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Terms of Use

  • 1. Services offered

myAGCS.com allows the Customer to use the services offered by Allianz Global Corporate & Specialty SE ("AGCS") on the AGCS client portal on the Internet athttps://www.myagcs.com, in particular to access their key AGCS insurance data across the various business segments. The current focus of the portal is on Allianz Risk Consulting and International Insurance Solutions (IIS) data (“Customer Data”), myAGCS.com enables the Customer to download this Customer Data to a local computer to be saved and printed out locally pursuant to the terms of this Agreement.

 

  • 2. Rights of use and participants

2.1 Rights of use

  • Rights of use in respect of myAGCS.com are only granted to natural persons acting on behalf of the Customer.
  • If the Customer is a legal entity (e.g. a German limited liability company (GmbH)) or a partnership, it must appoint one or more natural persons to act as the individuals with rights of use (users).

2.2 Participants
Where the term "participant" is used below, this term shall refer to the Customer and the user.

 

  • 3. Revocation of rights of use by the Customer

The Customer is entitled to revoke the rights of use awarded to a user at any time vis-à-vis AGCS. This is necessary, in particular, if the Customer does not wish the user to be able to continue to use myAGCS.com, in particular if a user is no longer employed by the Customer. AGCS assumes no liability for or in connection with the access to Customer Data by a user as long as his rights of use have not been revoked by the Customer.

 

  • 4. Personalized security features

Personalized security features are:

  • Login name
  • User password

 

  • 5. Access to myAGCS.com

The participant is granted access to myAGCS.com and the services offered therein if

  • he/she has entered his/her individual login data (user name and password),
  • the access right check was successful and
  • the user account has not been blocked.

Once the access data has been successfully checked, the participant can use the AGCS services offered in myAGCS.com.

 

  • 6. Duties of care on the part of AGCS and the participant

6.1 myAGCS.com shall be used only pursuant to the existing contractual agreements.

6.2 AGCS Electronic Security measures
The myAGCS.com web application is built using the Allianz Group standards regarding confidentiality, integrity and availability and Customers’ data is protected through the use of current security techniques as well as rigorous third party security testing. AGCS and the Allianz Group shall continue to adopt and maintain electronic security measures for protecting and safeguarding Customer data. Such electronic security measures shall through best efforts prevent unauthorized third parties, including computer hackers, from accessing Customer information through the myAGCS.com portal or website.

6.3 Technical connection to myAGCS.com
The participant is obliged only to establish the technical connection to myAGCS.com using the access channels provided to him/her by AGCS.

6.4 Confidentiality regarding the personalized security features
The participant must treat his/her personalized security features (see item 4) as confidential, protect them from access by other individuals and only enter them via myAGCS.com.

In particular, the following must be borne in mind regarding the protection of the personalized security features:

  • Personalized security features must not be saved electronically (for example, in the Customer's system).
  • Whenever participants enter a personalized security feature, they must take care to ensure that the data cannot be seen by other individuals.
  • Personalized security features must not be entered outside of the separately agreed Internet pages.


6.5 Customer system security

Participants must pay attention to the security information on the website of AGCS and the Allianz companies, in particular the measures to protect the hardware and software used (Customer system).

Despite standard technical precautions having been taken, the software used by the online service cannot guarantee that the online service is free of viruses, in particular Trojan horses or other programs capable of damaging the software, web-crawlers (spiders) and/or hyperlinks (links to third-party websites), in all cases of use. The participant shall run its own virus scanner before, while and after downloading information, software or documentation, and shall perform sufficient virus checks on its own system(s) at regular, appropriate intervals.

When using the online service, the participant undertakes, vis-à-vis AGCS and also for the benefit of third parties who use the online service or have electronic access to it on whatever basis, not to send content containing viruses, in particular Trojan horses or other programs capable of damaging the software, web-crawlers (spiders) and/or hyperlinks to the extent that this can be prevented by taking technical precautions, in particular if these hyperlinks or their content violate confidentiality obligations or are unlawful, contain advertising or unwanted e-mails (spam) and not to transmit data that could cause the software used for the online service to malfunction.

6.6 Instruction of the users
The Customer shall provide the users with the technical and legal instructions required to use myAGCS.com. In particular, it shall inform the users of the obligations it and the users have to fulfill, in particular of the obligations set out in item 6 of this Agreement, and shall ensure adherence to these obligations.

 

  • 7. Disclosure and notification obligations

7.1 Blocking notification
If a participant realizes that his/her personalized security features (see item 4)

  • have been misused or
  • have been used in any other unauthorized manner,

he/she must inform AGCS (blocking notification).

7.2 Suspected cases
Participants also have to submit a blocking notification if they suspect that another unauthorized person

  • has gained knowledge of their personalized security features or
  • is using their personalized security feature.

 

  • 8. Account blocking

8.1
AGCS shall, at the instigation of the participant, in particular in the event of a blocking notification pursuant to item 7.1, block the online access for this participant or all other users.

8.2
AGCS is entitled to block online access for a participant if

  • it is entitled to terminate the online agreement for cause,
  • this is justified for reasons relating to the security of the personalized security features or
  • there are suspicions regarding the unauthorized or fraudulent use of the personalized security features.

8.3
AGCS shall inform the Customer that the account is being blocked in advance where possible, but immediately after the blocking of the account at the latest, specifying the grounds for this decision.

8.4
AGCS shall unblock the account or issue new personalized security features once the reasons for blocking the account cease to apply. It shall inform the Customer accordingly without delay.

 

  • 9. End of the obligation to provide information

The obligation to provide information via myAGCS.com shall end when the termination of the use agreement becomes effective, but at the latest when the underlying business relationship comes to an end.

 

  • 10. Rights to termination

10.1 Termination by the participant
The Customer is entitled to terminate the use agreement for myAGCS.com at any time without observing a notice period. The user is also entitled to terminate the use agreement for myAGCS.com at any time, the consequence being that this user shall no longer be authorized to use the system.

10.2 Termination by AGCS
AGCS is entitled to terminate the use agreement for myAGCS.com at any time without observing a notice period. It only has to issue notice of termination to the Customer; when the termination takes effect, the rights of use granted to the users shall also lapse automatically.

10.3 Other rights to termination
This shall not affect statutory termination rights, termination rights under the general and special terms and conditions of insurance that continue to apply.

 

  • 11. Contractual terms and conditions of AGCS and the Allianz companies

These terms and conditions of use apply in addition to the contractual terms and conditions of Allianz and the Allianz companies with which the Customer has a contractual relationship.

The General Terms of Use regarding the use of the online service of AGCS shall form part of this Agreement in their entirety. The Customer has acknowledged all provisions and declares its consent to them. Any other or contradictory General Terms and Conditions of Business of the Customer shall not apply.

 

  • 12. Copyright

While AGCS agrees that all Customer data is  proprietary to the Customerall content of myAGCS is protected by copyright with all rights reserved. The Customer data  may only be copied and downloaded by the participants and only for the contractually agreed purpose. AGCS, or the service providers commissioned by AGCS to host the online service, shall retain all rights relating to the design and content of myAGCS.com. The reproduction, alteration and other use of myAGCS.com for commercial purposes, in particular dissemination either in return for payment or free of charge, are prohibited.

Subject to the limited rights expressly granted hereunder, AGCS reserves all rights, title and interest in and to all content of myAGCS.com, including all related intellectual property rights. No rights are granted to Customer hereunder other than as expressly set forth herein.

 

  • 13. Trademarks, Service Marks and Logos ("Marks")

The marks appearing in myAGCS.com and/or any other Allianz Group Companies’ websites are the property of AGCS, Allianz SE and / or of those Allianz Group Companies.

 

  • 14. No Warranty

All content of myAGCS.com, including, but not limited to, graphics, text and hyperlinks or references to other sites, is subject to alteration without prior notice and is provided "as is" and without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement and freedom from computer viruses or other harmful components.

AGCS endeavours to ensure that all content provided by myAGCS.com is up-to-date. However, AGCS does not warrant that said information is up-to-date, accurate, adequate, reliable or complete and expressly disclaims any liability for errors or omissions therein. In particular, in case of differences between the information provided on myAGCS.com and the terms and information given in the policy the terms and information of the policy prevail.

AGCS does not warrant that the functions of myAGCS.com will be uninterrupted and/or error-free, that defects will be corrected or that myAGCS.com or the servers that make them available are free from computer viruses or other harmful components.



  • 15. General liability

AGCS is only liable to the extent that it or its vicarious agents are guilty of willful intent or gross negligence. This liability is, however, limited to the damage that can be typically predicted at the time the Agreement is concluded.

AGCS shall not be liable in cases of slight negligence unless AGCS and/or its vicarious agents breach material contractual provisions. In the latter case, however, the assumption of liability by AGCS is excluded for consequential pecuniary damage, indirect damage, in particular consequential damage caused by defects, unforeseeable damage, atypical damage and any loss of profits.

This shall not affect statutory liability in the event of culpable injuries to life, body or health.

If third parties are included in the scope of contractual protection and/or can derive their own rights: this limitation of liability on the whole shall not cease to be valid in the event of liability on the part of AGCS vis-à-vis third parties, irrespective of whether AGCS is solely liable or jointly liable with others and irrespective of the legal grounds for the liability.

This regulation in its entirety covers all contractual and non-contractual claims resulting from the use of myAGCS.com.

 

  • 16. Hyperlinked and Referenced Websites

For your convenience, certain hyperlinks or referenced websites in myAGCS.com may take you to third parties' websites, which generally are recognized by their top level domain name. Their content has not been investigated or analyzed by us, and we do not warrant the adequacy, accuracy, reliability or completeness of any information on hyperlinked or referenced websites and expressly disclaim any liability for any and all of their content.

By accessing myAGCS.com, you also agree to abide by the proprietary guidelines applicable to any website accessed or hyperlinked through myAGCS.com.

AGCS assumes no responsibility for the content of any hyperlinks and does not make any statements in this respect, nor shall AGCS adopt the content of the linked websites as its own. The use of these websites and other third-party websites shall be at the user's own risk. AGCS assumes no liability in this respect.



  • 17. Data Protection

The participant undertakes to adhere to data protection standards and to comply with the relevant statutory data protection provisions. The following applies in particular: if relevant statutory data protection provisions governing the use, transfer and provision of data in electronic form are in place in particular countries, the user undertakes to adhere to such statutory provisions in its relationship with AGCS, too.

AGCS draws the attention of the participant to the fact that the provision of myAGCS.com requires the data to be transmitted via the worldwide web and that this electronic network is generally open to the public, meaning that data can be read, downloaded and saved by third parties. In order to make the data transmitted more difficult for members of the public to read, access and save, and to render this impossible to the extent that is technically possible, the data shall be encrypted before it is transmitted. Despite the use of standard encryption techniques and the other necessary data security measures, AGCS cannot guarantee that third parties will be unable to decrypt the data.

 

  • 18. Local Legal Restrictions

myAGCS.com is not intended for any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) the publication or availability of myAGCS.com is prohibited. Persons to whom such prohibitions apply may not access myAGCS.com.

 

  • 19. Reservation of Rights

We reserve the right to change, modify, add to, or remove portions of these terms of use at any time. We shall inform the client before any changes which are not merely of an editorial nature.

 

  • 20. Governing Law, Jurisdiction, Severability

These Terms of Use shall be governed by and construed in accordance with the laws of Germany. Any action arising out of these terms or this website shall be litigated in, and only in, courts located in Munich, Germany, and you agree to submit to the exclusive jurisdiction of those courts and further agree that they are a convenient forum for you. In the event that any provision of these terms is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes close to the intention underlying the unenforceable provision.