REYNOLDS PORTER CHAMBERLAIN LLP (RPC) utilises a claims management system and via such system is able to permit clients of RPC to view certain information about claims on which RPC is acting on their behalf.
1. Definitions and interpretation
Authorised End User: a person employed by you or a company within your Group who you authorise to access the Information Access Service.
Claim(s): an insurance claim where RPC is acting for you as its client.
Claims Information: information about each Claim or combination of Claims which is displayed through the Information Access Service and which may include information at both an individual matter or portfolio level about the Claim or Claims.
Client Resources: any equipment, resources and/or other services that you may require to access the Information Access Service
Group: in relation to any person means that person, any company which is its subsidiary or holding company or which is a subsidiary of any such holding company from time to time. Subsidiary and holding company shall have the meanings given to them in Section 1159 of the Companies Act 2006.
Information Access Service: making available via the System information about Claims for you to view, as such service may be amended by RPC from time to time.
Intellectual Property Rights: any intellectual property right, including copyright and related rights, trade marks, business names and domain names, goodwill and the right to sue for passing off, unfair competition rights, database rights, rights to use, and protect the confidentiality of, confidential information and all other intellectual property rights, in each case whether registered or unregistered and including all applications for, 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 in the future in any part of the world.
Near Time: describes the usual speed of the transfer of data to be viewed via the System subject to a time delay introduced by network transmission limitations and the automated data processing required for on-screen presentation.
System: the relevant claims management system used by RPC from time to time via which it makes available access to you of the relevant Claim Information.
2. The service
You acknowledge and agree that the Information Access Service captures RPC's Claims Information on a Near Time basis and may include RPC's working, preparatory or draft work. RPC therefore is not warranting or otherwise guaranteeing the accuracy of the Claims Information provided through the Information Access Service. While RPC will take reasonable measures to ensure that the information provided through the Information Access Service is as accurate as possible, it is always possible that some of the Claims Information is out of date, inaccurate or in draft form.
You acknowledge and agree that the Claim Information provided through the Information Access Service does not constitute legal advice.
You agree that you will not rely on the Claims Information for internal or external reporting purposes and, in particular, you agree not to advise or suggest to any third party that RPC has verified the accuracy of any Claims Information provided through the Information Access Service. If you require a formal report, portfolio information (including bordereaux) or legal advice on a particular Claim or Claims you must contact the RPC Claims Team Leader or RPC Client Partner who are dedicated to managing your client account on RPC's behalf.
RPC will permit Authorised End Users to access the Claims Information Service as follows:
- such permission shall be at RPC's discretion and RPC may limit the total number of Authorised End Users that are provided with access; and
- only where the Authorised End Users agree to comply with the End User Terms.
RPC shall use reasonable endeavours to cancel an Authorised End User's access to the Claims Information System as soon as is reasonably practicable after receiving notification from you to do so pursuant to clause 3.3.
In addition to any rights to end use of the Information Access Service, RPC may suspend or end the access of any Authorised End User in its sole discretion where the Authorised End User is (or RPC reasonably believes that the Authorised End User is) in breach of the End User Terms or if for any legal, security or technical reasons where (acting reasonably) RPC determines that it is necessary to do so.
RPC does not warrant that your use of the Information Access Service will be uninterrupted or error-free. RPC is not responsible, and you shall have no recourse against RPC 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. You acknowledge that the Information Access Service may be subject to limitations, delays and other problems inherent in the use of such communication facilities.
RPC is not responsible for providing any Client Resources, which at all times remain your responsibility. RPC has no liability to you if you are unable to utilise the Information Access Service where this is due to failures of or issues with Client Resources.
RPC may change the content and the way Information Access Service is provided to you and you will cooperate with RPC in relation to such changes. RPC reserves the right to withdraw, modify or suspend any or all aspects of the Information Access Service where it has legal, security, technical or commercial reasons to do so. RPC shall endeavour to give you reasonable advance notice of any material changes, except where it is necessary to take earlier action for security reasons or because of technical difficulties which would otherwise adversely affect the Information Access Service. You acknowledge that if you do not wish to continue using the Information Access Services, after such changes have occurred, you may end your use of the Information Access Service at any time in accordance with Clause 4.4.
3. Client obligations
- provide RPC with details of persons which are your Authorised End Users and the relevant Claims Information that you wish each Authorised End User to be able to access.
- provide RPC with all other necessary information as may be reasonably requested in order to provide you or your Authorised End Users with access to the Information Access Service;
- comply with all applicable laws with respect to your use of the Information Access Service and ensure that all Authorised End Users comply with all applicable laws when using the Information Access Service;
- use reasonable endeavours to not transmit any viruses or any other malicious material during the course of your use of the Information Access Service;
- not attempt to reverse compile, disassemble, reverse engineer or otherwise reduce the Information Access Service to human-perceivable form all or any part of the software applications;
- permit, or purport to permit, any person other than your Authorised End Users to use the Information Access Service;
- not assist third parties in obtaining access to the Information Access Service or the System;
- inform RPC promptly if you wish RPC to withdraw an Authorised End User's access to the Information Access Service.
You acknowledge that an Authorised End User may still access the Information Access Service if you fail to specifically inform RPC that the Authorised End User's account should be cancelled and RPC shall not be liable to you in the case of such continuing access.
Requests for support (including requests to set up new Authorised End Users or delete or amend Authorised End User accounts) in relation to the Information Access Service or to end your use of the Information Access Service should be directed to email@example.com.
4. Ending service
RPC may stop providing the Information Access Service to you at any time by providing not less than 60 days prior written notice to you of such termination.
RPC may immediately stop providing the Information Access Service (and without needing to provide notice):
- if RPC is removed from the panel of legal services firms which are designated as being acceptable by you to act on your behalf in relation to insurance claims; or
- if you are no longer a client of RPC.
RPC may immediately stop providing the Information Access Service by written notice to you:
- if for any reason the System is no longer available; or
You may end your use of the Information Access Service at any time by providing not less than 7 days prior written notice to RPC that you no longer wish to use the Information Access Service.
Where the Information Access Service will no longer be provided or is no longer required pursuant to this clause, your access to the Information Access Service shall end and you must cease to use the Information Access Service and not otherwise attempt to gain access to the Information Access Service after such time.
5. Data protection
You acknowledge that RPC collects and processes data in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679 and the Data Protection Act 2018. RPC collects and processes data exclusively for the purpose of the provision of the Information Access Service to you and your Authorised End Users.
You acknowledge that third parties who are involved in providing the System to RPC may collect and process data in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679 and the Data Protection Act 2018 for the purposes of maintaining and improving the Information Access Service.
6.Limitation of liability
All implied conditions, warranties, representations or other terms that may apply to the Information Access Services are expressly excluded.
You agree that RPC will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Information Access Service; or
- use of or reliance on any content displayed via the Information Access Service; or
- for any inaccuracies, mistakes or omissions in the information provided through the Information Access Service;
You agree that the RPC will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if such loss is foreseeable, for any:
- loss of profits, sales, business, or revenue;
- loss arising from business interruption;
- loss of anticipated savings; or
- loss of business opportunity, goodwill or reputation;
- in each case whether such losses are direct or indirect.
You agree that the RPC will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, for any special, indirect or consequential loss or damage.
Without prejudice to clauses 6.1 to 6.5 above, you agree that insofar as RPC may have liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, such liability shall not exceed £1,000.
- death or personal injury caused by negligence; or
- fraud or fraudulent misrepresentation.
A person who is not a party to these terms and conditions may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.