Acceptable Use Policy

PLEASE READ THIS “ACCEPTABLE USE POLICY” CAREFULLY BEFORE USING THE WINDEMNITY SERVICES

  1. What's in these terms

    1. This policy sets out the acceptable use terms and conditions (the “Acceptable Use Policy”) applying to all visitors to our website www.windemnity.com (the “Windemnity Website”) and/or to all users who have signed into our technology platform (the “Windemnity Platform”) (collectively being known as the “Windemnity Services”).
    2. By using the Windemnity Services you accept this Acceptable Use Policy.
    3. If you do not wish to accept this policy, please do not use the Windemnity Services.

  2. Who we are and how to contact us

    1. Minamiva Holdings Limited t/a Windemnity (“Windemnity”, "we", “our”, or “us”) operates the Windemnity Services.
    2. We are registered in England and Wales under company number 12064895 with our registered office at 9 Bakery Street, London SE16 3GF. Our VAT number is 345 3810.
    3. To contact us, please email info@windemnity.com or use the relevant contact forms on the Windemnity website.

  3. There are other terms that may apply to you

    1. The following terms also apply to your use of the Windemnity Services:
      1. Our Privacy Policy
      2. Our User Terms and Conditions
      3. Our Cookie Policy
    2. In addition, the following may apply when you use the Windemnity Platform.
      1. Our Client TOBA (see definition below).

  4. You agree that you will

    :
    1. Use the Windemnity Services in a responsible, professional and lawful manner, respectful of the rights and views of others;
    2. Only use the Windemnity Services if you are a professional person or entity (and are not a general consumer);
    3. Only use the Windemnity Services if you are based in the UK;
    4. Use your real credentials in your profile and keep these updated;
    5. Comply with all Windemnity policies (as set out in clause 3); and
    6. Comply with all applicable laws and/or regulations.

  5. You agree that you will not

    :
    1. Use the Windemnity Services for any domestic or private purpose;
    2. Interfere with the operation of the Windemnity Services in any way;
    3. Use, monitor, copy or undertake any action in relation to the Windemnity Services for any competitive purpose.
    4. Use any part of the content on the Windemnity Services for any other commercial purpose;
    5. Deep link, copy, exploit, distribute (directly or indirectly), make available to others any content of our Windemnity Services, products or services without our express written permission;
    6. Disclose your Windemnity account details (for the Windemnity Platform) to a third party;
    7. Bypass or circumvent any access controls or use limits of our Windemnity Services, or breach or override any security features including attempting to access any features which are restricted to you;
    8. Transmit or procure the transmission or sending of an unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation or spam; and
    9. knowingly distribute or transmit any Virus via the Windemnity Services. Any breach of this clause 5.9 would be 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.

  6. We may suspend or withdraw Windemnity

    1. Failure to comply with this Acceptable Use Policy or any other of Windemnity’s policies constitutes a material breach, and in the event of any such breach or suspected breach, we have sole discretion without liability to take such action as we deem appropriate. Such actions include but are not limited to:
      1. Suspension of your access and/or use of the Windemnity Services;
      2. Termination of your access and use of the Windemnity Services;
      3. Legal proceedings; and
      4. Disclosure to law enforcement authorities.
    2. Material breach is where your use (in part or in full) of the Windemnity Services is:
      1. in breach or suspected breach of any of the terms of Windemnity’s Acceptable Use policy
      2. in breach or suspected breach of any other Windemnity policies (as set out in clause 3)
      3. not compliant with applicable laws and/or regulations.
    3. If we suspend your access to the Windemnity Platform pursuant to this clause, we shall inform you of the reasons of the suspension and shall work to resolve such issues with the aim to re-instate access and use of the Windemnity Platform, but only once the breach is remedied as appropriate.
    4. If we terminate your access to the Windemnity Platform we shall inform you as soon a reasonably practicable and you shall immediately cease to have access.

  7. Changes to this acceptable use policy

    1. We may make changes to this policy at any time by amending this page.
    2. We will try to give you notice, however you are expected to check this page from time to time to take notice of any changes before use of the Windemnity Services.

  8. Limitation of liability

    1. To the fullest extent permittable by law, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with your breach of this policy.

  9. Customer location & applicable law

    The Windemnity Services are only intended to be used by people residing in the United Kingdom. The Windemnity Acceptable Use Policy and any dispute or claim arising out of or in connection with this or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and the exclusive jurisdiction of the English courts unless we agree with you otherwise..

  10. Privacy and Data Protection

    1. Windemnity respects your privacy and is committed to protecting your personal data in accordance with the UK’s Data Protection Laws.
    2. For M&A insurance policies, it is not common for any “Personal Information” (as defined under the Data Protection Act 2018) to be provided, but to the extent that it is, the terms and conditions relating to our handling of this or any of your information are set out in our Privacy Policy on the Windemnity Website.

  11. Glossary

    Client TOBA: this is our usual terms of business agreement that is provided and applies for each placement relating to the insurance services provided by Windemnity to the prospective insured.

    Virus: any thing, action, or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, logic bombs, viruses, anything which exploits any weaknesses in computational logic, and other similar things or devices.