Legal Notices

Version 9, last updated on 23 April 2012

Legal Notices
Terms and Conditions

This page sets out the terms and conditions under which Travelers Insurance Company Limited and its affiliates provide the information on the travelers.ie website including those parts of the travelers.co.uk websites which are accessible through these sites (collectively referred to as the "Websites"), as well as the terms and conditions governing your use of the Websites and to any email correspondence between you and the Travelers Group. Any reference in these terms and conditions to "we", "us", "our" or "Travelers Group" means all and/or any of Travelers and its affiliates. Any reference to "you" or "your" means you, the user. By making use of the Websites, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, do not continue to use the Websites.

Affirmation

By accessing and using the Websites, you agree that you have read and understood these terms and conditions and that you agree to be bound by them. We reserve the right to change these terms and conditions or policies regarding the use of the Websites at any time and to notify you by posting an updated version of the terms and conditions on the Websites. Your continued use of the Websites following the posting of such changes signifies your acceptance of those changes.

Site Cookies

The restricted area of our website uses cookies which are stored on your device and are used to store state information about your session and preferences. These cookies ensure that we maintain your session whilst you’re logged into that area and help us to improve your user experience by remembering your application preferences. Cookies that enable session identification remain for the duration of your session, cookies that are used for application preferences are stored for 365 days. By proceeding to enter the restricted area you consent to the use of such cookies.

Application

The Websites are only directed at residents of Ireland (excluding Northern Ireland). No representations are made as to whether the information is appropriate for any other country. If you are accessing the Websites from outside Ireland, we would be pleased to advise of any Travelers products or services which may be available to you in your own country if you send us a message via our Contact Us page.

Service Access

Whilst Travelers Group endeavours to ensure that the Websites are normally available 24 hours a day, Travelers Group will not be liable if for any reason any of the Websites are unavailable at any time or for any period. Access to the Websites may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond the Travelers Group's control.

Secure Username/Password Use

If you have been assigned a secure username for access to restricted sections of the Websites (a "Secure Username"), you are responsible for all activities executed under your Secure Username. To meet this responsibility, you agree to keep your Secure Username confidential. Unless authorised to do so allowing another person to use your Secure Username and its associated passwords, using a Secure Username and password assigned to another person, or attempting to gain access to resources for which you are not authorised is a serious breach of security.

Secure Username Administrators

If you are an administrator and you set up extra Secure Usernames, you agree that you will select Secure Usernames, that you are responsible for all activities executed under such Secure Usernames and that you will procure that the users of those Secure Usernames agree to these terms and conditions. You agree that you are responsible for the security of such Secure Usernames and that you will deactivate the Secure Usernames of your employees or agents who should no longer have access and of those persons whose employment or service has been terminated. The Travelers Group shall have no liability for the use or misuse of such Secure Usernames.

Downloading sensitive information from the Websites

If you download information from secure areas of the Websites and use that information otherwise than in accordance with any restrictions of use notified to you, you hereby agree to indemnify the Travelers Group against any loss or damage incurred by the Travelers Group (including without limitation any legal fees) arising directly or indirectly from your non-authorised use of any such information.

Unauthorised Access

The information held on the restricted areas of the Websites is CONFIDENTIAL and PRIVATE PROPERTY. Access to such information is only authorised for authorised users of the restricted areas of the Websites accessing information in accordance with these terms and conditions. Unauthorised access contravenes the Criminal Damage Act 1991 and may incur criminal penalties and damages. YOU ARE ONLY PERMITTED ACCESS TO RESTRICTED SECTIONS OF THE WEBSITES IF YOU ARE AN AUTHORISED USER.

Accuracy of Information

The Websites contain a large volume of complex information. Although Travelers Group has internal procedures in place to check the accuracy of the Websites, Travelers has not reviewed all of the content on the Websites and Travelers cannot guarantee the accuracy of information. Travelers excludes all express or implied conditions, warranties and other terms, including without limitation, any relating to the accuracy, completeness, timeliness or otherwise of the Websites. If you discover an error on the Websites, please send us a message via our Contact Us page.

The information on the Websites may be changed or updated without notice. The Travelers Group may also make improvements and/or changes in the products, services and/or programs described on the Websites at any time without notice.

It is up to you to take precautions to ensure that whatever information you select for your use on the Websites is free of such items as viruses, worms, trojan horses, malicious codes and other items of a destructive nature.

Copyright and Proprietary Notice

All intellectual property rights in the Websites (including without limitation all copyrights and trade marks) are owned by or licensed to the Travelers Group. Note in particular that "Travelers", "Populus", "Pro-Medica", "Scriptor", "Techsure" are our registered trade marks. All rights are reserved.

You may cite or refer to the information on the Websites and make copies of the information for your own use provided that all copyright and other proprietary notices are retained. When you cite or refer to that information, you do not obtain any ownership rights in that information. You may not reproduce (in whole or in part), modify or use for any commercial purpose any of the information on the Websites without obtaining our prior written permission. To request such permission, send a message via our Contact Us page. Please include your name, address and telephone number, and a description of the intended extent, purpose and distribution of your copying.

Hypertext Links

You may note that the Websites provide hypertext links to other sites created by other organisations.

Links to other sites are provided as a free service. Because those other sites are not under our control, we cannot guarantee the quality, accuracy or performance of those sites. Nor is our connection to those sites an endorsement or adoption of the views expressed or of the products and services sold or advertised on those sites. Questions about the content of those sites should be directed to their authors. Please note that under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any of those other sites.

If you would like to provide a hypertext link from your site to any of the Websites, please request our permission before doing so. To request such permission, send a message via our Contact Us page. Please include your name, address and telephone number, a description of your site and the reason why you would like to establish a link to this site.

If you do include a hypertext link from your site to any of the Websites, you hereby agree to indemnify the Travelers Group against any loss or damage incurred by the Travelers Group (including without limitation any legal fees) arising directly or indirectly as a result of including such hypertext link on your site. In addition, we reserve the right to withdraw any permission granted by us, whether express or implied, and to require termination of any such link to any of the Websites, at our discretion at any time.

Your Conduct

You may not misuse the Websites (including, without limitation, by hacking). You are prohibited from posting or transmitting to or from the Websites any information:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

(b) for which you have not obtained all necessary licences and/or approvals; or

(c) constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party enforceable in the United Kingdom or any other country in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

The Travelers Group will fully cooperate with any law enforcement authorities or court order requesting or directing the Travelers Group to disclose the identity or locate anyone posting any information in breach of (a) to (d) above.

Products and Services

Please note that none of the information contained in the Websites should be viewed as an offer to sell or as a solicitation to purchase any of our products or services. Rather, the information on our products and services is provided to you so that you can learn what products Travelers generally offers. Insurance coverage statements on the Websites are for general description purposes only. The Websites do not amend, modify or supplement the policies. Furthermore, not all insurance coverages are available in every state or country. Consult the actual policy or send us a message via our Contact Us page for the name of an agent who can supply you with details regarding terms, conditions, coverages, exclusions, products, and services.

Disclaimer

The Travelers Group, any other party (whether or not involved in creating, producing, maintaining or delivering the Websites) and any of the Travelers Group and the officers, directors, employees, shareholders or agents of any of them exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party including without limitation, any direct, indirect, punitive or consequential loss or damage, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption and whether in tort (including without limitation, negligence) contract or otherwise in connection with the Websites in any way or in connection with the use, inability to use, or the results of use of the Websites, any sites linked to the Websites, or the information on such sites, including but not limited to loss or damage due to viruses that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing of the Websites, or your downloading of any information from the Websites or any Websites linked to the sites.

Nothing in these terms and conditions shall exclude or limit the Travelers Group's liability for (i) death or personal injury caused by negligence; (ii) the tort of deceit; or (iii) any liability which cannot be excluded or limited under applicable law.

Professional Advice

The information provided on the Websites is distributed with the understanding that Travelers is not providing professional advice of any type. If you have a question requiring professional advice, such as a question relating to law, tax or financial planning, please seek the advice of a qualified professional in the relevant field.

Enforceability of These Provisions

Should any of these terms and conditions be held invalid, that invalid provision shall be construed to be consistent with the applicable law, and in a manner so as to remain consistent with the original intent. Provisions not otherwise held invalid shall remain in force.

Data Protection

How we treat information about you and your rights under the Data Protection Acts 1988 and 2003

Travelers Insurance Company Ltd may collect certain personal information about our policyholders, including perspective policyholders, or any person connected to policies held by our policyholders, or perspective policyholders, ‘Data Subjects’.

In order to provide insurance cover (an insurance policy) or to pay a claim we need information about:

a) the person and / or property that we are being asked to insure

b) any third-party claimant, i.e. someone making a claim against our customer

c) property – for which repair or replacement costs are being sought under our customer’s insurance policy – belonging to our customer or a third-party

Depending upon the kind of insurance cover we are being asked to provide and the kind of claim we are being asked to pay we will seek different kinds of information. Information about people and property for which we provide insurance cover is sought by us before cover is provided. In the case of an application for insurance this information is kept by us and, with the exception of a legal or regulatory requirement will not be shared with other organisations or companies,. In the case of policies underwritten we may pass information to members of the Travelers group, our reinsurers, professional advisers, loss adjusters or agents for these and other lawful purposes or as required by law, including providing the information to government or regulatory authorities. This may involve its transfer to countries which do not have data protection laws equivalent to those in the EU in which case we shall ensure that the information is appropriately protected. We may also share the information with, and obtain information relating to fraud prevention agencies.

Such personal information may be collected and or used in a number of ways including, but not limited to: -

-The consideration of an application for insurance;

-The underwriting/binding of an insurance policy.

-Conducting our relationship with policyholders and persons associated with such policies , including, but not limited to third party claimants.

-Policy administration.

-Administration of claims.

-Preventing and detecting fraud, including the provision of information to An Garda Siochana and the Revenue Commissioners.

-Providing risk management advice.

Information about claims (whether by our customers or third-parties) made under policies that we provide is collected by us when a claim is made and is placed on an insurance industry database of claims known as Insurance Link. This information may be shared with other insurance companies, self insurers or statutory authorities.

Insurance companies share claims data:

a) to ensure that more than one claim cannot be made for the same personal injury or property damage
b) to check that claims information matches what was provided when insurance cover was taken out
c) and, when required, to act as a basis for investigating claims when our recorded information is incorrect or when we suspect that insurance fraud is being attempted.

The purpose of Insurance Link is to help us identify incorrect information and fraudulent claims and, therefore, to protect customers.

Guidelines for sharing your information with other insurance companies, self-insuring organisations or statutory authorities are contained in the Data Protection Commissioner’s Code of Practice on Data Protection for the Insurance Sector.

Under the Data Protection Acts 1988 and 2003 you have a right to know what information about you and your previous claims is held on Insurance Link. If you wish to exercise this right then please visit Insurance Link

You need to provide us with the right information if we are to provide insurance cover for you or your property.

You need to provide us with the right information if you are making a claim under your own policy or, if you are a third party, a policy held by one of our customers.

For further information or assistance on how the information is used, how we maintain security of the information, and your rights to access information we hold on them, please contact the Compliance Manager at Travelers Insurance Company Limited, Europa House, Harcourt Centre, Harcourt Street, Dublin 2 or see our Privacy Policy at www.travelers.ie.

By providing personal information you agree that all persons to whom the information relates consent to the processing and transfer of information described in this notice. You also confirm that you have taken all necessary steps to inform them of disclosure of information to us for the purposes described above.

Marketing Consents

By using the Websites, you consent to the Travelers Group processing your personal data for the Travelers Group's own direct marketing purposes. If you do not wish your personal information to be processed by the Travelers Group for direct marketing purposes, you may opt out of such processing by contacting us via our Contact Us page.

Complaints Procedure

If you have a complaint relating to the insurance and you remain dissatisfied, you should write to our Chief Executive Officer at the following address:

Travelers Insurance Company Limited, Europa House, Harcourt Centre, Harcourt Street, Dublin 2.

If you remain unhappy with the way your complaint has been handled, you may refer it to the following organisation:

Office of the Director of Consumer Affairs, 4 Harcourt Road, Dublin 2.
Telephone: 01 402 5500, Facsimile: 01 402 5501

Regulatory Details
Travelers Insurance Company Limited is a company registered in England; Registered number 1034343; Registered Office at Exchequer Court, 33 St. Mary Axe, London, EC3A 8AG. We have a branch registered in Ireland (company number 903382) whose address is at Europa House, Harcourt Centre, Harcourt Street, Dublin 2.

Termination

We will be entitled to immediately terminate your use of the Websites if we consider that you have failed to comply with any of these terms and conditions.

General

Our failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing. You are not entitled to assign all or any of your rights or obligations under these terms and conditions. The section titles in these terms and conditions are solely used for your and our convenience and have no legal or contractual significance.

Governing Law and Jurisdiction

These terms and conditions and any dispute, action, suit, controversy, proceeding or claim of whatever nature arising out of or in any way relating to these terms and conditions ("Proceedings ") shall be governed by and construed in all respects in accordance with the laws of Ireland. It is irrevocably agreed that the Irish Courts are to have jurisdiction to settle any Proceedings which may arise out of or in connection with these terms and conditions or their performance and, accordingly, that any Proceedings so arising may be brought in such Courts. This clause is for the exclusive benefit of Travelers and The Travelers Group and nothing in this clause will limit that party or the parties’ right(s) to take any Proceedings against you in any other Court(s) of competent jurisdiction.