1.1 These terms and conditions shall govern your use of the CyberPrepare website and the services on our website.
1.2 By using our website you accept these terms and conditions in full; accordingly if you disagree with these terms and conditions or any part of these terms and conditions you must not use our website.
1.3 If you register with our website and subscribe to the services on our website we will ask you to expressly agree to these terms and conditions.
1.4 Your agreement to these terms and conditions is on your own behalf as an individual or if you are acting in the course of your employment by or representing another legal entity on behalf of that entity; and such acceptance creates a legally enforceable agreement between you or that entity on the one hand and us on the other.
1.5 If you are acting in the course of your employment by or representing another legal entity you personally warrant and represent to us that you have the authority to accept these terms and conditions on behalf of that entity and you undertake to abide by these terms and conditions insofar as they are applicable to you as an individual user.
1.6 Our website services are designed for business customers only. You must not use our website services except in the course of a business or other organisational project. In particular you must not use our website services as a consumer.
1.7 Our website uses cookies; by using our website or agreeing to these terms and conditions you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
2.1 This website and the material on this website are copyright (c) STORM Guidance Limited registered in England & Wales.
2.2 Subject to the express provisions of these terms and conditions:
3.1 This Section 3 governs your rights to use our website and our website services. These provisions apply to use of those areas of the website available to casual visitors and to the use of the additional areas of the website available to registered users and customers who have subscribed to our services and in particular shall apply to the use of our cyber policy comparison engine.
3.2 The rules governing the use of documents produced by means of our website services are set out in Section 8 and are not affected by the provisions of this Section 3.
3.3 You may:
3.4 Except as expressly permitted by Section 3.1 or Section 8 you must not download any material from our website or save any such material to your computer.
3.5 You must not:
3.6 We reserve the right to restrict access to areas of our website at our discretion; you must not circumvent or bypass or attempt to circumvent or bypass any access restriction measures on our website.
3.7 You must not use the software elements of the website or services for any purpose other than using the website and services in accordance with these terms and conditions.
3.8 Except to the extent required by applicable law you must not reverse engineer or attempt to reverse engineer the software elements of the website or services.
4.1 You may only use our website for your own business or organisational purposes and you must not use our website for any other purposes.
4.2 You must not:
4.3 You must not interact with our cyber policy comparison engine by any automated means or by any means other than manually through the use of a web browser.
5.1 You may register for an account with our website by completing and submitting the account registration and/or subscription form on our website.
5.2 You must not allow any other person to use your account to access the website even if that other person is employed or engaged as part of your business or organisation.
5.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
5.4 You must not use any other person's account to access the website.
5.5 If you register for an account with our website you will be asked to choose a password and may be asked to choose a user ID.
5.6 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 11; you must not use your account or user ID for or in connection with the impersonation of any person.
5.7 You must keep your password confidential.
5.8 You must notify us in writing immediately if you become aware of any disclosure of your password.
5.9 You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
5.10 We may:
5.11 You may cancel your account on our website by sending to us a written cancellation request. You will not be entitled to any refund if you cancel your account in accordance with this Section 5.11.
5.12 You or your business or organisation may reassign your account license to another person who is employed or engaged as part of your business or organisation upon request to us in writing whereupon we will disable and delete your account license and allow the creation of a new account and the references and data available to the disabled account will no longer be available.
6.1 Users may make the following types of subscription on our website:
6.2 When you subscribe to a standard licence or premium licence you agree to abide by the limitations as specified in these terms and conditions and on our website.
6.3 To subscribe to a license you must add the number of license packs you require to your basket and pay the applicable annual subscription fees. Your account will be created after the subscription is validated. Our website will send an automated confirmation of your order (in the form of an email invoice). The contract between you and us for the supply of the website services shall come into force upon the issue of that order confirmation.
6.4 Not being a consumer you acknowledge and agree that our order procedure does not include specific means enabling you to identify and correct input errors prior to making your order.
6.5 We may from time to time vary the benefits associated with a subscription (including usage and licensing limitations) by posting a new description of the relevant services or licence in these terms and conditions and on our website providing that if in our reasonable opinion such a variation results in a substantial loss of value or functionality you shall have the right to cancel your services and we will refund to you an amount calculated in accordance with Section 10.
6.6 We shall have the right (but not the obligation) to delete from our servers filters and analysis results that you create using our comparison engine at any time following the end of the period during which you have a right to create and edit such filters or analysis results using the comparison engine.
7.1 When you subscribe to a licence on our website your access to our cyber policy comparison engine will be subject to those limitations specified on our website at the time you make the purchase. Such limitations will relate to:
8.1 In this Section "Exported Analysis Reports" means documents created using our cyber policy comparison engine that you export from our website whether in Word format HTML format or any other format and includes derivatives of such documents; "Website" means a website or a software application hosted on and made available to users via the internet including updated and upgraded versions of such Website.
8.2 Subject to your payment of the applicable subscription price and compliance with these terms and conditions we grant to you a worldwide non-exclusive licence to make any Permitted Use of any Exported Analysis Report; providing that you must not in any circumstances make any Prohibited Use of any Exported Analysis Report.
8.3 The "Permitted Uses" are:
8.4 The "Prohibited Uses" are:
8.5 This licence is non-transferable. However you may sub-license the rights granted in this Section 8 in respect of an Exported Analysis Report (subject to the restrictions set out in this Section 8) to a client of yours in which case from the time of the sub-licence coming into effect you will no longer be permitted to exercise those rights except for the purpose of maintaining the relevant Exported Analysis Report on behalf of the client.
8.6 All rights in the Exported Analysis Reports not expressly granted in these terms and conditions are hereby reserved.
8.7 Subject to Section 8.10 you must retain and must not delete obscure or remove all copyright notices and other proprietary notices placed by us on any Exported Analysis Report.
8.8 If you breach any of these terms and conditions then the licence set out in this Section will be automatically terminated upon such breach (whether or not we notify you of termination).
8.9 Upon the termination of the licence set out in this Section you will promptly and irrevocably delete from your computer systems and other electronic devices all copies of the Exported Analysis Report(s) in your possession or control and will permanently destroy any paper or other copies of the Exported Analysis Report(s) in your possession or control.
9.1 The fees in respect of our website services and subscribed services licences will be as set out on the website from time to time.
9.2 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT (unless the context suggests otherwise).
9.3 You must pay to us the fees in respect of our website services in advance in cleared funds in accordance with any instructions on our website.
9.4 We may vary fees from time to time by posting new fees on our website but this will not affect fees for services that have been previously paid.
9.5 If you dispute any payment made to us you must contact us immediately and provide full details of your claim.
9.6 If you make an unjustified credit card debit card or other charge-back then you will be liable to pay us within 7 days following the date of our written request:
9.7 If you owe us any amount under or relating to these terms and conditions we may suspend or withdraw the provision of services to you.
9.8 We may at any time set off any amount that you owe to us against any amount that we owe to you by sending you written notice of the set-off.
10.1 The provisions of this Section 10 apply only where the Section is expressed to apply elsewhere in these terms and conditions.
10.2 You acknowledge that you have no general right to a refund under these terms and conditions.
10.3 Refunds will be calculated taking into account the following factors:
10.4 Subject to Section 10.3 we shall be responsible for calculating refunds due in accordance with this Section 10 and we may do so using any reasonable methodology.
11.1 In these terms and conditions "Your Content" means all works and materials (including without limitation any text that you submit using our cyber policy comparison engine and any other text graphics images audio material video material audio-visual material scripts software and files) that you submit to us or our website for storage or publication on processing by or transmission via our website.
11.2 You grant to us a worldwide irrevocable non-exclusive royalty-free licence to reproduce store and process Your Content on and in relation to this website and any successor website. In the case of information supplied using our comparison engine we will only use that information for the purposes of providing our website services to you fulfilling our obligations under these terms and conditions analysing and learning from the use of our analyses and enforcing our legal rights.
11.3 You grant to us the right to sub-license the rights licensed under Section 11.2.
11.4 You may edit Your Content to the extent permitted using the editing functionality made available on our website.
11.5 Without prejudice to our other rights under these terms and conditions if you breach any provision of these terms and conditions in any way or if we reasonably suspect that you have breached these terms and conditions in any way we may delete unpublish or edit any or all of Your Content.
11.6 You warrant and represent that Your Content will comply with these terms and conditions.
11.7 Your Content must not be illegal or unlawful must not infringe any person's legal rights and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
11.8 Your Content and the use of Your Content by us in accordance with these terms and conditions must not:
12.1 This Section 12 sets out how we will treat the information that you upload to our website in the course of using our cyber policy comparison engine (the "Confidential Information") and any personal data that we may process on your behalf in the course of providing the services ("Personal Data").
12.2 We shall:
12.3 Notwithstanding Section 12.2 we may disclose the Confidential Information to our officers employees professional advisers insurers agents service providers and subcontractors who have a need to access the Confidential Information for the performance of their work and who are bound by a written agreement or professional obligation to protect the confidentiality of the Confidential Information.
12.4 This Section 12 imposes no obligations upon us with respect to Confidential Information that:
12.5 The restrictions in this Section 12 do not apply to the extent that any Confidential Information is required to be disclosed by any law or regulation by any judicial or governmental order or request or pursuant to disclosure requirements relating to the listing of our stock on any recognised stock exchange.
12.6 The provisions of this Section 12 shall continue in force indefinitely following the closure of your account on the website.
12.7 You warrant to us that you have the legal right to disclose all Confidential Information and Personal Data that you do in fact disclose to us under or in connection with these terms and conditions and that the processing of that Personal Data by us in accordance with these terms and conditions will not breach any applicable data protection or data privacy laws (including the Data Protection Act 1998).
12.8 We warrant to you that:
13.1 From time to time we may provide guidance about the ways you may get the best from our cyber policy comparison engine and other website services. In this connection you acknowledge that:
13.2 This website our cyber policy comparison engine and our Exported Analysis Reports contain general and specific information about insurance policies and the cover provided ("Policy Information").
13.3 You must not rely on the Policy Information as an alternative to policy advice which you may be required to provide or that which should be requested from your trusted advisor or other professional insurance services provider.
13.4 If you have any specific questions about any insurance cover matter you should consult your broker the relevant insurer or other professional insurance services provider.
13.5 You should never delay seeking financial advice disregard financial advice or commence or discontinue any legal action because of the Policy Information.
13.6 No broker-client insurer-client or lawyer-client relationship shall be created through the use of our website.
13.7 The Policy Information is not financial advice and should not be treated as such. Nor should any guidance we may give to you regarding policy selection or any assistance we may give you regarding policy comparison. Accordingly you must not relay the Policy Information or such guidance or assistance and subject to Section 15.1 we will not be liable to you in respect of any loss or damage that you may suffer or incur because of reliance upon the Policy Information or such guidance or assistance.
13.8 The information on our website are all provided by specialists qualified in England and Wales and/or designed for use in relation to UK financial services law. We give no warranty that the information is at all suitable for use in relation to any other law or jurisdiction.
13.9 Our cyber policy comparison engine is designed to improve the efficiency of the analysis of cyber insurance policy wording and the coverage available. You acknowledge that whilst aspects of the filtering process are automated the use of the cyber policy comparison engine does not guarantee that your analysis results will be cogent consistent accurate acceptable or error-free. You should carefully review all the output of the cyber policy comparison engine with the original policy wordings and where appropriate appoint a professional to do so.
14.1 We do not warrant or represent:
14.2 The software that we use to provide our website services is complex. You acknowledge that complex software is never wholly free from bugs and security vulnerabilities and we give no warranty that our software will be wholly free from such bugs and vulnerabilities.
14.3 We reserve the right to discontinue or alter any or all of our website services and to stop publishing our website at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services or if we stop publishing the website.
14.4 To the maximum extent permitted by applicable law and subject to Section 15.1 we exclude all representations and warranties relating to the subject matter of these terms and conditions our website and the use of our website.
15.1 Nothing in these terms and conditions will:
15.2 The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:
15.3 To the extent that our website and the information and services on our website are provided free of charge we will not be liable for any loss or damage of any nature.
15.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
15.5 We will not be liable to you in respect of any business losses including (without limitation) loss of or damage to profits income revenue use production anticipated savings business contracts commercial opportunities or goodwill.
15.6 You are responsible for creating and maintaining copies of the data stored on the website; we will not be liable to you in respect of any loss or corruption of any data database or software.
15.7 We will not be liable to you in respect of any special indirect or consequential loss or damage.
15.8 You accept that we have an interest in limiting the personal liability of our officers and employees and having regard to that interest you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not of course limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
15.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:
16.1 You hereby indemnify us and undertake to keep us indemnified against any and all losses damages costs liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
17.1 Without prejudice to our other rights under these terms and conditions if you breach these terms and conditions in any way or if we reasonably suspect that you have breached these terms and conditions in any way we may:
17.2 Where we suspend or prohibit or block your access to our website or a part of our website you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
18.1 Our website and services include hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
18.2 We have no control over third party websites and their contents and subject to Section 15.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
19.1 CyberPrepare Attacker's Eye View n (incl. sub-domains) and stormguidance.com our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks and such use may constitute an infringement of our rights.
19.2 The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and unless stated otherwise in these terms and conditions we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
20.1 We may revise these terms and conditions from time to time.
20.2 The revised terms and conditions shall apply to the use of our website and services from the date of publication of the revised terms and conditions on the website and you hereby waive any right you may otherwise have to be notified of or to consent to revisions of these terms and conditions.
20.3 If you have given your express agreement to these terms and conditions we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify we will disable or delete your account on the website and you must stop using the website. We will give you at least 3 months' notice of any revision requiring your consent under this Clause 20.3.
21.1 You hereby agree that we may assign transfer sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
21.2 You may not without our prior written consent assign transfer sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
22.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable the other provisions will continue in effect.
22.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted that part will be deemed to be deleted and the rest of the provision will continue in effect.
23.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
23.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
24.1 Subject to Section 15.1 these terms and conditions together with our privacy and cookies policy shall constitute the entire agreement between you and us in relation to your use of our website and services and shall supersede all previous agreements between you and us in relation to your use of our website and services.
25.1 A contract under these terms and conditions shall be governed by and construed in accordance with English law.
25.2 Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
26.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and if we update these terms and conditions the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
26.2 These terms and conditions are available in the English language only.
26.3 Our VAT number is GB 902 1495 52.
26.4 If you are regulated by the Financial Conduct Authority (FCA) in the UK and you become a customer for our services under these terms and conditions then we shall be obliged at your request to: (i) provide to the FCA (or its agent) such information as they may reasonably require in order to monitor your compliance with your obligations under the FCA's handbook; and (ii) enable the FCA (or its agent) to enter our premises and/or inspect our records to the extent reasonably required in order to enable them to monitor your compliance with your obligations under the FCA's handbook (in each case subject to our statutory duties and any contractual duties or duties of confidentiality that we owe to third parties).
27.1 This website is owned and operated by STORM Guidance Limited.
27.2 We are registered in England and Wales under registration number 08954537 and our registered office is at Crown House 151 High Road Loughton Essex.
27.3 Our principal place of business is at 99 Bishopsgate London EC2M 3XD.