Terms of Use of Our Website

This page (including all the documents it refers to such as our Privacy and Cookies Policy) tells you the terms and conditions upon which you may use our website Thatchowners (the “site”), and some important legal and regulatory information (the “terms of use”).

Please read these terms of use carefully before you start using the site.

By using our site, you indicate that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you should stop using our site.

We may amend these terms from time to time with or without notice. You should, therefore check this page regularly for updated terms and conditions because they are binding on you.

1. INFORMATION ABOUT US

1.1. Thatchowners is a site operated by Arthur J. Gallagher Insurance Brokers Limited and contains information about the products and services offered by Arthur J. Gallagher Insurance Brokers Limited.

1.2. Thatchowners is a trading name of Arthur J. Gallagher Insurance Brokers Limited which is authorised and regulated by the Financial Conduct Authority. Registered Office: Spectrum Building, 7th Floor, 55 Blythswood Street, Glasgow, G2 7AT. Registered in Scotland. Company Number: SC108909. www.ajginternational.com.

1.3. Wherever the name Thatchowners or the words “we”, “us” or “our” are used on the site, this means Arthur J. Gallagher Insurance Brokers Limited.

2. TRADE MARKS

2.1. The Thatchowners logo is a registered trademark of Heath Lambert Limited, which is part of the Arthur J. Gallagher group of companies. Thatchowners is a trademark of Heath Lambert Limited. The names, images, logos and icons of third party companies, products or services featured on this site are or may be trademarks of their respective owners.

3. ACCESSING OUR SITE

3.1. Access to our site is permitted on a temporary basis, and we reserve the right to terminate, suspend or restrict your access to the site (or any part of it) with or without notice to you if (i) we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these terms of use, or violated our rights or the rights of our affiliated companies or any third party, (ii) if we are so required by one of a third party providing services in connection with the site, (iii) to enable us to repair, maintain or update the site; and/or (iv) for any other reason. If the need arises, we may close the site indefinitely with or without notice to you.

3.2. We and our service providers have taken great care in preparing this site. However, technical issues may arise. Therefore, we cannot commit that you will have uninterrupted or error free access to the site at all times, that defects will be remedied, or that the site, or the server(s) that make(s) the site available, are virus free or are not subject to denial of service attacks.

3.3. We will not be liable to you if for any reason our site and/or our content is unavailable at any time or for any period (see section 7 below).

3.4. When using our site, you agree:

3.4.1. to use the site only via manually conducted, discrete, individual activities or (where necessary) via tools provided by us;

3.4.2. not to access or use this site from a location outside the United Kingdom;

3.4.3. not to reproduce, duplicate or copy our site or content made available through the site (whether in whole or in part) other than as expressly permitted in these terms of use;

3.4.4. not to sell, rent, lease, re-sell or charge anybody for granting rights to use or access our site or the content made available through our site (whether in whole or in part);

3.4.5. not to reverse engineer, decompile or disassemble any components with which we may provide you for installation on your workstation (“software component”), except to the extent that such activity is expressly permitted by applicable law, nor to circumvent any technological protection measures in these software components and/or in the site;

3.4.6. not to access or use the site in any way that breaches any applicable local, national or international laws or regulations;

3.4.7. not to access or use the site in a way that is unlawful, libellous, defamatory, threatening, harassing, malicious, abusive, pornographic, obscene or embarrassing to any person;

3.4.8. not to access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site or any equipment or network or software owned or used by any third party; or

3.4.9. not to use the site in any way which infringes or may reasonably infringe any copyright, trade mark, trade secret, know-how, confidential information or any other intellectual property rights of a third party.

3.5. You agree to, at all times, reimburse each company within our group and its officers, employees and agents ("those indemnified”) for any losses, costs, expenses (including reasonable legal costs and expenses) and/or liability which those indemnified reasonably incur and/or suffer as a result of or in connection with:

3.5.1. a claim by a third party that results from your use of this site in a manner, or for a purpose, that breaches the provisions set out in sections 3.4 and/or 3.5 of theses terms of use;

3.5.2. your use of the site in breach of any applicable laws or regulations;

3.5.3. any attempt to breach the security of or gain unauthorised access to the network, systems, software or any computing facilities related to the site or software components, which is traced to you; and/or

3.5.4. any claim by a third party that our use, or that of our service providers, of any data or materials you provided through the site infringes the intellectual property rights of a third party.

3.6. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

3.7. If you are one of our members of staff, officers, a contractor or the member of staff of one of our contractors or that of a member of our group of companies, you must not use this site in order to fulfil any tasks, services or any other obligation you may be have to us pursuant to such capacity.

4. INSURANCE INFORMATION, QUOTES AND PURCHASE

4.1. We offer information around home insurance for thatched properties and the facility to request quotes in relation to home insurance solely for permanent residents of the United Kingdom who must be 18 years of age or over and accessing and using the site from within the United Kingdom. Accordingly, this site and terms of use are directed only at such persons.

4.2. You acknowledge that the information, descriptions and terms on the site may not represent full or complete descriptions of all terms and conditions relating to our products and services and that we will provide complete details in your schedule of cover, policy documents and/or conditions of purchase. Therefore if you purchase any of our products and/or services following receipt of a quote requested via the site, additional terms and conditions in respect of such products and services will apply. We will draw your attention to these whenever you apply for and/or purchase any of these products and/or services. These additional terms and conditions will override any conflicting term contained in these terms of use.

4.3. It is your responsibility to ensure that the details you give to us while using this site, or when prompted following a quote request generated from this site, are true, accurate, up-to-date and complete and in particular you should ensure that you understand any pre-purchase and post-purchase declarations.

4.4. We therefore remind you that you must take reasonable care to answer all questions honestly and to the best of your knowledge and belief and not to make a misrepresentation to the insurer. Providing details that are untrue, inaccurate, out-of-date or incomplete may result in the refusal of your claim, alteration of policy terms, insurers reducing the amount of your claim they pay to take account of any increased premium they would have charged and/or your policy being cancelled or treated as if it never existed. If any of the information you provided when you took out your insurance is or becomes untrue, inaccurate, out-of-date or incomplete you should contact us as soon as possible to correct this.

5. INTELLECTUAL PROPERTY RIGHTS

5.1. We are either the owner or the licensee of all intellectual property rights in our site, in any software components we may make available to you and in the content and materials published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

5.2. For any software component we may make available to you, we give you a non-exclusive non-transferable revocable licence to install and use such components solely to the extent necessary to use the site and any services you may have ordered from us and in accordance with these terms of use.

5.3. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to materials and content posted on our site.

5.4. You must not modify in any way the paper or digital copies of any materials you have printed off or downloaded from the site, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

5.5. You must not remove, modify or obscure any copyright, trademark or other intellectual proprietary rights notices that are contained in the site or content provided on it and when using such content you must always acknowledge us (and any identified contributors) as the authors of materials on our site.

5.6. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

5.7. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5.8. You must make sure that you have the necessary rights to provide us (and our service providers) with any data that you may provide through the site.

6. RELIANCE ON INFORMATION POSTED

6.1. Commentary and other materials posted on our site are not intended to amount to advice on which you should rely and/or act. To the extent permitted by law, we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any of its contents.

7. OUR SITE CHANGES REGULARLY

7.1. Although we are under no obligation to update any materials or content on our site we aim to update our site regularly, and may change its content at any time. However this means that any of the materials on our site may be out of date at any given time. When need be, we may withdraw or amend the content we provide on our site with or without notice to you.

8. OUR LIABILITY

8.1. This section applies to the site and content displayed on it and your use of it, and not to our insurance products and services that you may purchase by phone. Exclusions and limitations regarding these products and services are to be found in separate terms and conditions.

8.2. To the extent permitted by law,

8.2.1. the materials and content displayed on our site are provided “as is” and “as available”. We shall not be liable for any claims (however they arise including in relation to negligence) related to accuracy or availability of any materials or content on the site or that anything on the site infringes the intellectual property rights of third parties;

8.2.2. the functional and technical aspects of the site are provided “as is” and “as available”. We shall not be liable for any claims (however they arise including in relation to negligence) that the site is not available or error-free or that it infringes the intellectual property rights of third parties;

8.2.3. we, other members of our group of companies and third parties connected to us hereby expressly exclude:

8.2.3.1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

8.2.3.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials and content posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

8.3. The contents of the site are for general informational purposes only (and do not constitute any form of professional advice) and should not be used or relied upon as a substitute for detailed advice specific to you or your organisation. Where the contents of this site include a recommendation or an assessment of risk, such recommendation or assessment of risk is an expression of opinion only and not a statement of fact. Any decision to rely upon any such recommendation or assessment (or any other part of this site) will be solely at your own risk, for which we accept no liability. The contents of this site do not replace the need for you to make your own assessment. Before taking any action based upon any of the contents of this site, you should consult one of our professionals or other appropriate advisor.

8.4. This section 8 does not limit or exclude our liability for death or personal injury arising from our negligence or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

9. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

9.1. We process information about you in accordance with our Privacy and Cookie Policy (the “Policy”). The Policy sets out: (i) the terms on which we process any personal data we collect from you, or that you provide to us; and (ii) information about the cookies on our site. The Policy can be accessed via the link at the bottom of the homepage.

9.2. Please be aware that we will pass your data to, and that your data will be also processed by, third parties for the purpose of operating the site, analysing use of the site and/or for the purpose of responding to your request for a quote. Such third parties may be for example any service provider that we use to operate or manage the site, insurers or other third parties acting on behalf of insurers

9.3. By using our site, you consent to such processing.

10. VIRUSES, HACKING AND OTHER OFFENCES

10.1. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

11. LINKING TO OUR SITE

11.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

11.2. You must not establish a link from any website that is not owned by you.

11.3. Our site must not be framed on any other site, nor may you create a link to any part of our site without our permission. We reserve the right to withdraw linking permissions with or without notice.

12. LINKS FROM OUR SITE

12.1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of or inability to use them. We do not endorse or recommend any views, advice, products or services offered on sites accessible via this site.

13. JURISDICTION AND APPLICABLE LAW

13.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these terms of use in your country of residence or any other relevant country.

13.2. These terms of use and any dispute or claim arising out of or in connection with them 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 Wales.

14. VARIATIONS

14.1. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

15. SEVERABILITY

15.1. If any provision or part provision of these terms of use are found to be illegal, invalid or unenforceable then such provision or part provisions shall be deemed not to form part of these terms of use, and the legality, validity or enforceability of the remainder of the terms of use shall not be affected, unless otherwise required by operation of applicable law.

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