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RPC Claims Management System - Client terms of use

These terms of use apply with effect from 3 September 2018

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.

Where RPC provides you with the information access service it does so on these terms of use. By accessing the information access service you are agreeing to these terms of use.

These terms of use relate solely to the provision of access to the information access service and apply separately, and without prejudice, to the terms of engagement (and any documents referred to therein) entered into between you and RPC in relation to the relevant claim.

1. Definitions and interpretation

In these Terms of Use, the following words and phrases shall have the meanings set out below:

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

End User Terms: the terms of use specified by RPC in relation to use of the System and the Claims Information Service as updated and amended by RPC from time to time (such terms being made available by RPC to the Authorised End Users when they access the System or use the Information Access Services or which may otherwise be communicated to you or the Authorised End Users, including by email, from time to time).

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.

In these Terms of Use references to persons shall include firms, companies and other organisations; a reference to a statutory provision includes a reference to the same as modified, re-enacted or replaced from time to time and any subordinate legislation made under it;

In these Terms of Use headings shall not affect its interpretation; the words “include”, “includes”, “including” shall be construed as if they were followed by the words “without limitation”. 

2. The service

RPC provides the Information Access Service to you free of charge. You agree that you will use the Information Access Service for your internal business purposes only, subject to and in accordance with these Terms of Use.

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

You must:

  • 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;
  • supervise and control  Authorised End Users to ensure that the Information Access Service is used by  Authorised End Users in accordance with these Terms of Use and the End User Terms; and
  • 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 support.rpcclaims@rpc.co.uk. 

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
  • if you or your Authorised End Users commits a material or persistent breach of these Terms of Use.

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

You acknowledge and agree that the limitation and exclusions of liability in these Terms of Use are reasonable bearing in mind the Near Time nature of the Information Access Services and the Information Access Service being provided at no charge. 

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;
  • any other matter stated in these Terms of Use for which it is acknowledged that RPC will not be liable.

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.

Nothing in these Terms of Use limits or excludes any liability which cannot legally be limited, including liability for:

  • death or personal injury caused by negligence; or
  • fraud or fraudulent misrepresentation.

7. General

RPC may vary these Terms of Use from time to time. Such changes shall take effect on the date specified. Changes will not take effect for 30 days following the updated terms being published on RPC's website or such changes being notified to you (whichever is earlier). If any changes to these Terms of Use are not acceptable to you, you must cease using the Information Access Service by giving notice under clause 4.4. If you continue to use the Information Access Service after the changes to these Terms of Use take effect then such changes shall be deemed to have been accepted. No other variation, or purported variation, of these Terms of Use shall be valid unless it is in writing and signed by both parties.

Save as set out in clause 3.3, all other notices to be given under these Terms of Use shall be in writing (which includes by email).

You acknowledge that RPC is the owner or the licensee of all Intellectual Property Rights in the Information Access Service.  All such rights are reserved and these Terms of Use do not grant to you any Intellectual Property Rights in the Information Access Service or the System.

Any waiver by RPC of a breach of any provision of these Terms of Use shall not be deemed to be a waiver of any subsequent breach of any provision.

If for any reason any part of these Terms of Use is deemed to be unenforceable, then that part of these Terms of Use will be severed and this will not affect the validity or enforceability of the remaining terms. 

You shall not, without RPC's prior written consent, subcontract, assign, transfer or deal in any other manner with all or any of your rights or obligations under these Terms of Use.

RPC will have no liability to you if it is prevented from or delayed in performing its obligations under these Terms of Use by acts, events, omissions or accidents beyond its reasonable control, including without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of god, war, riot, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant machinery or fire, flood, or storm.

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.

These Terms of Use (together with any documents referred to therein) constitutes the entire agreement between you and RPC in relation to your use of the Information Access Service and supersedes any prior agreements between you and RPC in relation to the Information Access Service. 

You agree that you have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms of Use.  For the avoidance of doubt, this Information Access Service is entirely separate to any engagement to provide legal advice to you and ending use of the Information Access Service will not affect any other agreement that RPC has with you.

These Terms of Use, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with English law under the exclusive jurisdiction of the English courts.