Abbey USA Inc.
TERMS OF SERVICE AGREEMENT
Please Read Through
The following Terms of Service Agreement ("TOS ") constitutes a binding legal contract between you and ABBEY USA INC. (“ABBEY”). Please carefully read these terms as they affect your legal rights. You ("User") are invited to consult with counsel prior to accepting the terms of this TOS. Before you use the services provided by ABBEY and www.abbey-usa.com you must read and accept all of the terms and conditions in, and linked to, this User TOS.
By using the services provided by ABBEY and its websites (www.Abbey-USA.com and other related websites) (the "Website(s)"), you are agreeing to the following terms, including those available by hyperlink, (the "TOS" or "Terms of Service") with ABBEY and the general principles for the Websites.
ABBEY provides Insurance Services through its online Insurance Management Systems known as VERNON which is accessible from www.abbey-usa.com. ABBEY and its Websites allows its users to quote, request and issue Cargo Insurance Certificates through the In-House policies executed by ABBEY USA INC. and the Insurance Companies that wrote mentioned policies.
By entering and using ABBEY Services and Websites, you agree to abide by the following terms and conditions:
Personal and Organisational Information (collectively “Personal Information”) is collected by ABBEY USA INC. (“ABBEY”), for the purposes of: enabling the use of the ABBEY application providing Insurance Services through its online Insurance Management Systems known as VERNON which is accessible from www.abbey-usa.com; sharing with parties as approved by the owner of the Personal Information and responding to authorized requests related to information audits and legislative requirements.
In addition, where our products or services (“Service(s)”) are involved, we use Personal Information as an integral part of an ongoing process of maintenance of our accounts, including but not limited to: considering, establishing and maintaining a User profile, assessing the online use of the application as it relates to performance and pricing policies and execution, investigating, evaluating and handling potential system security breach claims. In using Personal Information for these purposes ABBEY sometimes discloses personal information to: ABBEY employees directly involved in handling ABBEY business and those responsible for corporate governance, regulators and auditors, courts of law, legal counsel retained to advise or assist ABBEY with respect to system’s matters, financial institutions for processing your online payment and companies related to ABBEY.
Individual online usage patterns will not be disclosed to either advertisers or to third parties. ABBEY will not disclose the name of your organization, or the names, addresses, telephone numbers, email addresses, or other personal identifying information regarding document signers or Users, without your consent. ABBEY does not process or store your credit card information on any of its servers unless required by you. This information is managed by our payment gateway provider.
By using this service, you are agreeing that ABBEY will store the documents administered within its online servers and make them accessible to you and the Users you share these documents with. For enterprise accounts, the documents may also be available to your enterprise administrator(s) and business associates.
d) ABBEY has your consent to send you, the other persons whose consent you have and your business associates information relevant to ABBEY Services via email or any other electronic or print method.
e) ABBEY has your consent to make your insurance requests available to its partner insurance companies (“Partner Carriers”), for the purpose of presenting a no obligation offer to you.
Sharing of Information Received
a) PARTNER BUSINESSES WE DO NOT CONTROL: We work closely with companies you have established a business relationship. In some cases, these businesses may invite you and in other cases, you may invite them within ABBEY’s system to be part of your working group. Or other organisation users may request the verification of the authenticity of documents signed and sealed by you. We may also share the information related to the insurance transactions with any party that you have submitted a request to receive an offer for insurance coverage or wishes to verify of the authenticity of documents signed or sealed by you.
b) THIRD-PARTY SERVICE PROVIDERS: We employ other companies and individuals to perform functions on our behalf. Examples include data centers, email, postal mail and e-mail service providers, removing repetitive information in our servers, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card and other electronic payments, credit report bureaus, electronic signature service providers and other providing customer service. They may have access to your personal information needed to perform their functions, but may not use it for other purposes.
c) ABBEY PARTNER CARRIER OFFERS: Sometimes we may send insurance related offers to selected Users groups of ABBEY on behalf of our Partner Carriers. These Partner Carriers offers are intended to provide the Users with alternative options for to choose from. You are under no obligation to accept these offers.
d) PROMOTIONAL OFFERS: Sometimes we send offers to selected groups of ABBEY customers on behalf of our businesses. If you do not want to receive such offers, please contact us to remove you from any marketing communication.
e) BUSINESS TRANSFERS: As we continue to develop our business, we might sell or buy subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Statement (unless, of course, the customer consents otherwise). Also, in the unlikely event that ABBEY, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
g) WITH YOUR CONSENT: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
Any questions or concerns about this Privacy Statement or about ABBEY’s policies or practices in dealing with personal information should be directed to ABBEY’s Privacy Officer: Ignacio Guena , ABBEY USA INC. by e-mail to: info@Abbey-USA.com.
ABBEY is committed to security. We use secured datacenters with redundant power and internet connectivity. ABBEY employs commercially reasonable precautions to maintain the security of the system, including the use of industry standard encryption methods to prevent unauthorized access to customer documents and account information stored on our servers. The Service also protects information with the HTTPS security protocol during transmission to your web browser.
Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features such as, personalized user interface and seamless navigation throughout ABBEY Web sites, and session tracking.
USER REPRESENTATIONS AND OBLIGATIONS
ABBEY and the Websites retain the right to amend the terms of this TOS without prior consent of or notice to the User. You can review the most current version of the TOS at any time by clicking the ‘Terms of Service’ link located the bottom of the Website pages. Additionally, when using particular ABBEY owned or operated services, you are subject to any posted guidelines or rules applicable to such services, which may be posted from time to time.
You are responsible for reviewing the current version of the Customer TOS periodically. ABBEY may amend this TOS by (a) posting a revised Customer TOS on ABBEY Websites, or (b) sending information regarding the amendment at login or to the email address you provide to ABBEY. Continued use of the Service will be deemed acceptance of the amended TOS.
You agree to comply with the terms and conditions of this TOS and with all applicable local, state, federal and international laws and regulations and all Internet regulations, policies and procedures, including all export and other laws regarding the transmission of technical data exported from any country through the Service. You agree that you will not use the Service for illegal purposes, to disrupt to the Service, or to distribute content that violates the privacy, intellectual property or other proprietary rights of any third party, or for purposes that ABBEY reasonably determines to be unlawful, obscene, defamatory, harassing, fraudulent, abusive, threatening, harmful, vulgar, or otherwise objectionable. You are wholly responsible for the contents of your transactions through the Service.
No Resale of Services Permitted:
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of ABBEY Service (including your ABBEY ID), use of the Service, or access to the Service without the written consent of ABBEY.
ABBEY service is available only to persons who can form a legal binding contract. Website is not available for use by minors (under 18) without parental consent. By entering the Website and entering this TOS agreement, you represent and warrant that you are at least 18 years of age (or, as applicable, the age of majority in the state in which you reside), and that you possess the legal right and ability to enter into this TOS and you certify that you are of legal age and not restricted to using the Website by any United States or International law, or otherwise by any other law, TOS, or regulation.
ABBEY may require you to register for a password-protected account. You represent and warrant that all of the information you provide to ABBEY is true, accurate and complete, and that you have legal right to use the e-mail address(es) you provide. You agree to keep your information current by updating your account information. You agree to maintain the confidentiality of your password and account. You are responsible for all activities that occur under your account. ABBEY reserves the right to deactivate or close your account if your account remains inactive for more than twelve months.
ABBEY service may require you to answer a Security Questions or register a Personal Identification Number/Password (PIN) for security and personal identification purposes. Electronically signed documents shall associate the answer to the Security Questions or your PIN with your signature, your initials and/or your authority to apply a seal. You agree to maintain the confidentiality and secrecy of your PIN and you are responsible for protecting your PIN from being used by anyone else but you. Throughout the Websites, ABBEY service may request from you to provide the answer to the Security Questions or your PIN as a confirmation of your identity and your intent to sign or seal documents. In the event that someone other than you presents the answers to the Security Questions or your PIN to the request, ABBEY shall consider the action as a request from you or you attorney-in-fact and shall complete the request. You agree that all request authorized by answering the Security Questions or PIN entries in ABBEY websites by your attorney-in-fact or you, shall be valid and enforceable, and shall be legally binding on you or your company in a same manner as a wet-ink signature and/or a seal application.
In the event that you choose to purchase one insurance certificate and/or policy, you agree to pay for it before the 5th day of the immediate next month, unless you have arranged and agreed to a separate post-pay arrangement with ABBEY or one of its partner organizations.
If your account is paid-in-full, you may cancel your account and terminate this TOS at any time. ABBEY recommends printing or copying any important documents because you will lose access to documents, messages or other content contained in your account after cancellation. ABBEY reserves the right to terminate any account that violates the terms of this TOS.
You agree that the official time for all transactions using the Service will be the timestamps recorded by ABBEY Service’s servers. You also agree that all electronic communications or notices sent to the e-mail address you provide to ABBEY, placed in your account, or posted on the Web Site will be considered “in writing” and received within five (5) business days of its dissemination. ABBEY disclaims all responsibility for all failures in communication caused by failures of third parties to properly process or deliver ABBEY’s electronic communications.
ABBEY'S RIGHTS AND DISCLAIMERS
Relationship to Documents
Unless ABBEY is named as a direct party, ABBEY’s relationship to all documents and transactions completed using the Service is that of a trusted, disinterested third party. Accordingly, ABBEY disclaims any representations of any kind regarding the documents or transactions that pass through the Service. You are responsible for recognizing the parties of interest in all transactions you complete using the Service and assessing all associated risks.
The Service will occasionally be unavailable during system maintenance and upgrades. ABBEY will make commercially reasonable efforts to ensure that the Service will be available during this period. However, ABBEY disclaims all responsibility for any interruptions or problems with the Service caused by external forces affecting the reliability of the Internet or computer systems.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ABBEY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH SAPA HAS BEEN ADVISED OF THE POSSIBILITY THEREOF), AND INCLUDING DAMAGES RESULTING FROM: (i) ANY DOCUMENT OR TRANSACTION SENT THROUGH THE SERVICE WHERE ABBEY WAS NOT A DIRECT PARTY; (ii) THE USE OR INABILITY TO USE THE SERVICE, INCLUDING ERRORS, INTERRUPTIONS OR DELAYS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DOCUMENTS OR TRANSMISSIONS; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. ABBEY’s LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, A SUM EQUAL TO THE AMOUNT OF FEES (IF ANY) PAID TO ABBEY FOR USING THE SERVICE TO COMPLETE THE INDIVIDUAL TRANSACTION UNDER THIS TOS. YOU UNDERSTAND AND AGREE TO THAT YOU WILL AT ALL TIMES INDEMNIFY, AND KEEP INDEMNIFIED, ABBEY, AND HOLD AND SAFE ABBEY HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, COSTS, DAMAGES, CHARGES AND EXPENSES OF WHATSOEVER KIND AND NATURE, INCLUDING EXPENSES, COLELCTIONS FEES AND ATTORNEYS’ FEE, WHICH IT MAY, AT ANY TIME, SUSTAIN OR INCUR BY REASON OF USING ABBEY SERVICES OR UNDERTAKING OR ENFORCEING THIS AGREEMENT.
Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ABBEY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ABBEY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. ABBEY DOES NOT WARRANT AND EXPRESSLY DISCLAIMS THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, RELIABLE, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, (iii) ANY ERRORS ON THE ABBEY WEB SITE OR SERVICE WILL BE CORRECTED; AND (iv) THAT DOCUMENTS OR MATERIALS THAT YOU STORE VIA THE SERVICE WILL REMAIN ACCESSIBLE.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ABBEY, OR THROUGH OR FROM THE ABBEY WEB SITE OR SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Intellectual Property Rights
You acknowledge and agree that ABBEY owns all right, title and interest in the Service and the web site, including, without limitation, all intellectual property rights. You acknowledge and agree that the Service and the website contain proprietary and confidential information and trade secrets including, but not limited to text, graphics, logos, images, software, and icons, that are protected by United States and international intellectual property laws and other applicable laws.
ABBEY retains all right, title and interest to the word "Vernon” and any word, phrase or logo incorporating the foregoing (collectively, the "ABBEY™ Marks"). You agree not to display or use ABBEY Marks in any manner without ABBEY’s prior written permission.
ABBEY Insurance Services Terms
By using the services provided by ABBEY and its websites, you expressly understand and agree to the following:
a) You shall provide correct and accurate answers to all questions asked by the ABBEY system on behalf of the member insurance companies or its agents. You expressly understand and agree that intentional misinformation is considered insurance fraud.
b) You understand false statements may result in forfeiture of benefits and possible prosecution by the US Attorney-General - Any person who knowingly and with the intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing false, or misleading information is guilty of a felony of the third degree.
c) Obtaining insurance quotes is 100% free and there is no cost should you decline the offer,
d) The quote you may receive is a conditional offer and is subject to change based on a multitude of considerations.
e) The quote may include a broker fee. Any possible broker fees are part of the quote you may receive.
f) You may or may not receive a quote immediately from an online request, as some quotes require further review by a human.
g) By agreeing to the TOS, you hereby understand and agree that the insurance premium is fully earned upon issuance of the insurance certificate and/or policy and is not refundable.
h) If your insurance is cancelled mid-term, you also understand and agree that any and all fees and premiums are also fully earned, and are not refundable. In addition, fees may earn interest. This undeclared income is non-refundable and fully earned as well as any fees charged.
i) Completion of an online surety bond request form constitutes permission for the agency and their bonding companies to obtain consumer information from any source which will be used to determine bonding eligibility. This includes obtaining credit reports at the time of application, in any review, or renewal, at the time of any potential or actual claim, or for any other legitimate purposes as determined by the bonding company in its reasonable discretion. This information will be held in the strictest of confidence. Soft credit reports that do not count as inquires on your report will be used whenever possible.
j) This agreement shall serve as the writing required pursuant to the rules set forth by your Department of Insurance.
k) You expressly understand and consent that the information submitted using ABBEY’s system may be shared with 3rd parties in order to assess risk and or approve your insurance requests.
Electronic Signature Service: Policies
ABBEY uses an electronic signature service. If you use the Service and whenever applicable, you are agreeing to conduct business transactions with electronic documents and signatures instead of paper-based documents and signatures. You are under no obligation to transact business electronically. To withdraw your consent to conduct electronic transactions, simply stop using the Electronic Signature Service portion of the transaction and contact the sending party to explore other options. You may read and sign each document on a case-by-case basis. Each decision to view or sign a document electronically does not affect the legal effect of any transactions already completed using either electronic or paper-based documents or signatures. You hereby agree to read every document before electronically signing it. You also agree to communicate all issues regarding the content of a document directly with the sending party. Finally, you agree to notify the sending parties and the Service of any change in your e-mail address in order to prevent interruptions to your communications. You acknowledge and understand that electronic signatures are legally binding in the United States and other countries. You also understand that printed copies of electronic documents might not be considered legal originals, but rather copies of the digitally signed documents or held within the ABBEY Service.
Electronic Signature Service: Requirements
Use of the Service requires a standards-compliant web-browser which supports the HTTPS protocol, HTML, Java Runtime Environment and cookies. Electronic signatures are void where prohibited by law.
Legal Document Service: Legal Information Disclaimer
The Service offers documents and other information that may be relevant to the legal needs of our users. However, the legal information available on or through the Service does not constitute legal advice as it does not draw legal conclusions or apply the law to the specific circumstances of each user. If you require legal advice, please consult a law services professional in your area. Your use of the Service cannot replace the advice of a lawyer or create a lawyer-client relationship between you and ABBEY. Although ABBEY makes reasonable efforts to ensure the accuracy of the legal information it provides, the law is constantly changing, and ABBEY cannot guarantee the correctness or completeness of the legal information.
Terms of Service Entire Agreement
You agree to hold harmless and indemnify ABBEY and its subsidiaries, affiliates, officers, agents, directors, managers, employees, and successors from any claims, losses, damages, suits, demands, liabilities, judgments, litigation costs and attorneys’ fees arising from or in any way related to your use of the Service, your breach of any of your obligations under this TOS, or your violation of any applicable laws or regulations.
Severability and Waiver
If a court of competent jurisdiction declares any term or provision in this TOS Agreement invalid or unenforceable, you and ABBEY nevertheless agree that the court should construe that term or provision consistent with applicable law as nearly as possible to reflect the parties’ original intentions, and that the remaining terms and provisions remain in full force and effect. Failure by ABBEY to exercise or enforce any provision of this TOS Agreement shall not constitute a waiver of any such provision.
Choice of Law
This TOS shall be governed by the laws of the Commonwealth of Pennsylvania, USA without regard to its conflict of law provisions. You and ABBEY agree to submit to the personal and exclusive jurisdiction of the courts located within Bucks County, Pennsylvania, USA.
“All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.”