DUAL Platform Terms of Use

Please read these Terms of Use carefully. By using the Portal, you are deemed to have accepted these Terms of Use. If you do not agree to these terms of use, please refrain from accessing or using the Portal.

1.    Definitions

(“DUAL”, “we”, “us”, “our”) means DUAL Europe GmbH or any other legal entity within the DUAL Group that is duly authorised to carry out insurance distribution activities within the territory, as may be identified from time to time in connection with your use of the Portal.
“Broker” means an insurance intermediary that is duly authorised and regulated to carry out insurance distribution activities in the territory and that has been approved by DUAL and granted a valid account to access and use the Portal.
“Client” means the person or entity on whose behalf insurance is procured or arranged via the Portal.
“Policy” means any contract of insurance entered into through the Portal.
“Portal” means the DUAL online platform through which insurance products are quoted, managed and bound.
“Terms of Use” means these terms governing access to and use of the Portal.
Any references to ‘you’ or ‘your’ in these Terms should be read to mean the Broker and/or its Clients.

2.    Terms and Accounts

By submitting information to us in an electronic format, you agree that you are a person authorised to do so on behalf of the Client and that you have read, understood and accepted these Terms of Use.
You may be required to create an account in order to access and use the Portal.
You agree to:
•    provide accurate, complete and up-to-date information when creating your account;
•    maintain and promptly update your account information; and
•    ensure that access to the Portal is limited to authorised personnel only.
You are responsible for maintaining the confidentiality of your login credentials, including usernames and passwords, and for all activities carried out under your account. Where the account is issued to an employee or other representative of a legal entity, that legal entity shall be responsible for ensuring compliance with these obligations and for all activity undertaken through such accounts
You must notify us immediately upon becoming aware of any actual or suspected unauthorised access to or use of your account and you agree to cooperate with us in responding to and mitigating any such incident. We may suspend or restrict access to the account where we consider it necessary for security purposes.

3.    Platform Use 

You agree to use the Portal only for lawful purposes and in accordance with these Terms of Use.
You must not:
•    use the Portal in any way that breaches applicable laws or regulations;
•    use automated systems (including bots, scripts or scraping tools) to access or extract data;
•    attempt to reverse engineer, duplicate or exploit any part of the Portal;
•    use the Portal in a manner that could damage, disable or impair its functionality; 
•    use the Portal for any purpose other than placing and managing insurance business in accordance with these Terms of Use;
•    attempt to gain unauthorised access to the Portal, its servers or connected systems;
•    interfere with, disrupt or compromise the security, integrity or performance of the Portal; or
•    test the vulnerability of the Portal without our prior written consent.
The Portal may only be used for the placement and administration of insurance business in accordance with these Terms of Use.

4.    Broker Responsibilities

Where you access the Portal as a Broker, you represent and warrant that you:
•    are duly authorised and regulated to conduct insurance distribution activities in the territory;
•    act in accordance with all applicable legal and regulatory requirements;
•    have obtained all consents, authorities, and instructions necessary from your clients to submit applications and provide information to us; 
•    implement appropriate technical and organisational security measures to ensure that your use of the Portal does not expose DUAL or any third party to cybersecurity risks; and
•    are responsible for assessing, in accordance with applicable regulatory requirements, whether DUAL insurance product meets your client’s demands and needs. 
Upon our reasonable request, you must promptly provide any records, data, or other information required for audit, compliance, or regulatory purposes. We reserve the right to audit, inspect, or monitor your access to and use of the Portal, acting reasonably, to verify your compliance with these Terms of Use and all applicable laws. You agree to provide all assistance and cooperation reasonably required in connection with any such audit or review.

5.    Quotes and Binding

The purpose of the Portal is to facilitate the efficient placement and binding of insurance business.
Before you enter into an insurance contract with us, you have a duty of fair presentation of the risk in accordance with applicable insurance contract law. 
You must disclose anything you know, or could reasonably be expected to know, that may affect our decision to insure and on what terms. This duty applies until we agree to insure you and also before renewal, variation or reinstatement. 
All answers you provide must be complete, accurate and not misleading, including in relation to any person to be insured. Failure to provide correct information or to disclose material facts may result in the reduction of any claim payment, the cancellation of the policy, or other remedies available to insurers under applicable law. In cases of fraud or deliberate misrepresentation, the policy may be void from inception as if it had never existed.
For certain insurance products, pre-contractual information, including the Insurance Product Information Document (IPID), will be provided in accordance with the Insurance Distribution Directive.
Prior to binding a risk, you will be provided with a non-binding quotation based on the information and answers provided. You must review the quotation carefully and confirm that all details are complete, accurate and correct.
Before binding cover, you must ensure that you and the Client have reviewed the policy wording, endorsements, conditions, limitations and exclusions and that your Client understands the cover being purchased.

6.    Privacy 

At DUAL we are committed to protecting your privacy and complying with Regulation (EU) 2016/679 (“GDPR”). If you provide us with information about someone else, you must ensure you are entitled  to do so and provide them with the appropriate privacy notices. We do not trade, rent or sell your information. 
Our Privacy Policy contains more information about how to access and correct the information we hold and how to make a privacy related complaint, including how we will deal with it. Access it via our website using the following link: 
https://www.dualinsurance.com/se-en/privacy-and-data-protection-policy 

7.    Intellectual Property

DUAL (or its Group companies or licensors) own the copyright and all intellectual property rights existing on or within this Portal (including, but not limited to, software, database rights, trademarks, registered and unregistered trademarks, service marks and logos). 
Nothing in the Portal shall confer on any person any licence or right with respect to any such intellectual property. 
The images, logos and names on the Portal which identify DUAL or a provider of products or services are the proprietary marks of the relevant party. 
DUAL names may not be used in any way, including in advertising or publicity, without prior written consent.
You must not use the Portal, or any data or materials obtained through it, to develop, support, or provide any product or service that competes, directly or indirectly, with the Portal or any services offered by DUAL. 
You agree to indemnify and keep indemnified DUAL, its officers, directors, agents, licensors, successors and assigns against all liabilities, claims, losses, costs, damage and expenses including legal fees incurred by DUAL arising from your breach of this section.

8.    Liability & Indemnities

All warranties, conditions, representations and terms, whether express or implied by statute, common law or otherwise, with respect to this Portal and its content, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms of Use to the extent that they may be excluded as a matter of law. 
Further, DUAL does not warrant that the Portal will be uninterrupted or error free or that any defects will be corrected. 
To the fullest extent permitted by law DUAL shall not be liable (whether in contract or tort, including negligence or breach of duty, or otherwise) for any damage, loss or liability sustained or arising out of or in connection with your use of this Portal.
DUAL shall not be liable for your reliance on or your inability to use the information contained on this Portal; or any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, worm, trojan horse, or system failure, unavailability or suspension to this Portal, including, without limitation, loss of profits, loss of income, loss of anticipated savings, loss of revenues, loss of data, loss of goodwill or loss of contracts or business (whether direct or indirect) nor for any indirect, economic, consequential or special loss resulting from whatever cause.
DUAL will not be responsible for any breach of these Terms of Use caused by circumstances beyond its reasonable control.
Nothing in these terms of use shall exclude DUAL’s liability for death or personal injury resulting from DUAL’s negligence.
You shall be liable for and shall indemnify DUAL and/or its subsidiaries, officers, directors, agents, licensors, successors and assigns from and against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) arising out of or in connection with your breach of these Terms of Use.
Subject to the above, DUAL’s total aggregate liability arising out of or in connection with the use of the Portal shall not exceed the total service fees paid by you to DUAL in the 12 months preceding the event giving rise to the claim.

9.    Compliance 

You represent and warrant that neither you nor your Client are subject to any applicable economic or trade sanctions. 
You must not use the Portal to place or facilitate insurance business that would result in a breach of any applicable sanctions laws or regulations, including those of the European Union, United Kingdom, United Nations or any other applicable jurisdiction. 
We reserve the right to decline, suspend or terminate any transaction or access where we reasonably believe it may breach applicable sanctions. 
You agree to comply with all applicable anti-money laundering, counter-terrorist financing and financial crime laws and regulations. 
You must not use the Portal in connection with any unlawful, fraudulent or criminal activity, including money laundering or fraud. 
We may monitor transactions and report suspicious activity to relevant authorities in accordance with applicable laws. 

10.    Third-Party Services

The Portal may contain links to, or integrations with, third-party systems or services. 
We do not control and are not responsible for the content, availability or performance of such third-party services. Your use of such services is subject to their respective terms and conditions. 
We accept no liability for any loss or damage arising from your use of third-party services.

11.    Termination & Availability

We reserve the right to suspend, restrict or terminate your access to the Portal at any time where we reasonably believe that your account has been compromised or used in breach of these Terms of Use.
We do not guarantee that access to this Portal will be uninterrupted, timely or secure, or that it will always operate as intended, and we accept no responsibility in that regard (to the extent permitted by law).
Your access to this Portal may be terminated at any time, without notice, for whatever reason.
We will take reasonable steps to provide a safe and reliable service, but there are some risks with using the internet.
We do not guarantee that the website will be free from viruses and accept no responsibility for harmful code introduced to your system (to the extent permitted by law).
We may decide not to authorise or settle any transaction that you submit to us if we believe that the transaction is in violation of these Terms of Use or exposes parties to harm, including fraud or criminal acts. 
If we reasonably suspect that your account has been used for an unauthorised, illegal or criminal purpose, we may share information with law enforcement authorities.

12.    General Provisions

We may update these Terms of Use from time to time. Please review them periodically, as any changes will apply to your continued use of the Portal. If any of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which such terms of use are intended to be effective, then to the extent of such illegality, invalidity or unenforceability, in relation to such state or country only, such terms of use shall be deleted and severed from these Terms of Use and shall be replaced by the respective statutory provisions. The remaining Terms of Use shall survive in full force and effect. 
If DUAL fails at any time to insist upon strict performance of any of your obligations under these Portal Terms of Use, or if DUAL fails to exercise any of their rights or remedies to which they are entitled under these Portal Terms of Use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
The Portal is not subject to the European Accessibility Act (Directive (EU) 2019/882) because it is provided exclusively as a business‑to‑business service and does not constitute a consumer-facing product or service within the scope of the Directive.
If you have any enquiries or would like to provide feedback, please contact us through your usual means of communication. For assistance in using the Portal or for any general queries, please use your standard DUAL contact channels.