TERMS OF USE – Cyber Risk Self-Assessment Website and Report

  1. The website is operated by Marsh LLC (“Marsh” or “we”). This page tells you the terms of use (“ToU”) on which you (the “Client” or “you”) may access and make use of the MarshCyber Risk Self-Assessmentwebsite (“the Site”) which can involve the provision of limited services in the form of a Cyber Risk Profile (the “Profile”) and/or general advice about potentially insurable risks (the “Services”). These ToU also include our privacy statement and any other terms or conditions displayed or available on the website. If you do not agree to the ToU, you must not access the Site or Services or obtain the Profile.
  2. Additional service may be available from Marsh but these are subject to the negotiation of a separate terms and conditions of engagement (including with respect to remuneration).
  3. Marsh is not an insurer. Any insurance product arranged for you by Marsh has its own terms and conditions which are found in the policy wording or Product Disclosure Statement (PDS). These ToU do not affect the terms and conditions of any insurance product, which are between you and the insurer.
  4. Please read the ToU carefully before you start to use the Site. We may change the ToU at our discretion and without notice. By using the Site, including accessing the Services or obtaining a Profile, you indicate that you accept the ToU and that you agree to abide by them as they apply from time to time. A copy of our current ToU is displayed on the Site at all times. You are expected to check this page from time to time to take notice of any changes made by Marsh, as they are binding on you.
  5. For the purposes of these ToU, the “Server” means the computing equipment and software operated by Marsh and/or it’s suppliers, subcontractors or agents used to provide access to the Site, offer the Profile or Services.

Client Obligations & Acknowledgements

  1. To be able to provide the Profile, Marsh needs the Client’s co-operation. Marsh will rely on the Client to:
    1. give Marsh all information and instructions needed by Marsh when requested; and
    2. ensure the accuracy of all information given to Marsh and needed by Marsh to provide the Profile.
  2. The Client acknowledges that:

a)              all surveys, objectives, forecasts, projections, analysis, advice or recommendations made by Marsh(collectively, the “Marsh Analysis”) on the Site are made in good faith on the basis of information available to Marsh at the time; and

b)              achieving the objectives, forecasts, projections or recommendations will depend, among other things, on the actions of the Client, over which Marsh has no control.

  1. Any modelling, analytics, or projections are subject to inherent uncertainty, and the Marsh Analysis could be materially affected if any underlying assumptions, conditions, information, or factors are inaccurate or incomplete or should change. The information contained on the Site is based on sources we believe reliable, but we make no representation or warranty as to its accuracy.
  2. The Client acknowledges that it is not intended that any binding contract of insurance is entered into over the Site and Marsh makes no assurances regarding the availability, cost, or terms of insurance coverage. Marsh makes no representation or warranty concerning the application of policy wordings or the financial condition or solvency of insurers or reinsurers.
  3. Although Marsh may provide the Marsh Analysis on the Site, with the exception of the Profile, this is prepared without consideration of your personal objectives, financial situation or needs. Before acting on any advice, you should consider if it is appropriate to your objectives, financial situation or needs. You can obtain a PDS or policy wording for products referred to on the Site by contacting Marsh. Please consider the PDS or policy wording before you decide whether to acquire or continue holding an insurance policy. All decisions regarding the amount, type or terms of insurance coverage are the sole responsibility of the Client as an insurance purchaser, who must decide on the specific coverage that is appropriate to its particular circumstances and financial position.
  4. Any statements concerning actuarial, tax, accounting, or legal matters are based solely on our experience as insurance brokers and risk consultants and are not to be relied upon as actuarial, accounting, tax, or legal advice, for which you should consult your own professional advisors.

Intellectual Property Rights

  1. Marsh owns the Site and its design and content and retains all rights, including but not limited to all intellectual property rights, in the Site, the design and the content (including but not limited to any report produced).
  2. The names of Marsh and its services referred to on the Site are trademarks of Marsh. All products and other company names referred to on the Site may be trademarks of their respective owners. Without limiting the foregoing, you may not reproduce, duplicate, copy or on-sell information obtained on the Site or any portion of the Site. You must not tamper with, alter, distribute or use any material or design contained within the Site or decompile or reverse engineer any part of the Site.
  3. You must not create or maintain any link from another website to this Site without our prior written consent. The Site may contain links to other websites. Such other websites may be controlled or produced by third parties. Except as indicated, we do not control, endorse, sponsor or approve any such websites or any content on them, nor do we provide any warranty or take any responsibility for any aspect of those websites or their content. The links are provided for convenience only and may not remain current or be maintained.
  4. Marsh’s status (and that of any identified contributors) as the author of material on the Site must always be acknowledged.

Liability

  1. Marsh and/or Marsh’s Associated Entities (as defined in the Singapore Companies Act (Chapter 50)) and their representatives (including but not limited to Marsh’s/ their employees, agents, consultants and authorised representatives (collectively the “Relevant Persons”) shall have no obligation to update the Marsh Analysis and shall have no liability to you or any other party with regard to the Marsh Analysis on or through the Site or to any services provided by a third party to you or Marsh.
  2. Marsh and the Relevant Persons shall not be liable for any direct, indirect, special, consequential, punitive damages, loss of profits, loss of revenue, loss of commercial opportunity, loss of business, loss of anticipated savings, loss or damage to data, loss of production, loss of use, damage to good will and reputation or third party claims arising out or relating the Site or to any services provided by a third party to you or Marsh.
  3. Clauses 16 and 17 apply to the fullest extent permitted by applicable law for all events giving rise to any liability on Marsh and/or the Relevant Persons’ part, whether arising in contract, tort (including negligence) or on any other basis, but does not apply to any liability arising as a result of fraud or wilful default by Marsh and/or the Relevant Persons.
  4. Where Marsh or the Relevant Persons’ liability cannot be excluded under law, the aggregate liability of Marsh and the Relevant Persons combined arising out of relating to the Site or to any services provided by a third party to you or Marsh is limited to US$1000.
  5. The Profile is prepared solely for the Client’s general benefit and is not intended to be relied on by a third party. The Client indemnifies Marsh, its officers, employees and agents against all demands, claims, proceedings and claims for costs made against Marsh by a third party connected with the Profile.

Site

  1. You acknowledge and agree that no system or technique can guarantee the security of the Site because the Site is on the internet, which is a public network.
  2. You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to alterations of your transmissions or data or of information contained on your computer system or on this Site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
  3. You will be responsible for providing all equipment and services necessary to access the Site and you will maintain up to date virus protection. Marsh will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material (including but not limited to software) posted on it. You must take your own precautions to ensure that the process which you employ for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interface which may damage your own computer systems.
  4. You must not misuse the 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 the Site, the Server on which the Site is stored or any other server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, your right to use the Site will cease immediately.
  5. Marsh does not control, nor can it control, the flow of data to or from internet service providers, telecommunication providers and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions caused by such third parties may produce situations in which a party’s connections to the internet (or portions thereof) may be impaired or disrupted and Marsh cannot guarantee that such events will not occur. Accordingly, Marsh disclaims any all liability resulting from or relating to such events and Marsh shall not be liable to you or any third party for claims or damages that may be suffered by you or any such third party resulting from the loss of data, inability to access the internet, or inability to transmit or receive information, caused by or resulting from delays, non-delivery or service interruptions..
  6. The Server shall, in the absence of manifest error, be conclusive evidence of whether any material or has been provided to Marsh and the time at which this occurred as recorded by a Server clock.
  7. The Client acknowledges and agrees that no system or technique can guarantee the security of the Site because the Site is on the internet, which is a public network.
  8. You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to alterations of your transmissions or data or of information contained on your computer system or on this Site. Marsh does not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
  9. You will be responsible for providing all equipment and services necessary to access the Site and you will maintain up to date virus protection. Marsh will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material (including but not limited to software) posted on it. You must take your own precautions to ensure that the process which you employ for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interface which may damage your own computer systems.
  10. You must not misuse the 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 the Site, the Server on which the Site is stored or any other server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, your right to use the Site will cease immediately.
  11. Marsh does not control, nor can it control, the flow of data to or from internet service providers, telecommunication providers and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions caused by such third parties may produce situations in which a party’s connections to the internet (or portions thereof) may be impaired or disrupted and Marsh cannot guarantee that such events will not occur. Accordingly, subject to clause 28 Marsh disclaims any all liability resulting from or relating to such events and Marsh shall not be liable to you or any third party for claims or damages that may be suffered by you or any such third party resulting from the loss of data, inability to access the internet, or inability to transmit or receive information, caused by or resulting from delays, non-delivery or service interruptions..
  12. The Server shall, in the absence of manifest error, be conclusive evidence of whether any material or has been provided to Marsh and the time at which this occurred as recorded by a Server clock.
  13. It is your responsibility to ensure that any spam filer, email gateway or similar device will not prevent receipt of notification emails from Marsh and the Site. Marsh does not guarantee than any emails sent to or from the Site will be sent to you or received by Marsh nor does Marsh warrant the privacy and/or security of emails during internet transmission which is outside Marsh’s reasonable control. Marsh accepts no liability for any loss or damage arising from failure of any internet transmission from the Site or otherwise.
  14. Marsh may at any time terminate the ToU and deny you access to the Site and use of the online services with or without cause and without prior notice.
  15. Marsh may at any time change the format and content of the Site (or of any service offered or insurance products available to be arranged via the Site).
  16. Marsh may suspend the operation of the Site (or suspend the provision of any services or insurance products arranged via the Site) for support or maintenance work in order to update the content, or for any other reason.

 

General

 

  1. A party must not assign these ToU without the consent of the other party, except that Marsh may assign them to their related body corporate (as defined in the Singapore Companies Act (Chapter 50)) without obtaining consent.
  2. In these ToU, the singular includes the plural and vice versa.
  3. Marsh may subcontract any aspect of the Site.
  4. These TOU cannot be amended except by written agreement of the parties and represent the sole agreement between the parties about the Site.
  5. The ToU shall be governed by the laws of New South Wales. You agree and submit to the exclusive jurisdiction of the courts of that jurisdiction and courts of appeal there from.
  6. If you are a customer or prospective customer of Marsh then your personal information supplied to Marsh on the Site will be handled by Marsh in accordance with these ToU and the Marsh Privacy Statement, as amended from time to time to time. A copy of our current Privacy Statement is displayed on the Site and our home website (www.singapore.marsh.com) at all times. By using the Site, you consent to those terms.
  7. To the extent that the terms set forth in the ToU or any word, phrase, clause or sentence is found to be illegal or unenforceable for any reason, such term, word, phrase, clause or sentence shall be modified or deleted in such manner so as to afford the party for whose benefit it was intended the fullest benefit commensurate with making the ToU, as modified, enforceable, and the balance of the ToU shall not be affected thereby, the balance being construed as severable and independent.
  8. If you access the Site from outside Singapore, you are responsible for compliance with foreign and local laws. Marsh makes no representation that the materials and information contained herein is appropriate or available for use in other locations/jurisdictions. Marsh controls and maintains the Site from the United Kingdom. The materials and content on the site are directed at and restricted to individuals resident in or entities having a place of business in Singapore only.

 

This website and any recommendations, analysis, or advice provided by Marsh (collectively, the “Marsh Analysis”) are intended solely for the entity or party identified as the recipient herein (“you”). With the exception of the cyber risk profile, the Marsh Analysis is prepared without consideration of your personal objectives, financial situation or needs. Before acting on any advice, you should consider if it is appropriate to your objectives, financial situation or needs. Please consider the policy wording before you decide whether to acquire or continue holding an insurance policy. Marsh makes no representation or warranty concerning the application of policy wordings or the financial condition or solvency of insurers or reinsurers. Marsh makes no assurances regarding the availability, cost, or terms of insurance coverage. All decisions regarding the amount, type or terms of insurance coverage are the sole responsibility of the Client as an insurance purchaser, who must decide on the specific coverage that is appropriate to its particular circumstances and financial position. The content on this website contains proprietary, confidential information of Marsh and may not be shared with any third party, including other insurance producers or risk advisors, without Marsh’s prior written consent. Any statements concerning actuarial, tax, accounting, or legal matters are based solely on our experience as insurance brokers and risk consultants and are not to be relied upon as actuarial, accounting, tax, or legal advice, for which you should consult your own professional advisors. Any modeling, analytics, or projections are subject to inherent uncertainty, and the Marsh Analysis could be materially affected if any underlying assumptions, conditions, information, or factors are inaccurate or incomplete or should change. The information contained herein is based on sources we believe reliable, but we make no representation or warranty as to its accuracy. Except as may be set forth in an agreement between you and Marsh, Marsh shall have no obligation to update the Marsh Analysis and shall have no liability to you or any other party with regard to the Marsh Analysis or to any services provided by a third party to you or Marsh.

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