WriteNow Operational T&Cs

To assist intermediaries in the sale and processing of our products, we offer a secure electronic service, (hosted on www.avivabroker.ie) to our intermediaries. This secure service is called WriteNow. These are the operational terms and conditions of use (the “Terms” which term includes the Intermediary Data Protection Notice which is available on WriteNow, and the Website Terms and Conditions attached to www.avivabroker.ie) as applicable to your access and right to use the Aviva Life & Pensions Ireland DAC online application called WriteNow.

By clicking “I Accept” at the bottom of these Terms you are confirming that you have read and agree to be legally bound by these Terms. You are further confirming that you have authority to accept and agree to these Terms on behalf of the Intermediary and agree that it is a condition of these Terms that you comply with these Terms on behalf of the Intermediary. If you do not accept these Terms, you should not use WriteNow. You must click on the “Exit” button and immediately cease using WriteNow.

Parties

Aviva Life & Pensions Ireland DAC (“the Company”, “Aviva”, “we”, “us” or “our”), trading as Aviva Life & Pensions Ireland and Friends First, is regulated by the Central Bank of Ireland. Registered in Ireland No. 165970. Registered office at Building 12, Cherrywood Business Park, Loughlinstown, Co Dublin. D18 W25P. Tel (01) 898 7950. www.aviva.ie

Definitions and Interpretations

As used in these Terms, the following terms and expressions shall have the following meanings, unless the context otherwise requires:

• “Advanced Electronic Signature “, shall have the meaning assigned under the eIDAS Regulation;
• “Appointed User Controller “, means the person(s) appointed by the Intermediary as controller for the purposes of accessing WriteNow and as liaison between the Company and the Intermediary who will be responsible for overseeing your obligations under these Terms;
• “Aviva Account Manager”, means the appointed Aviva account manager of the Intermediary;
• “Aviva’s Preferred DP Notification”, means our preferred notification to Clients of the purposes for which we may hold and share Personal Data as included in the Proposal or as otherwise notified to the Intermediary by Aviva;
• “AvivaBroker Support Team”, the Company team, which provides system and technical support for Users;
• “Client”, means a client of the Intermediary;
• “Commencement Date”, the date on which you click “I ACCEPT” at the bottom of these Terms;
• “Confidential Information”, all confidential information, technical data, trade secrets relating to the organisation, finances, specifications, methods, technology and business activities, of and concerning WriteNow, and the contents of such;
• “Data Protection Laws”, means the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and/or all applicable laws, including but not limited to the Data Protection Acts 1988 to 2018, rules, regulations, regulatory guidance, regulatory requirements from time to time, relating to data privacy in Ireland and as each may be amended, updated and/or superseded from time to time;
• “Digital Signature Option”, refers to whenever the Company agrees with you to accept from a Client a Proposal for a WriteNow Product where a Client signs the Proposal by means of a digital signature (meeting the requirements of an Advanced Electronic Signature) instead of a handwritten signature. In other words, where a Client completes a Proposal (in the same way as for the handwritten signature process) with the only difference being that the Client signs the application by means of a digital signature (meeting the requirements of an Advanced Electronic Signature) instead of a handwritten signature. For the avoidance of doubt any form of documentation excluded by law, including section 10 of the Electronic Commerce Act 2000 (as amended or replaced from time to time), shall not be available under this Digital Signature Option;
• “eIDAS Regulation”, means Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (as amended or replaced from time to time);
• “Help and support section”, the support section on the Website, which includes the user guides, support videos and other training/support material outlining how to use WriteNow and how to conduct business with the Company through WriteNow, available at avivabroker.ie/help-and-support (as varied or supplemented by the Company from time to time);
• “Intermediary”, means the intermediary appointed by Aviva Life & Pensions Ireland DAC under the Terms of Appointment and named as such on the intermediary’s agency account with us;
• “Proposal”, means the application form or proposal completed in respect of any WriteNow Product, signed by the Client and submitted by you using WriteNow;
• “Terms of Appointment”, means the terms and conditions governing the appointment of the Intermediary as an insurance intermediary of Aviva Life & Pensions Ireland DAC (as in place and updated from time to time);
• “Users”, the Intermediary and those persons in the employment of, agents and sub-contractors accessing WriteNow, including Appointed User Controller(s) and other employees of intermediaries accessing WriteNow, who have been nominated by the Intermediary to access WriteNow on their behalf (and who by accepting these Terms are representing and warranting to us that they have authority to accept and agree to the Terms for and on behalf of the Intermediary), for the purpose of accessing information and submitting Proposals to us, that have accepted these Terms and have met any other requirements of the Company as may exist from time to time;
• “Website”, shall mean the website available at www.avivabroker.ie;
• “WriteNow”, means the secure electronic services which are provided by us to the Intermediary and Users, including but not limited to, access to information and any business activities which are conducted electronically, and which are hosted or accessed through the Website including any other such secure services to be developed and offered from time to time;
• “WriteNow Product”, means any and all products in respect of which the facility for an online Proposal is available through WriteNow, including any other product available or to be developed from time to time where Proposals can be submitted through WriteNow; and
• “You/you”, refers to any User.

Unless the context otherwise requires where you agree, confirm or declare in these Terms you do so on behalf of the Intermediary as well as on your own behalf.

Eligibility

WriteNow is available exclusively to Users, nominated by the Intermediary, who have registered with us and who have accepted and agreed to abide by the Terms.

Without limiting the foregoing, WriteNow is not available to any person under the age of 18. If you do not qualify, do not use WriteNow. You must click on the “Exit” button and/or immediately cease using WriteNow.

From time to time we may refuse access to anyone and refuse to deal with anyone at any time or to restrict access to some parts of WriteNow, in our sole and absolute discretion.

Right to use

During the currency of these Terms and subject to their terms, the Company grants to you a non-exclusive right to use and access WriteNow for internal business purposes of the Intermediary. We will retain control over the form and content of WriteNow and may alter such or any portion of such from time to time in our sole discretion.

You agree that:

• You may only use WriteNow to submit business online, access, review, amend, add to and delete details and information as authorised in relation to the business of the Intermediary held with the Company;
• You will provide correct and accurate e-mail, postal and/or other contact details to us, where we request such, and acknowledge that we may use these details to contact you in the event that this should prove necessary. Further information on how we collect, use and share Intermediary Personal Data (including Personal Data of Users) is contained in the Intermediary Data Protection Notice (available on the Website or on request);
• You shall treat any User identification, password or any other piece of information required as part of our security procedures, as confidential, and you must not disclose it to any third party or otherwise record in a form or manner which would be intelligible or otherwise accessible to an unauthorised person. We have the right to disable any User identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Terms;
• You will not access any data or information which is not data or information to which you have been granted, or authorised to, access;
• You will not disclose any data or information to any third party who is not an authorised User or use such for the benefit of any unauthorised third party;
• You will not use WriteNow, or any data or information obtained from or through accessing or using such to infringe on the rights of the Company or any third party, including but not limited to intellectual property right infringement;
• You will not modify or remove any copyright or other proprietary notices of the Company from WriteNow;
• You shall act lawfully, honestly and in a professional and diligent manner in your use of WriteNow and shall comply with all applicable laws and regulations with respect to your activities under these Terms; and
• You confirm that you understand the contents of the Help and support section (including user guides, support videos and other training/support material) and agree to comply with our processes and requirements outlined in the Help and support section when using WriteNow.

Values and Online Proposals

Values: Any policy values on WriteNow must be interpreted together with the applicable disclaimer provided. Values cannot be quoted/construed/reproduced without such disclaimer and any notes/assumptions set out on WriteNow.

WriteNow New Business Applications: Where an online Proposal is made for a WriteNow Product using WriteNow you shall not modify or remove any details in relation to the Proposal without the prior authorisation of the Client. You are responsible for ensuring that the information and details submitted to us through a WriteNow Proposal are true, accurate and complete in all respects. By submitting a Proposal to the Company through WriteNow you warrant, that the Client has authorised you/the Intermediary to act on their behalf and to do so.

Signed Proposal: You shall ensure that a Proposal is signed by the Client in all the appropriate sections including, but not limited to, all data protection declarations provided in such documentation. You shall also ensure that any required intermediary declaration in the Proposal is signed by and on behalf of the Intermediary.

Digital Signature Option: When using the Digital Signature Option under these Terms and where a Client signs the Proposal by means of a digital signature instead of a handwritten signature you undertake and warrant to the Company as follows:

(a) The digital signature meets the requirements of an Advanced Electronic Signature.

(b) You will procure, maintain and store securely an accessible appropriate record (for dispute purposes) of the Advanced Electronic Signature and the certificate of completion for the period of the policy and thereafter for a period of 7 years after the policy has ended.

(c) You will provide access to the Company to that record on request by us for the Company to review for quality and for our verification and dispute purposes.

(d) You will procure to be fully licensed to use any and all software that is necessary for these purposes and that to the extent the Company requires to be so licenced in order to exercise its rights for these purposes, you will procure at your expense for the appropriate licences to be obtained.

Return of Proposal: You will ensure that the Proposal (including any ancillary document(s) relevant to the Proposal) is signed by the Client and returned to the Company before putting policies live or activating issue of the policy to the Client.

Putting Policies Live: You shall not, otherwise than in accordance with the Company’s processes and requirements outlined in the user guides and/or Help and support section, perform the administrative task of putting policies live (reflecting acceptance by us of the Client’s Proposal) or activate issue of the policy to the Client (where the facility for putting policies live or activating the issue of the policy is available through WriteNow). In particular but without limitation, you shall not put policies live or activate issue of the policy to the Client in advance of the Proposal being completed and signed by the Client and returned via online submission by you to the Company.

Liability

You are liable for and agree to defend, fully indemnify and hold harmless the Company and its directors, officers, employees, agents and affiliates and each of them (“Indemnified Parties”) from and against any loss, cost, or expense incurred by the Indemnified Parties (or any of them) arising from your breach of these Terms or from your acts, neglect or default.

The Company accepts no responsibility of any nature whatsoever regarding the accuracy of any information contained on WriteNow. You use and rely on the data and/or information provided therein at your sole risk.

You acknowledge and agree that:

• The information on WriteNow does not constitute an offer, and is provided as a service to you.
• Your use of WriteNow is at your sole risk. While we will endeavour to ensure that WriteNow is available between 7.00am-11.00pm daily (except for four days in any given calendar month when WriteNow will be available 8.00am- 6.00pm of which we shall endeavour to give you notice in advance), we will not be liable if for any reason WriteNow is unavailable at any time or for any period and you acknowledge and agree that WriteNow is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
• To the fullest extent permitted by law, no express or implied guarantee, or representation, endorsement or warranty of any type is given with respect of the accuracy, reliability or completeness of the information appearing on, or provided in conjunction with, WriteNow.
• You are advised to safeguard important data, to use caution and to not rely in any way on the correct functioning or performance of WriteNow.

To the fullest extent permitted by law, in no event shall we or any other person involved in creating, installing, delivering or testing WriteNow or data or information provided in or through such, be liable for any direct, indirect, incidental, special or consequential losses or damages, resulting from any claim (including, and without limitation, a claim for breach of contract, in tort, for negligence, under an indemnity, for breach of warranty or otherwise) arising out of the use or the inability to use WriteNow, including, but not limited to, damages for loss of income, revenue, business, profits, contracts, data, goodwill, anticipated savings, or other intangible information, even if we have been advised of the possibility of such damages or such damages were reasonably foreseeable.

Modification of Terms

We reserve the right at any time to change, modify, add or discontinue any aspect or feature of these Terms. We will notify you of any changes before they have effect and you will be required to accept the amended Terms in order to be able to continue to use WriteNow. If you decide not to accept such changes, you must click on the “Exit” button and immediately cease using WriteNow.

Data Protection & Privacy of Data

You shall ensure that the disclosure of Personal Data to us through WriteNow is fair and lawful and will not otherwise breach the Data Protection Laws.

In using WriteNow you may enter data and information obtained from Clients. In advance of submitting any personal information through WriteNow you must ensure that you have fully explained to your Clients the purposes for which we may hold and share the personal information provided and shall inform Clients of Aviva’s Preferred DP Notification. You must also ensure that your Client confirms that they have read and understand Aviva’s Preferred DP Notification.

Confidentiality & Security 

You shall keep secret and shall not disclose to any person or otherwise record in a form or manner which would be intelligible or otherwise accessible to an unauthorised person any user identification or password assigned or used by you for use in connection with WriteNow. You must notify us immediately if you either suspect or become aware that your security details have become known or available to an unauthorised person.

You shall keep the Confidential Information confidential and (a) shall not use or exploit the Confidential Information in any way; and (b) shall not disclose or make available the Confidential Information in whole or in part to any third party; except with the prior written consent of the Company, or except as expressly permitted by these Terms, or as required by law.

You agree to inform the Company if any unauthorised access to, or use of, data or information on WriteNow (including the data of Users, Client and other third parties contained in WriteNow) or the Confidential Information by you or any third party as soon as possible after becoming aware of such access or use. If you access information or personal data that you do not have permission to access or use you shall immediately inform the Company and shall treat such information or personal data in confidence.

The Company at its absolute discretion reserves the right to change the content of WriteNow without notice to you, to reflect changes in legislation and to keep in line with changes/updates and systems developments within the Company. The Company also reserves the exclusive right to discontinue WriteNow without notice at any time.

The Company cannot guarantee the privacy or confidentiality of any information passing or transmitted over the Internet. You accept that any transmission of information over the Internet may be subject to interference from or interception by third parties or incorrectly delivered and therefore may not continue to remain as confidential. The Company is not responsible for any loss or damage that could result from interception by third parties of any information passing or transmitted through this Website.

Right of Audit & Access

The Company reserves the right to audit at any time:

(a) all operations and activities by you, under or contemplated by these Terms;

(b) your use of WriteNow and in particular but without limitation the security requirements thereof;

at any time upon reasonable notice. For the purpose of such audit you will allow us to attend at your offices and examine your WriteNow access system, usage policies and data retention records.

The Intermediary shall maintain proper records in relation to all operations and activities under or contemplated by these Terms and its use of WriteNow and shall afford to the Company, its internal and external auditors and other professional advisers, and to all relevant competent regulatory or governmental authorities, on reasonable written notice, access to its computer databases, computer records, computer software, microfiche and any other means of storing information including books, documents and records to the extent that the same relate to such operations and activities or use and shall permit them to take and remove copies of the records. In addition, the Intermediary shall furnish them with such information with regard thereto as the Company may reasonably require in such form and in such manner as the Company may reasonably specify (including on computer disk or by magnetic, optical or other media).

The Intermediary shall comply with any request for information or records relating to such operations or activities or use received by either the Company or the Intermediary from a relevant competent regulatory or governmental authority.

If at any time after the Intermediary’s appointment with the Company has terminated the Intermediary wishes to destroy the said relevant records, the Intermediary will contact the Company and if so required by the Company arrange to transfer such records to the ownership of the Company

The Intermediary shall permit the Company, the other parties referred to in clause 10.2 above and a relevant competent regulatory or governmental authority, on reasonable written notice, such access to its premises as may be necessary for the purposes of clauses 10.2 and 10.3 above. If the Company is not satisfied at any time with any inspection of any books, documents or records pursuant to clause 10.2 above, it may at its own expense procure an audit (whether financial, underwriting or other) of such computer records, books, documents and records and the Intermediary shall cooperate with and facilitate such audit and promptly take such steps as may be reasonably necessary to remedy any defects highlighted by such audit.

The Intermediary shall give the Company’s internal auditors and external auditors such information and explanations as they reasonably consider necessary for the performance of their duties as auditors.

The Intermediary shall comply with applicable laws and regulations as regards the maintenance of records and the granting of access to such records.

The Intermediary warrants that it is and undertakes to remain fully licensed to use any and all software that is used for such operations and activities or use and that to the extent the Company (or any other party in exercise of rights under these Terms) requires a licence to use any such software in order to exercise its rights under these Terms, the Intermediary will arrange at the Intermediary’s expense for the appropriate licences to be obtained.

Termination 

You agree that the Company may, in its sole discretion, (a) without notice, terminate your right to use WriteNow if you fail to comply with any of these Terms or (b) with notice, terminate your right to access WriteNow. The Company may also, in its sole discretion and at any time, by notice posted to the Website, discontinue providing WriteNow, or any part thereof. Further, it is agreed that the Company shall not be liable to you or any third party as a result of termination of access to WriteNow. Your right to access WriteNow and these Terms shall automatically terminate, without notice, if for any reason the Terms of Appointment of the Intermediary are terminated or the Intermediary’s Registration for access to WriteNow is terminated.

You may terminate your right to use WriteNow and these Terms by notice in writing to the AvivaBroker Support Team at our registered office, Aviva Life & Pensions Ireland DAC, Building 12, Cherrywood Business Park, Loughlinstown, Co Dublin. D18 W25P or email avivabrokerirl@aviva.com. We will promptly, but no later than 5 days following receipt of such notice, disable your User account (User identification and password).

You, to the extent that you are an Intermediary or Appointed User Controller, as relevant, shall notify the Company immediately when a User is no longer permitted to access and use, or no longer requires access to WriteNow. The Company once so notified will promptly, but no later than 5 days, following receipt of such notice, terminate the right of access of such User disabling that User’s account (User identification and password). You can send us notice in writing to the address above or email us at avivabrokerirl@aviva.com

On termination of these Terms (for whatever reason) you shall no longer access or use WriteNow for any reason. You shall promptly return to the Company or destroy, at the discretion of the Company, all materials provided to you in connection with WriteNow. The termination of these Terms shall be without prejudice to the rights or remedies of either party accrued prior to such termination and shall not affect or relieve the User from any prior obligations imposed upon them by these Terms.

General Terms

Assignment – The provisions of the Terms are not assignable by you. The Company reserves the right to transfer or assign these Terms or the operation of WriteNow to another body and shall notify you of this in advance.

Notices – You shall send us notices under or in connection with these Terms by post to AvivaBroker Support Team at our registered office, Aviva Life & Pensions Ireland DAC, Building 12, Cherrywood Business Park, Loughlinstown, Co Dublin. D18 W25P or you can email us at avivabrokerirl@aviva.com.

Dispute Resolution – All disputes, differences and questions, which may at any time arise between the parties touching or arising out of or in connection with these Terms or their subject matter, shall be referred to a single Arbitrator in accordance with the Arbitration Act 2010 and any amendment thereof. In the event that the parties cannot agree on a suitable arbitrator the President of the Law Society of Ireland will be asked to appoint such arbitrator.

Waiver – If we fail, at any time during the currency of these Terms, to insist upon strict performance of any of your obligations under any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

Severability – If any provision of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Terms – These Terms and any document expressly referred to in them represent the entire Terms between you and the Company in relation to the subject matter of these Terms and supersede any prior Terms, understanding or arrangement between you and us, whether oral or in writing.

Law and Jurisdiction – WriteNow is intended solely for the use of residents of the Republic of Ireland (which term, for the avoidance of doubt, excludes Northern Ireland). This Website is established in the Republic of Ireland and is subject to the laws of the Republic of Ireland. These Terms are governed by and shall be construed in accordance with the laws of Ireland and, subject to clause 12.3, in the event of any dispute each party hereto submits to the jurisdiction of the courts of the Republic of Ireland.

Notification of Problems – Please notify us of any difficulties or problems experienced with the operation of WriteNow. All notifications should be sent to avivabrokerirl@aviva.com or on 1800 268 377.