Last Updated: 23rd May 2022

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE AKINOVA PLATFORM

INTRODUCTION

Welcome to The AkinovA Platform and Website.  AkinovA provides you with news, data, analytics and the ability to connect and chat with your peers and subject matter experts.  Where you have registered as a user you may also access additional services and content.

Some of this information may be marked as confidential in which case you will not disclose it to any third party or use it for any purpose other than the express purpose for which it is provided to you.  Where applicable you will also be required to and shall comply with any confidentiality or other terms required by a third party such as a broker, capacity provider or proposing cover buyer.

This website, platform and associated services are provided for use by companies and Individuals to use in connection with their professional or business activities.

For access to AkinovA Marketplace, our trading marketplace, your company will need to sign up separately.

These Terms set out the terms that apply when you upload content to The AkinovA Platform, make contact with other users of The AkinovA Platform, link to The AkinovA Platform or Website, or use or interact with The AkinovA Platform or Website in any other way.

WHO WE ARE AND HOW TO CONTACT US

The AkinovA Platform and Website are operated by AkinovA Limited (”we” or “us”). We are registered in England and Wales under company number 10602784 and have our registered office at 15 Bishopsgate, London, EC2N 3AR

To contact us, please email support@akinova.com or contact us through the chat forum on The AkinovA Platform.

BY USING THE AKINOVA PLATFORM YOU ACCEPT THESE TERMS

By browsing, accessing or otherwise using The AkinovA Platform or Website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use The AkinovA Platform or Website.

By registering you are entering into a legally binding contract with us on these Terms (even if you are using The AkinovA Platform or Website on behalf of a company).  If you do not agree do not complete the confirmation tick box and do not access or otherwise use any of our services.  If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing The AkinovA Platform or Website.

We reserve the right to use verification services to check that you are who you say you are. These services may be provided by a third party on our behalf.

 OTHER TERMS THAT APPLY TO YOU

Our Privacy Notices for the Website, https://akinova.com/privacy-notice/, and for the Platform, https://akinova.com/platform-and-client-privacy-notice/, (which may be updated by us) sets out the terms on which we process any personal data we collect from you, including our use of cookies, or that you provide to us.  By using The AkinovA Platform or Website, you consent to such processing and you warrant that all data provided by you is accurate.

 WE MAY MAKE CHANGES TO THESE TERMS

We amend these Terms from time to time without notice to you.  Updated terms will be posted at the same location and will be effective upon posting   Every time you wish to use The AkinovA Platform or Website, please check the current version of these Terms to ensure you understand the terms that apply at the relevant time.  Your continued use of The AkinovA Platform or Website means you accept any amended Terms whether or not we have notified you of the changes.

PROHIBITED USES

You may use The AkinovA Platform and Website only for lawful purposes.  You may not use The AkinovA Platform or Website:

  • in any way that breaches any applicable local, national or international law or regulation.
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • to carry on any regulated activity unless you are appropriately authorised, licensed or exempt,
  • to attempt to interfere with or distort activity on the AkinovA Marketplace.
  • to bully, insult, intimidate or humiliate any person.
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • knowingly to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to access without our authorisation, interfere with, damage or disrupt:

  • any part of The AkinovA Platform or Website;
  • any equipment or network on which The AkinovA Platform or Website is stored;
  • any software used in the provision of The AkinovA Platform or Website; or
  • any equipment or network or software owned or used by any third party

or attempt to access, or to carry out any of the above activities in relation to, any other parts of the AkinovA Platform or Website.

INTERACTIVE SERVICES

We may from time to time provide interactive services on The AkinovA Platform including, without limitation:

  • Trading and Investment Opportunities
  • Chat and Discussion Forums
  • Industry News and Forums
  • Ask the Expert

Where we provide any Interactive Services we reserve the right to monitor them and the use of them by members.  However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on The AkinovA Platform, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by any member in contravention of our content standards or otherwise, whether the service is monitored or not.

ACCESSING THE AKINOVA PLATFORM

Our Platform and Website are generally made available free of charge but fees may apply to certain activities in which case we will notify you in advance.

Access to The AkinovA Platform and Website is permitted on an “as is” and “as available” basis only.  We reserve the right to suspend, withdraw, discontinue or change all or any part of The AkinovA Platform or Website without notice.  We will not be liable to you if for any reason The AkinovA Platform or any part of it is unavailable at any time or for any period.

We may update The AkinovA Platform or Website from time to time and may change the content at any time.  All content on or made accessible via The AkinovA Platform and Website regardless of who provides it is provided for general information only.  It is not intended to amount to advice on which you should rely.  You are responsible for verifying any such information and must obtain professional or specialist advice before taking, or refraining from, any action on the basis of such content.

We and any third party (including but not restricted to other users and providers of content and services) accept no responsibility or liability for any materials, content, opinions or other information provided on or via The AkinovA Platform or Website by us or any such third party.  We make no representations, warranties or guarantees, whether express or implied, that the content on The AkinovA Platform and Website is accurate, complete or up-to-date.

If we permit you to post or provide any information on or via The AkinovA Platform, we do not accept any responsibility for any damage or loss you may suffer as a result of your use of information and content posted or provided to us by third parties.

You agree that you will not:

  • create a false identity on The AkinovA Platform, misrepresent your identity, create a member profile for anyone other than yourself, or use or attempt to use another’s account;
  • develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape The AkinovA Platform or Website or otherwise copy data from The AkinovA Platform or Website, except as permitted under these Terms;
  • monitor The AkinovA Platform or Website availability, performance or functionality for any competitive purpose;
  • engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of any part of The AkinovA Platform or Website;
  • interfere with the operation of, or place an unreasonable load on, The AkinovA Platform or Website (e.g., spam, denial of service attack, viruses, gaming algorithms);
  • attempt to decompile, reverse engineer, disassemble or otherwise to derive source code from The AkinovA Platform or Website;
  • tamper with, hinder the operation of, make unauthorised modifications to The AkinovA Platform or Website including attempting to interfere with the access of any user, host or network;
  • use The AkinovA Platform or Website for any activities which breach any laws or regulations or infringe any third party rights;
  • remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices of ours or any third party;
  • transmit any bug, virus or other disabling feature to or through The AkinovA Platform or Website
  • modify or excerpt any content of The AkinovA Platform or Website or remove any proprietary notices or disclaimers from any part or content of them.

Where you are provided with a user ID, password or any other piece of information as part of our security procedures you must treat such information as confidential and you must not disclose it to any third party.  The right to use The AkinovA Platform is personal to you, and you may not allow other people to use your log-in details. These Terms will apply to all use of the AkinovA Platform using your user ID and password.

You agree that you will comply with all applicable laws, including privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.

You are responsible for all activity and for the accuracy of all information and requests sent using your username, password or any other personal identification implemented to identify you.  You will use your real name when signing up to The AkinovA Platform and on your profile.

You must notify us immediately of any unauthorised use of your account, or other account related security breach of which you are aware.

If you inform us, or if we have reason to believe, that unauthorised use is being made of The AkinovA Platform (whether by you or through your account) then, without prejudice to our other rights and remedies, we may suspend or terminate your access to The AkinovA Platform immediately (and without notice to you).

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Contribution Standards.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.  This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary.  You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.  The rights you license to us and to users of our Website and Platform are described in Intellectual Property Rights.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Contribution Standards.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

CONTRIBUTION STANDARDS

These contribution standards apply to any and all material which you contribute, add, upload to or transmit via The AkinovA Platform including any material or content in a chat or to which you have included a link in any such material (Contribution), and to any Interactive Services associated with it.

The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in our absolute discretion, whether a Contribution breaches the content standards.

A Contribution must:

  • be accurate (where it states facts).
  • be genuinely held (where it states opinions).
  • comply with all applicable laws.

A Contribution must not:

  • be defamatory of any person.
  • be obscene, offensive, hateful or inflammatory.
  • bully, insult, intimidate or humiliate.
  • contain sexually explicit material.
  • promote violence.
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • infringe any copyright, database right or trade mark or any other legal rights of any other person.
  • be likely to deceive any person.
  • breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • promote any illegal activity.
  • be in contempt of court.
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • be likely to harass, upset, embarrass, alarm or annoy any other person.
  • impersonate any person, or misrepresent your identity or affiliation with any person.
  • give the impression that the Contribution emanates from us if this is not the case.
  • advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • bring us or any of our affiliates and our or their, employees contractors, service providers, regulators or shareholders into disrepute

If you provide a Contribution on behalf of your organisation or any other third party, you warrant that you are authorised to do so.

 How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us on https://akinova.com/contact/.

NO TEXT OR DATA MINING, OR WEB SCRAPING

  1. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):
  2. Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
  3. Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
  4. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
  5. This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in The AkinovA Platform and Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. All rights title to and interest in The AkinovA Platform and Website, and in the material published on it will remain ours or, as the case may be, those of our licensors.

We grant you a non-exclusive, worldwide, non-sublicensable, revocable, non-transferable, limited right and license licence (the “Licence”) to access, view, download and use The AkinovA Platform and Website and the material published on it for your own internal business purposes. You warrant and represent that you will only access and/or use The AkinovA Platform and Website and the resources available on it to which you have been granted authorised access.  You further warrant and represent that you will use all such materials solely for legitimate business purposes.  These Terms will apply to all use of the Website

When you upload or post content to The AkinovA Platform, you grant us the following rights to use that content:

  • a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service forever;
  • to grant to other users, partners or advertisers on the AkinovA Platform a worldwide, non-exclusive, royalty-free, transferable licence to use the content for their internal business purposes on equivalent terms to those of
  • the Licence set out in the preceding paragraph. .

These rights are limited in the following ways:

  1. You can end this licence for specific content by deleting such content from The AkinovA Platform, or generally by closing your account, except (a) to the extent you shared it with others as part of the Interactive Services and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
  2. While we may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
  3. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.

If you are using the content and information of other members then you will comply with the licence terms set out above as if such terms applied to that content and information.

You and we agree that if content includes personal data, it is subject to our Privacy Policy.

You and we agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

LIABILITY

We provide The AkinovA Platform and Website on an “as is” and “as available” basis and to the fullest extent permissible by law we do not guarantee that The AkinovA Platform or Website will meet particular requirements, or be available, accessible, uninterrupted, timely, secure or operate without error, or that it will be free from viruses, worms, Trojans or other harmful elements.  We recommend that you protect your equipment by having appropriate anti-virus software in place.

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms.  This information and these materials have not been verified or approved by us.  The views expressed by other users on our site do not represent our views or values.  We generally do not review content provided by members or others.  You agree that we are not responsible for others’ (including other members’) content or information.  We cannot always prevent this misuse of The AkinovA Platform, and you agree that we are not responsible for any such misuse.

You are responsible for deciding if you want to access or use third-party apps or sites that link from The AkinovA Platform or Website or any material on it or accessed using it.  If you allow a third-party app or site to authenticate you or connect with your The AkinovA Platform account, that app or site can access information on The AkinovA Platform related to you. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not.

Where The AkinovA Platform or Website 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 so we assume no responsibility for the content of such sites.  Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to The AkinovA Platform or Website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable or we have been notified of the possibility of any such loss or damage, arising under or in connection with use of, or inability to use, The AkinovA Platform or Website; or use of or reliance on any content displayed on or made accessible via The AkinovA Platform or Website.  In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

In no event shall our liability and that of our affiliates exceed, in aggregate, an amount that is the greater of (a) the most recent yearly fee that you paid for a paid for service, if any, or (b) $50.

Nothing in these Terms is intended to exclude or limit any liability that cannot be excluded or limited by law.  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.

LINKING TO THE AKINOVA PLATFORM OR WEBSITE

We reserve the right in our absolute discretion to prohibit or remove any link from another site to materials or information on The AkinovA Platform or Website without notice.  Any link to material or information on The AkinovA Platform or Website must be neither misleading nor deceptive and must fairly indicate The AkinovA Platform or Website as the destination of the link.  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.

BREACH OF THESE TERMS

Failure to comply with these Terms may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use The AkinovA Platform.
  • immediate, temporary or permanent removal of any Contribution uploaded by you to, or transmitted by you via, The AkinovA Platform.
  • issue of a warning to you.
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • further legal action against you.
  • disclosure of such information to law enforcement or regulatory authorities as we reasonably feel is necessary or as required by law.

To the fullest extent permitted by law, we exclude our liability for all action we may take in response to breaches of these Terms.  The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Our trademarks are registered

”AkinovA” and , A1Policy, “underwrite the client, not the class” and “Corporate Asset Protection are registered trademarks of AkinovA Limited.  You are not permitted to use them without our prior written approval.

GENERAL

If a court with authority over these Terms finds any part of them unenforceable, you and we agree that the court should modify the Terms to make that part enforceable while still achieving its intent.  If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of these Terms.

If we don’t act to enforce a breach of these Terms, that does not mean that we have waived our right to enforce these Terms.  You may not assign or transfer your contract with us (or your membership) to anyone without our consent.  However, you agree that we may without your consent assign our contract with you to our affiliates or a party that buys us.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

These Terms (and any dispute arising out of or in connection with them) shall be governed and construed in accordance with English law and you agree to submit to the non-exclusive jurisdiction of the courts of England in relation to any dispute in relation to them.

HOW WE WILL CONTACT YOU

We may contact you through The AkinovA Platform, apps or through the contact information you provide to us.  You will keep us updated of any changes to your contact information.