Terms of Service

Revised on 01 October 2016
London, UK

Your access to and use of this website are subject the following Terms of Service, which incorporate the separately posted Privacy Statement and other policies, as well as any modifications to such policies, and all applicable laws and regulations (the "Terms"). If any area within or feature offered by this website contains specific terms and conditions concerning its use, those specific terms and conditions are in addition to and made a part of these Terms.

To the extent there is a direct conflict between such separately posted policies or specific terms and conditions and these Terms, those separately posted policies or specific terms and conditions shall govern.

Use of this website signifies your agreement to these Terms, which constitute a legal agreement between you and FLYRE LIMITED ("FLY-RE", "we" or "us"). Please read these Terms carefully before using this website. If you do not accept these Terms in their entirety, do not access or use this website.

In consideration of your use of this website, you represent that you are of legal age to form a binding contract and are not a person barred from agreeing to these Terms or using this website under the laws of the United Kingdom or any other jurisdiction. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms.

CHANGES

We reserve the right to modify these Terms or to impose new terms and conditions with respect to this website from time to time without prior notice. Such modifications and additions shall be effective immediately upon notice thereof, which may be given by any means, including without limitation posting the modified Terms or additional terms and conditions on this website. All users of this website or other FLY-RE service should review these Terms periodically and prior to any use of the website. You agree that you shall be deemed to be apprised of and bound by any modification by FLY-RE to these Terms. ANY ACCESS OR USE OF THIS WEBSITE BY YOU AFTER NOTICE OF MODIFICATIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH MODIFICATIONS OR ADDITIONS. No modification to these Terms by any party other than FLY-RE shall be valid or enforceable against FLY-RE unless expressly agreed to by FLY-RE in a writing signed by a duly authorized officer of FLY-RE.

DISCLAIMER

FLYRE LIMITED IS NOT A PARTY TO ANY REINSURANCE CONTRACT ENTERED INTO BY USERS NOR WILL IT SERVE TO GUARANTEE, IN ANY WAY, PERFORMANCE OF THE CONTRACT TERMS BY A TRADING PARTY. AS A RESULT, ALL RIGHTS AND OBLIGATIONS SET FORTH IN EXCHANGE-TRADED CONTRACTS, AS WELL AS ANY PREMIUMS OR LOSS PAYMENTS, FLOW ONLY BETWEEN THE CONTRACTING PARTIES.

CONTENT POSTED BY FLY-RE MAY CONTAIN ERRORS, OMISSIONS OR TYPOGRAPHICAL ERRORS OR MAY BE OUT OF DATE. FLY-RE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE", OR THAT THIS WEBSITE OR ITS CONTENTS WILL BE AVAILABLE, ACCURATE, COMPLETE OR TIMELY. FLY-RE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, ANY WEBSITE WITH WHICH IT IS LINKED AND ANY PRODUCTS OR SERVICES LISTED ON THIS WEBSITE. FLY-RE DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS WEBSITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THIS WEBSITE OR ITS CONTENTS ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS WEBSITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. YOU (AND NOT FLY-RE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. FLY-RE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. INSURANCE TERMS AND DEFINITIONS DO NOT DIRECTLY REFLECT THE ORIGINAL INDUSTRY MEANINGS. ALL PRODUCTS AND SERVICES LISTED ON THIS WEBSITE ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, FLY-RE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE LISTED ON THIS WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

FLY-RE MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE AND IT’S SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES/ THE WEBSITE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FLY-RE RESERVES THE RIGHT TO MODIFY OR DISCONTINUE THE WEBSITE WITH OR WITHOUT NOTICE TO USER. FLY-RE SHALL NOT BE LIABLE TO ANY USER OR ANY THIRD PARTY, IN TORT OR IN CONTRACT, SHOULD FLY-RE EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE WEBSITE.

ACKNOWLEDGEMENT

By accessing or using the Services and/or the website in any manner, User agrees to be bound by these Terms & Conditions. FLY-RE agrees to be bound by these Terms & Conditions once User had registered, received the registration letter from FLY-RE and activated the account.

User understands and agrees that obtaining any information or Services through the website is done at its own discretion and risk and that it will be solely responsible for any damage resulting from any transaction. User acknowledges that it is responsible for any Content it may submit through the website, including the legality, reliability, appropriateness, originality and copyright of any such Content.

FLY-RE only technically provides online marketplace services and is not involved in any transaction between Insurer (cedent) and Reinsurer who uses the website and assumes no responsibility for actions made based on information or Services. FLY-RE does not control the behavior of Users on the website or the information provided by other Users that is made available through the website. As a result, FLY-RE does not guarantee or endorse the authenticity, quality, safety, or legality of any offered, transferred or accepted reinsurance risk or the ability of User to enter into binding agreements. FLY-RE does not guarantee the ability or intent of Users to fulfil their obligations in any transaction. FLY-RE does not assure that all transactions will be completed.

User understands that some jurisdictions may prohibit or require a license or permit in order to conduct any insurance/reinsurance activity. FLY-RE does not make any representations or warranties as to such insurance/reinsurance activity is subject to any such restrictions. It is solely User’s responsibility to determine and obtain at its own cost any necessary licenses and other required permits for conducting insurance and/or reinsurance activity.

All calls, emails and other communications between User and FLY-RE may be recorded, and User hereby grants irrevocable consent to such records.

COMPLIANCE

Compliance with Law Provision. User represents, warrants and covenants that it will comply with all applicable legal requirements in the course of using the website and/or Services. Without limiting the generality of the foregoing, User further represents, warrants and covenants that it has not and will not, directly or indirectly, promise, offer or give anything of value to any Covered Person for the purpose of influencing any act or decision of such Covered Person, including a decision to do or omit to do any act in violation of the duties of such Covered Person, or inducing such Covered Person to use his or her influence with any other person or entity of any kind whatsoever to improperly affect or influence any act or decision of such person or entity, in order to assist FLY-RE in obtaining or retaining business, directing business to any person or obtaining any improper advantage.

Compliance with anti-terrorism laws, export laws and economic sanctions. While performing its obligations hereunder, User shall remain in full compliance with all anti-terrorism laws and export laws and regulations applicable to User/FLY-RE, including, but not limited, to economic sanctions regulations.

USER CONDUCT AND RESPONSIBILITY

FLY-RE operates as an open communication platform that provides to it’s Users introducing activities consisting of the provision of data and information on potential policyholders to insurance or reinsurance intermediaries or undertakings or of information about insurance or reinsurance products or an insurance or reinsurance intermediary or undertaking to potential policyholders.

We are not involved in any sales transactions regarding products or services offered by Users on this website. As a result, we have no control over such sales transactions, including without limitation the quality, safety or legality of the items transacted; the accuracy of the information or specifications provided; the ability of users to buy items; the ability of users to deliver items promised; or the ability of users to pay for items. These Terms and the information provided by this website in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. We cannot ensure that a User will complete a transaction or that a transaction will be completed in a satisfactory manner. IT IS YOUR SOLE RESPONSIBILITY TO QUALIFY THE USER THAT YOU CHOOSE TO COMMUNICATE WITH.

You agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and make reasonable efforts to promptly update the information to keep it true, accurate, current and complete and (c) keep your communications that originated via our service on the service until communications are terminated. User shall not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any Content, attempt to make communications with other Users in offline to avoid paying FLY-RE fees. If you provide any information that is untrue, inaccurate, not current or incomplete, or which we have reasonable grounds to suspect is untrue, inaccurate, not current or incomplete, or you attempt to take business away from our service, we have the right to suspend or terminate your account (if any) and refuse any and all current or future use of this website or the services provided in connection therewith (or any portion thereof).

Further, any user accounts (including your FLY-RE account) and access or user profile information created or provided in connection with this website may not be transferred or sold to another party. User shall maintain the confidentiality of its user ID and password, and restrict access to its account. User shall accept responsibility for all activities that occur under its account. User shall use the Service and/or website only for lawful purposes. User shall not use the website or the Service in any way that breaches or circumvent any applicable local, national or international law or regulation.

User shall not breach or circumvent any third party rights or FLY-RE systems, policies, or determinations of its account status. User shall comply with all regulations, policies and procedures of networks connected to the website. User shall not use any robot, spider, scraper or other automated device, process or means to access the website or use Services for any purpose. User shall not bypass FLY-RE’s robot exclusion headers, interfere with the working of FLY-RE’s services, or impose an unreasonable or disproportionately large load on FLY-RE’s infrastructure.

FLY-RE may access User’s account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized use of the website. FLY-RE retains the right, at FLY-RE's sole discretion, to determine whether or not a User's conduct is consistent with the letter and spirit of these Terms & Conditions.

SUBMISSION OF CONTENT

You understand that all information (including without limitation information provided when signing up for a FLY-RE account or requesting quotes), data, text, software, music, sound, photographs, images, graphics, videos, messages, logos or other materials (collectively, "Content"), whether publicly posted on (including any forums or other public areas) or privately transmitted through (whether to us or other Users) this website, is the sole responsibility of the person from which such Content originated. This means that you, and not FLY-RE or its affiliates, are entirely responsible for all Content that you upload, post, list, email, transmit or otherwise make available via this website, which acts as a passive conduit for your online distribution and publication of that Content. Under no circumstances will FLY-RE or its affiliates be liable in any way for any Content posted by you or third parties, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, listed, emailed, transmitted or otherwise made available via this website. Neither FLY-RE nor its affiliates control the Content posted by you or third parties and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using this website, you may be exposed to Content that is offensive, indecent or objectionable.

You may not list any Content on this website (or consummate any transaction that was initiated using this website) that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates any patent, trademark, other intellectual property rights, trade secrets or any other rights of another party. Furthermore, you agree that you will not use this website or our services or applications for chain letters, junk mail, "spamming" or commercial solicitations or to send any message or Content that (a) is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive or illegal; (b) contains viruses or other features that might contaminate or destroy this website; or (c) otherwise gives rise to liability or violates any other applicable law.

Except as otherwise expressly provided herein or in the separately posted posted Privacy Statement, any communication or Content you post or list on this website or transmit to FLY-RE by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, essays, questions, comments, suggestions or the like, is and will be treated as nonconfidential and non-proprietary and may be used by FLY-RE and Users (and their respective affiliates, agents or contractors) and other users for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast and posting, and for advertising, publicity or promotional purposes in any media, now known or hereafter conceived or created, without further permission, consent, payment or other consideration, unless prohibited by law.

Furthermore, FLY-RE and Users (and their respective affiliates, agents or contractors) are free to use any ideas, concepts, know-how or techniques contained in any such communication or Content for any purpose whatsoever, including without limitation developing, manufacturing and marketing products or services using information contained in such communication or Content.

FLY-RE CONTENT

Website content available to the public may be used solely for the User's own informational, personal, non-commercial purposes, and shall not be copied or posted on any network computer, broadcast in any media, posted on the World Wide Web, publicly performed, distributed, or otherwise used or exploited in any way for any public or commercial purpose.

FLY-RE may change, delete or update any Content at any time and without prior notice. Content posted by FLY-RE is provided for informational purposes only and is not binding on FLY-RE in any way except to the extent it is specifically indicated to be so. Any use of Content posted on this website by FLY-RE, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by FLY-RE, is strictly prohibited.

FLY-RE reserves the right to supervise all material, Content and information on the website, including, but not limited to, listings and bidding activity, to determine compliance with the Terms and all current and future operating procedures and rules of conduct established by FLYRE. FLY-RE reserves the right, at its sole discretion and without prior notice, to amend, edit, remove or otherwise block any material which may be deemed in violation of applicable laws or violate any aspect of this document or which may otherwise jeopardize or interfere with FLY- RE’s business operations. No advice or information, whether oral or written, obtained by User from FLY-RE or through the Services/the website shall create any warranty not expressly made herein.

MOBILE SERVICES

This website may provide certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to contact Users about their products or services, receive and reply to messages from FLY-RE and access certain other features (collectively, the "Mobile Services"). Your mobile carrier's normal messaging, data, and other rates and fees may apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services and how much they will cost you. By using the Mobile Services, you agree that FLY-RE may communicate with you by SMS, MMS or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to FLY-RE. In the event you change or deactivate your mobile telephone number, you agree to promptly update your mobile subscription account information with us to ensure that the messages FLY-RE intends to send to you are not sent to another entity who acquires such mobile telephone number.

NO ENDORSEMENT OF LINKED THIRD PARTY WEBSITES

Links to other websites do not imply an endorsement or approval of the Content disseminated by publishers at those websites, nor does the existence of a link to another website imply that the organization or person publishing at that website endorses any of the Content at this website. FLY-RE and its affiliates are not responsible for and do not control the availability, Content, policies or practices of any website linked to this website. In addition, you may be bound by the terms of use and privacy provisions of other websites.

COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY

Unless otherwise noted, FLY-RE or its affiliates, Users or other third parties own all Content, and the compilation thereof, on the website, including, without limitation, all copyrights, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the website.

FLYRE LIMITED, FLY REINSURANCE, FLY-RE, FLY-RE Reinsurance Marketplace, FLY-RE Marketplace, and/or any other names of products or services provided by FLYRE LIMITED referenced herein or on this website are either trademarks or registered trademarks of FLYRE LIMITED. The names of other companies, products and services referenced herein may be the trademarks of their respective owners.

All Content available through the website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by FLY-RE, its licensors or its Content providers, and is protected by copyright, trademark and other applicable laws. All such rights are reserved.

FLY-RE neither warrants nor represents that User’s use of the Content available on the website will not infringe rights of third parties not affiliated with FLY-RE. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide FLY-RE with the written information specified below:

i. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
ii. A description of the copyrighted work or other intellectual property that you claim has been infringed;
iii. A description of where the Content that you claim is infringing is located on a FLY-RE website, including the permanent URL, if possible;
iv. Your address, telephone number, facsimile number and email address;
v. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent or the law; and vi. A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

FLY-RE for notice of claims of copyright or other intellectual property infringement can be reached by email at copyright@fly-re.com

LIMITED LICENSE

You may only view and use this website and the Content on this website to obtain information on companies, products, services, industries, news or jobs listed on this website. You may not reproduce, copy, modify, transmit, display, publish, sell, license, transfer create derivative works, perform or distribute or otherwise make available to any information service or other third party, by any means, method or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through this website, including without limitation by transferring, downloading or otherwise copying any such Content onto any disk drive or other storage medium, now known or hereafter developed. You may not scrape the website or otherwise make any use of data mining, robots, or similar data gathering and extraction tools. Notwithstanding the foregoing, you may make print, download or otherwise make a single copy of listings and information contained herein provided such copies are solely for your internal use and are not distributed to any third parties for commercial purposes or financial gain and provided that in each such copy you retain intact all copyright and other proprietary notices.

If you wish to obtain permission to publish, broadcast or otherwise distribute Content on this website, please make an inquiry. Any reproduction permitted under these Terms must contain notice of FLYRE LIMITED's copyright as follows: "Copyright © 2016 FLYRE LIMITED. All rights reserved."

TERMINATION

These Terms are effective until terminated by either User or FLY-RE. You may terminate these Terms at any time by destroying all Content obtained from this website and all related documentation and all copies and installments thereof whether made under the terms of these Terms or otherwise. FLY-RE may terminate your right to access or use this website or any feature or portion thereof or change, suspend or discontinue all or any aspect or portion of this website, or any service, feature or product offered through it, at any time, without notice or liability to you, any other user or any third party. FLY-RE may cancel unconfirmed accounts or accounts that have been inactive for a long time (at least 60 subsequent calendar days) or modify or discontinue the Services.

Upon termination, you are no longer authorized to access this website and you must destroy all copies of any Content obtained from this website. The restrictions imposed on you with respect to the Content, and the disclaimers, indemnities and limitations of liabilities set forth in these Terms shall survive termination.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FLY-RE, ITS AFFILIATES, LICENSORS OR CO-BRANDERS, USERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND INFORMATION PROVIDERS (COLLECTIVELY, "FLY-RE PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF A FLY-RE PARTY OR A FLY-RE PARTY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF CONTENT OR MATERIALS FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.

In the event that any Party using the website, including Insurer (cedent) and Reinsurer, have a dispute, FLY-RE (including FLY-RE’s officers, directors, agents, affiliates, and employees) is not liable for any claims, demands and damages arising out of or in any way connected with such disputes. In no event shall FLY-RE’s total liability to User or any third party for any damage, loss, or cause of action arising out of or in connection with this document and/or the Services or the use of the website exceed ten US Dollars (USD 10). Some jurisdictions do not allow the limitation or exclusion of warranties or of liability for incidental or consequential damages so some of the foregoing above may not apply. 

In no event shall FLY-RE or its officers, directors, licensors, employees, Internet service providers or information providers, representatives, agents, parents, subsidiaries, partners and Affiliates be liable to User or any third party for any claims, demands and/or any indirect, incidental, special, consequential or exemplary damages (howsoever arising, including but not limited to damages for negligence or for cause).

INDEMNITY

You agree, to the fullest extent permitted by law, to indemnify, defend and hold harmless FLYRE PARTIES from and against any claims, liability, losses, costs and expenses (including but not limited to reasonable attorneys' fees) incurred by any FLY-RE PARTY in connection with any violation of these Terms by you and any use or alleged use of this website under your password by any person, whether or not authorized by you. FLY-RE reserves the right to assume the exclusive defense and control, at its own expense, of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with FLY-RE' defense of such claim.

If User has a dispute with any User in any way connected with the Services/the website or any reinsurance risk listed, offered, negotiated, transferred or accepted through the Services and/or by the use of the website or any transaction made through the website, to the fullest extent permitted by applicable law, User releases, defends, indemnifies and holds harmless FLY-RE (its Affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives) from all claims, demands, lawsuits, causes of action, loss, liability, injury and/or damage (actual and consequential), of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. User expressly waives any benefits or protections, whether statutory or otherwise, that would otherwise limit the coverage of this release to include only those claims which User may know or suspect to exist in User’s favor at the time of entering into this release.

User shall indemnify and hold harmless FLY-RE (its Affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives) from and against any and all claims, demands, fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and Experts’ fees), incurred by FLY-RE and/or any User and/or any third party, and shall defend FLY-RE and/or any third party against any and all claims arising out of: User’s breach of this Document; fraud User commits, or User’s intentional misconduct or gross negligence; or User’s violation of any applicable laws or the rights of a third party.

JURISDICTIONAL ISSUES

This website is controlled and operated by FLYRE LIMITED, London, UK. Access to or use of this website shall be performed according to each User’s local requirements of doing business in any legal jurisdiction. FLY-RE makes no representation that Content on this website is appropriate or available for use in any particular location. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You and FLY-RE consent to bring any action to enforce these Terms in the courts located in United Kingdom. The number of arbitrators shall be three. The seat, or legal place, of arbitration shall be London. The language to be used in the arbitral proceedings shall be English. Additionally, these Terms shall be governed by and construed in accordance with, and any claims brought against FLY-RE shall be governed by, the laws of the United Kingdom without regard to its choice of law principles.

As FLY-RE is not the agent of any User for any purpose, the FLY-RE have no duty to resolve and will not act as the agent of any User in connection with resolving any disputes. However, FLY-RE reserves the right, but is not obligated, to investigate complaints or claims of any User. User agrees to cooperate with FLY-RE in any such investigations that FLY-RE may choose to conduct, as permitted by applicable law.

MISCELLANEOUS

These Terms constitute the entire agreement between the parties relating to the subject matter herein. No waiver by FLY-RE of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

FLY-RE and its affiliates shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood or any other Act of God, any law, regulation, ordinance or other act or order of any court, government or governmental agency, or delays, unavailability, errors or other failures of the Internet or other data networks.

If any provision in this Document shall be held to be illegal, invalid or unenforceable, in whole or in part, such provision or part shall to that extent be deemed not to form part of this Document but the legality, validity or enforceability of the remainder of this Document shall not be affected.

If any illegal, invalid or unenforceable provision would be legal, valid and enforceable if some part of it were deleted or modified, the provision shall apply with whatever deletion or modification is necessary to give effect to the commercial intention of the Parties.

All notices, requests, claims, demands and other communications given pursuant to this Document that are directed to FLY-RE shall be given in writing via email and addressed to:

FLYRE LIMITED, 13 John Prince's Street, London W1G 0JR, United Kingdom | legal@fly-re.com

Any notice from FLY-RE that is directed to User shall be delivered to the mailing address or email address User provided FLY-RE at the time of Registration. Notice shall be deemed given twenty four (24) hours after email is sent, unless FLY-RE is notified that the email address is invalid or, in the case of notice sent via postal mail, three (3) business days after the date of mailing. FLY-RE may also give notice of changes to this Document or other matters related to FLY-RE, website or Services by displaying notices to Users on the website.

Notwithstanding any other provisions of this Document, or any general legal principles to the contrary, any provision of this Document that imposes or contemplates continuing obligations on a Party will survive the expiration or termination of this Document.

This Document constitute the entire agreement and understanding between User and FLY-RE with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the Parties with respect to such subject matter.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

DEFINITIONS AND INTERPRETATION

“Affiliate” - (i) a Party, or (ii) any person, company, organization or entity directly or indirectly controlling a Party, or (iii) any person, company, organization or entity controlled by or under common control with a Party.

“FLY-RE” - FLYRE LIMITED (registration number 9716422), a company incorporated in England and Wales, with registered office at 13 John Prince's Street, London W1G 0JR, United Kingdom.

“FLY-RE Software” - the software, including all files and images contained in or generated by the software, and accompanying data available to User via the website. “Insurer” (also the ceding company or cedent) - User that is a party to a reinsurance agreement and whose reinsurance risks are reinsured.

“Party” – User or FLY-RE, respectively, which is the party to this Document.

“Parties” - User and FLY-RE which are the parties to this Document.

"Quote” - a set of information about a risk that a Reinsurer submits through the website as a reply to Placements from Insurers prepared in accordance with these Terms.

“Reinsurer” - User that is a party to a reinsurance agreement that accepts the reinsurance risk from the Insurer.

“Placement” - a set of information about a risk that an Insurer submits through the website to elicit quotes from potential Reinsurer prepared in accordance with these Terms.

“Services” – tools and features provided by this website to Users according to these Terms and Privacy Policy.

“Transaction” – Placement and/or Quote.

“Terms of Service” - this document governing User’s access to and use of the Services/the website as well as operating rules and/or policies incorporated herein by reference.

“User” – an individual person and/or legal company registered on this website and accessing or using the Services.