Aviva Brand Website Terms and Conditions
1. ACCESS TO AND USE OF THIS WEBSITE
1.1 Access to and use of this website, located at https://www.avivabrand.com, known as the Aviva Brand Website (“the Brand Website”), is provided by Aviva PLC (company number 02468686), whose registered office is at St Helen’s, 1 Undershaft, London, EC3P 3DQ. The Brand Website’s purpose is to enable access to and use of specified Aviva Brand Assets (as defined below); by organisations undertaking commissions or collaborating with Aviva Group companies, to the extent and for the period those Brand Assets are required by the organisation to carry out their obligations to the applicable Aviva Group company (“Permitted Purpose”).
1.2 All access to and use of the Brand Website is subject to the terms and conditions set out below (“Terms and Conditions”), which by completing the registration form and accessing the Brand Website you agree, on your own account (and on behalf of the organisation seeking access and use in accordance with Clause 1.1 above) to comply with. If you do not agree with any of these Terms and Conditions you are not permitted to use the Brand Website or the Brand Assets and you must cease access immediately.
1.4 If there is a conflict between these Terms and Conditions and the terms of Your Contract (as defined below), Your Contract shall prevail but only to the extent of such conflict.
1.5 We recommend that you retain a copy of these Terms and Conditions for future reference.
2.1 In these Terms and Conditions the following definitions shall apply, unless the context requires otherwise:
means Aviva PLC;
means Aviva and the group of companies, of which, for the time being, it is the ultimate parent undertaking of or any subsequent parent undertaking thereof, or successor thereto, from time to time;
“Aviva Brand Assets”
means the Aviva Group trade marks, service marks, logos, images, video and other content owned or licensed by the Aviva Group which we make available on the Brand Website from time to time;
means the Aviva brand guidelines and/or the Aviva Investors’ brand guidelines, that set out the rules to be followed when using the Aviva Brand Assets, as may be updated and amended from time to time;
has the meaning given to it in Clause 1.1 above;
“Intellectual Property/Intellectual Property Rights”
means all intellectual property rights, including, but not limited to, patents, trade secrets, trade marks, service marks, trade or business names, copyrights and other rights in works of authorship (including rights in computer software), moral and artists’ rights, design rights, domain names, know-how, database rights and semi-conductor topography rights and whether any of the foregoing are registered or unregistered and all rights or forms of protection of a similar nature in any country;
has the meaning given to it in Clause 1.1 above;
means the information provided by you to apply for access and use of the Brand Website;
“You/ you” or “Your/your”
you and/or the organisation you represent, as applicable; and
means any current contract you may have with the applicable company in the Aviva Group which explicitly licenses you or your organisation to use Brand Assets to perform your obligations under it;
3. REGISTRATION PROCESS FOR ACCESS TO THE BRAND WEBSITE
3.1 You represent and warrant to Aviva that the Registration Information is true, accurate and complete and you will promptly inform us of any material change to the Registration Information. If any of the Registration Information is untrue, inaccurate or incomplete or, we suspect the same, we reserve the right to immediately suspend or terminate your access to the Brand Website, without notice.
3.2 You are responsible for the login and password provided for access to the Brand Website and you agree:
3.2.1 to keep the login and password confidential and secure;
3.2.2 not to allow any third parties to use your login and password to gain access to the Brand Website;
3.2.3 that the individual allocated a particular login and password provided for use with the Brand Website shall be the only person permitted to use the Brand Website pursuant to that individual login and password;
3.2.4 that if you leave the organisation requiring access under Clause 1.1 above you will immediately cease to use and access the Brand Website;
3.2.5 to regularly change your password from time to time, using the option within ‘Your Profile’;
3.2.6 if you know or suspect that anyone, other than you, knows your password, or if there has been another security breach you shall promptly notify us at firstname.lastname@example.org; and
3.2.7 that you will remain responsible to us for any unauthorised use of your login and password.
3.3 We reserve the right to disable your user login and password, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
3.4 If you have not used your password and login to access the Brand Website for a period of one year, your login and password access will be terminated automatically (unless you are an employee of a company in the Aviva Group) and you will need to contact us to regain access to the Brand Website if it is still needed.
4. HOW YOU MAY USE THE AVIVA BRAND ASSETS ON THE BRAND WEBSITE
4.1 Subject to the restrictions set out in these Terms and Conditions, we grant you a royalty free, revocable, non-exclusive licence to use the Aviva Brand Assets solely for the time and to the extent necessary for performing the Permitted Purpose. You may not copy, reproduce, download, post, broadcast, transmit or otherwise use the Aviva Brand Assets for any other purpose. For the avoidance of doubt these Terms and Conditions do not, and shall not be construed as, giving you any license to use the Brand Assets which is wider or inconsistent with any license of the Brand Assets in Your Contract.
4.2 All use of the Aviva Brand Assets must be strictly in compliance with the Brand Guidelines which can be found in the Guidelines section of the Brand Website. We reserve the right to immediately terminate your access, without notice, to the Brand Website if you are, or we believe you are in breach of any of the Brand Guidelines.
4.3 We may request, based on reasonable objections, the removal of, or revisions to, any of the Aviva Brand Assets that are published on the Brand Website. You agree to take appropriate remedial action with respect to any such request within such period as Aviva may require in the circumstances.
4.4 We or our Aviva Group companies are the owner or the licensee of all Intellectual Property Rights in the Aviva Brand Assets, and the Brand Website. Title to and ownership of all Intellectual Property Rights embodied by or otherwise incorporated into the Aviva Brand Assets and the Brand Website shall remain with us and our Aviva Group companies and licensors, as applicable. Except as expressly provided for in these Terms and Conditions, and Your Contract, nothing shall be construed as granting to you any right, title or interest in or to the Brand Website or the Aviva Brand Assets.
4.5 You must not use any part of the Aviva Brand Assets in whole or in part for any commercial purpose other than those strictly required for the performance of the Permitted Purpose.
4.6 If you print off, copy or download any part of our Aviva Brand Assets in breach of these Terms and Conditions, your right to use the Brand Website will cease immediately and you must, immediately, at our option, return or destroy any copies of the materials you have made.
4.7 Where the Brand Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or any information you may obtain from them. We have no control over the contents of those sites or resources.
4.8 You will not adapt, alter or create a derivative work from any Aviva Brand Assets in a way which is defamatory or calculated to bring the Aviva Group, or any person pictured in it into disrepute.
4.9 You agree to only use the Aviva Brand Assets and the Brand Website for lawful purposes and in a way, that does not infringe the rights of the Aviva Group or any third party or restrict or inhibit anyone else's use of the Brand Website.
4.10 You may not access or use the Brand Website or otherwise exploit, extract, screen scrape, publish, distribute, or reproduce any part of the Brand Website and may not use “bots” or other electronic automatons to interact with the Brand Website.
4.11 We may take legal action if we discover any unauthorised use or interference with access to the Brand Website, misappropriation, misuse or infringement of our content, website functionality, look and feel of the Brand Website or interference with the identity of the Brand Website or any action to impair the goodwill of our trade names, trade marks or other Intellectual Property.
4.12 Save for the limited access to the Brand Website permitted in these Terms and Conditions (and the license rights in Your Contract), nothing contained in these Terms and Conditions shall be construed as conferring by implication, estoppel or otherwise any license or right to use the Aviva Brand Assets.
5. DISCLAIMER AND INDEMNITY
5.1 We do not warrant that:
5.1.1 the functions of the Brand Website and/or availability of the Aviva Brand Assets will be uninterrupted or error free;
5.1.2 defects will be corrected; or
5.1.4 that the Aviva Brand Assets and/or the Brand Website will not infringe the rights of any third party.
5.2 To the maximum extent permitted by law we exclude all implied conditions, warranties, representations or other terms that may apply to the Brand Website and/or the Aviva Brand Assets.
5.3 You shall indemnify us and the other companies in the Aviva Group and keep us and the other companies in the Aviva Group indemnified from and against all claims, losses, damages, expenses, costs (including without limitation legal cost) and liabilities arising directly or indirectly in connection with your use of any Aviva Brand Assets, or access to and/or or use of the Brand Website or by reason of the breach by you of any of these Terms and Conditions.
6.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
6.2 Subject to Clause 6.1, we will not be liable to you for any loss or damage, whether in contract, tort (including without limitation negligence), breach of statutory duty, or otherwise, arising under or in connection with:
6.2.1 use of, or inability to use, our Brand Website; or
6.2.2 use of or reliance on the Aviva Brand Assets displayed on our Brand Website; and,
in particular, we will not be liable to you for:
6.2.3 loss of profits, sales, business, or revenue;
6.2.4 business interruption;
6.2.5 loss of anticipated savings;
6.2.6 loss of business opportunity, goodwill or reputation;
6.2.7 any indirect or consequential loss or damage;
6.2.8 events beyond our control or which could not have been reasonably foreseen; and/or
6.2.9 third party interference such as hacking, computer viruses, bugs, trojans, information posted on the web by unauthorised parties, phishing, and any other cyber crime.
7. 7. HOW WE MAY USE YOUR PERSONAL INFORMATION
8. 8. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
8.1 While we take reasonable security precaution in respect of the Brand Website we do not warrant that the Brand Website will be totally secure or completely free from bugs, computer viruses or other malicious materials.
8.2 You are responsible for configuring your information technology, computer programs and platform to access the Brand Website. You should use your own virus protection software.
8.3 You must not misuse the Brand Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Brand Website, the server on which it is stored or any server, computer or database connected to it. You must not attack the Brand Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this Clause 8.3, you would be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Brand Website will terminate immediately without notice.
9.1 We may update or amend these Terms and Condition at any time by posting changes online. Please review these Terms and Conditions regularly to ensure that you are aware of any changes we have made. Your continued use of the Aviva Brand Assets and/or the Brand Website means that you agree to be bound by these Terms and Conditions as updated and/or amended.
9.3 We take abuse of the Brand Website very seriously and reserve the right to withdraw your access to the Brand Website and the Aviva Brand Assets at any time and for any reason, without notice.
9.4 If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.
9.6 Any member of the Aviva Group may enforce these Terms and Conditions but these Terms and Conditions do not give rise to any other rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term herein. The rights of the parties to rescind or vary these Terms and Conditions are not subject to the consent of any other person.
9.7 You may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of your rights or obligations under these Terms and Conditions without our prior written consent. We may assign, transfer, mortgage, charge, declare a trust over or deal in any other manner with our rights under these Terms and Conditions without your consent.
9.8 The parties irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) that arise out of or in connection with these Terms and Conditions or its subject matter or formation.