Competition Law Briefing Paper for Polaris Directors

Please read these terms before using the Polaris.co.uk website (“the Site”).
By using the Site you signify your acceptance of these terms. If you do not agree to these terms please do not use the Site.

1. Purpose

The purpose of the Site is for insurers, brokers and members of the software industry to be provided with information about Polaris U.K. Ltd (“Polaris”), our software products and services and information about insurance industry standards. We do not sell any of our software products via the Site, but if you wish to licence such products you can contact Polaris (0207 265 5765) or use our contact us page to arrange a licence. As a licensee you will be able to download the applicable products via the Site. Please note that the Site is not intended for use by the general public.

2. Availability

We have taken every care in the preparation of the Site. However, as certain technical matters may be beyond our control, we cannot guarantee that you will have uninterrupted access to the Site at all times.

3. Information on the Site

The information that is provided on the Site has been included in good faith for general informational purposes only. It should not be relied upon for any specific purpose and no representation or warranty is given as to its accuracy or completeness and you hereby acknowledge that any reliance upon the information on the Site shall be at your own risk.

We reserve the right to amend any of the content of the Site from time to time without notice to you.

4. Amendment to the Terms

We reserve the right to amend these Terms from time to time without notice to you. Any such amendment shall be effective once the revised Terms have been posted on the Site. As these Terms may be updated from time to time, we suggest that you check them whenever you visit the Site. If you do not agree with the amended Terms you must discontinue using the Site.

5. External Links

Links to other websites are not endorsed nor do Polaris take responsibility for the content of other websites, or are responsible for the availability of them and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites you do so at your own risk.

6. Trademarks

imarket, ProductWriter and all brand, product and service names used on the Site are trademarks, trade names or service marks of Polaris unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or service marks without the prior written permission of Polaris or the owner of such trade marks, trade names or service marks.

7. Ownership of Content

You may not publish, distribute, extract, re-utilise or reproduce any part of the Site in any material form (including photocopying or storing it on any medium by electronic means) other than in accordance with the limited use licence set out in the Copyright Notice section below or as permitted by the Copyright Designs and Patents Act 1988 or the Copyright and Rights in Databases Regulations 1997 as applicable or any equivalent legislation as may apply in the UK.

7.1. User generated content

7.1.1. Keep it relevant
For everyone’s benefit, please stay on topic. The Community is specifically provided to allow users and customers of ProductWriter to help each other in using our software. Please refrain from discussing personal matters, abusing any company or product, or, in general, from posting in a manner unrelated to ProductWriter.

7.1.2. Keep it courteous
Please refrain from posting anything unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, politically sensitive, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable or injurious to third parties[SW1] .

7.1.3. Keep it legal
It is unacceptable to post any material (i) that would infringe on any patent, trademark, trade secret, copyright, or other proprietary rights of any party, (ii) that contains software viruses or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware, (iii) that is deemed to be illegal by any local, or international law, rule, or regulation, or (iv) that suggests or encourages illegal activity.

7.1.4. Keep confidential information confidential
You may not use the Community Hub to disseminate or discuss any confidential information or personal data (as defined by the General Data Protection Regulation) about you, your company, Polaris, or any other person or entity. You are solely responsible to ensure that anything you post does not contain information that may be deemed confidential or to be personal data by a third party. This includes any proprietary information, trade secrets, the terms or existence of Polaris related agreements, nondisclosure agreements, sales or service agreements, any data identifying or relating to an individual, or any other information that may be deemed confidential.

7.1.5. Polaris retains the right to remove content and limit user’s access
Polaris retains the right, at its sole discretion, to limit users’ access to the Community Hub and to remove material that, in Polaris’s sole judgment, does not comply with the current Community Usage Guidelines, or that is otherwise inappropriate, harmful, objectionable, or inaccurate. Moderators may take any action they deem necessary in their own judgment to support the Community Usage Guidelines, and, in general, prohibit content that can detract from the experience of other users or the purpose of the support community. Such actions may include editing or deleting material and suspending individual users. Violation of the Community Usage Guidelines or other terms could result in the suspension or termination of your access to these services. If your account is suspended, you will not be able to sign in.

7.1.6. Disclaimer of Warranties and Limitation of Liability
Members like you are providing most of the material in the ProductWriter Community Hub. Such third-party content is the sole responsibility of the person originating the material. Polaris does not control and is not responsible for this third-party material.

8. Disclaimer

Whilst we have taken care in the preparation of the Site and its contents (including virus checking files which are accessible from the Site), the Site and its contents are provided on an “as is” basis and to the fullest extent permitted by law all warranties (whether express or implied) in respect of the Site and its contents and your use of the same are excluded. Except in the case of death or personal injury caused by our negligence we exclude all liability to you (whether in contract or tort (including negligence or breach of statutory duty ) or otherwise) for any losses sustained arising out of or in connection with the use of the Site including without limitation, loss of profits, loss of data or loss of goodwill (in all of these cases whether direct or indirect) nor any indirect, economic, consequential or special loss.

Notwithstanding the above, we recommend that you conduct virus checks on any files you download from the Site.

9. Copyright Notice

The contents of these pages are © Polaris U.K. Ltd. Reproduction of part or all of the contents of our Site in any form is prohibited other than in accordance with the following permissions:

9.1 Licence to copy for personal use:
You may make copies of the web pages from our Site as necessary incidental acts during your viewing of it, and you may take a print for your personal use of as much of our Site content as is reasonable for the purpose of your Company’s business (“Company” means either the insurance, broker or software company which authorised you to access the Site).

9.2 Licence to recopy for limited purposes:
Only Polaris licensees (users of this Site who have entered into a licence with Polaris for the use of its software) may recopy content from our Site to individual third parties but only for their personal information, and only if:

• You do so with the authorisation of the Company;
• You acknowledge our Site as the source of the material and include the Site’s address in the copy of the material; and
• You inform the third party that these conditions apply to him or her and that he/she must comply with them.

This licence to recopy does not permit incorporation of the material or any part of it in any other work or publication, whether in hard copy or electronic or any other form.

No part of our Site may be reproduced on or transmitted to or stored in any other website or other form of electronic retrieval system.

10. Operator

The Site is operated by Polaris U.K. Ltd (registered number 2911441) and whose registered office and contact address is at:
New London House, 6 London Street, London, EC3R 7LP.

11. Comments

If you have any comments or questions regarding the Site, please contact us.

12. Governing Law

These Terms are governed by and will be construed in accordance with the law of England and Wales. Any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the English Courts.