise, the remainder of the agreement shall be unaffected.
Should it be necessary for you to send any notices, instructions or requests for further information in respect of the Services you should contact us at:
Aviva Life Online Support Team
Carrara Floor 5
0800 056 4607
14) Third party rights
Unless we say differently in this agreement, no other person has any rights under these conditions other than you or us. This agreement is personal to you and can not be assigned or transferred to anyone else.