Last updated 23 January 2023
1.1 These terms and conditions of use (Terms) govern your use of our website(s) and insurance marketplace application (collectively our Platform).
1.2 These Terms apply between Nayms SAC Ltd (we, us or our) and the person or corporate entity on whose behalf you are using the Platform (you or your).
1.3 If you are using our Platform on behalf of a corporate entity then by continuing to use our Platform you are confirming that you have authority to accept these Terms on behalf of the corporate entity.
1.4 You should read these Terms carefully before using the Platform. By using the Platform or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Platform immediately.
1.5 These Terms apply to all parts of the Platform, its functionality and content made available to you.
1.6 If there is a conflict between any of the provisions of these Terms and any of the provisions of any other agreement between you and us (Other Agreement(s)), the provisions of the Other Agreements will prevail.
2.1 We are Nayms SAC Ltd, an exempted limited company, registered under the Segregated Accounts Companies Act 2000, and whose registered address is Crawford House, 50 Cedar Avenue, Hamilton HM11 Bermuda, and whose registered number is 55347.
2.2 We hold a Class F licence under the Digital Asset Business Act 2018 and a Class IIGB licence under the Insurance Act 1978.
2.3 If you have any questions about the Platform, please contact us by filling out and submitting the online form available herehttps://nayms.com/contact.
3.1 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Platform.
3.2 You acknowledge that you access the Platform at your own initiative and are responsible for compliance with local laws where they apply.
3.3 As a condition of your use of the Platform, you agree not to:
3.4 We may prevent or suspend your access to the Platform if you do not comply with these Terms or any applicable law.
3.5 We try to make sure that the Platform is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk.
4.1 Use of the insurance marketplace on our Platform requires registration and the creation of an identity (your Profile) in order to access and use restricted areas of the Platform.
4.2 We are not obliged to permit anyone to register with the Platform and we may refuse, terminate or suspend registration to anyone at any time.
4.3 You are responsible for making sure that your password and any other registration details are kept secure and confidential.
4.4 If we have reason to believe there is likely to be a breach of security or misuse of the Platform through your Profile or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your Profile.
5.1 We may suspend or terminate access or operation of the Platform at any time as we see fit.
5.2 While we try to make sure that the Platform is available for your use, we do not promise that the Platform will be available at all times or that your use of the Platform will be uninterrupted.
We may, at our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any part of the Platform.
7.1 The intellectual property rights in the Platform and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Platform (Content) are owned by us and our licensors.
7.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
7.3 Nothing in these Terms grants you any legal rights in the Platform or the Content other than as necessary for you to access and use its functionality. You agree not to adjust, try to circumvent or delete any notices contained on the Platform or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Platform or the Content.
7.4 We will own any feedback, suggestions, ideas, or other information or materials regarding the Platform that you provide (Feedback). You hereby assign to us all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback.
8.1 We will use reasonable efforts to make sure that the Platform is secure.
8.2 Information supplied to us through the Platform may be made available to other users of the Platform where it is necessary for the purpose of providing or receiving services via the Platform.
9.1 Any Content is provided for your general information purposes only and to inform you about us and our products and services that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute:
10.1 Subject to the remainder of this clause 10, our liability under or in connection with these Terms (regardless of whether such liability arises in tort, contract or in any other way or is caused by negligence or misrepresentation) will not exceed the greater of $10,000 or the total fees that you have paid to us in the twelve-month period immediately preceding the event giving rise to your claim for liability.
10.2 We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
10.3 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
10.4 You shall not be entitled to recover any amount under these terms in respect of any claim to the extent that recovery has already been made under any Other Agreement(s) in respect of the same subject matter.
10.5 Without prejudice to any of our obligations under these Terms, you acknowledge that the provision of the Platform by us will not replace the need for you to conduct your own checks and obtain your own approvals in respect of:
11.1 We warrant that we will use reasonable care and skill in the design and operation of the Platform.
11.2 Other than is set out in clause 11.1 and subject to clause 10.3, all warranties, conditions, terms, undertakings or obligations whether express or implied by statute, common law or otherwise and including any implied terms relating to quality, fitness for any particular purpose or ability to achieve a particular result are excluded to the extent permitted by law.
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
13.1 We and you each agree to maintain the confidentiality of the other’s non-public information (whether oral, printed or electronic) that may reasonably be considered to be confidential in nature (Confidential Information) and must not, without the prior written consent of the other, access, disclose, copy, modify, store, or use the Confidential Information (or permit others to do so) other than as necessary for the performance of its express rights and obligations under these Terms or any Other Agreement(s).
13.2 Each of you and us must give written notice to the other of any breach of 13.1 upon becoming aware of the same.
13.3. The provisions of this clause shall not apply to information that:
No one other than us or you has any right to enforce any of these Terms.
16.1 No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with clause 16.2.
16.2 We may vary these Terms from time to time. Our updated Terms will be displayed on the Platform and by continuing to use and access the Platform following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
17.1 You are not allowed to transfer your rights under these Terms to anyone without our prior written consent.
17.2 We may transfer our rights and obligations under these Terms to another business without your consent.
If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
You acknowledge that you have not entered into these Terms in reliance on any representation or warranty that is not expressly set out in these Terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement herein.
21.1 The laws of Bermuda apply to these Terms.
21.2 Any disputes will be subject to the exclusive jurisdiction of the courts of Bermuda.