This publication is available exclusively to Munich Re clients. Please contact your Client Manager.
Munich Reinsurance Company of Munich, Germany, (hereinafter
referred to as "Munich Re") is offering the internet platform
"Munich Re Touch" as a free-of-charge service.
The "Munich Re Touch" internet platform (hereinafter referred to simply as "Munich Re Touch") is an information platform intended especially for persons (hereinafter referred to as "users") from the insurance industry who are interested in risk reports and other insurance-related information. In addition to its own content, Munich Re Touch also presents content prepared by third parties (hereinafter referred to as "third-party content").
Munich Re Touch is intended to make information from the insurance industry available to users and provide content that might be of advantage to individual users in evaluating and assessing risks. It is not intended that Munich Re Touch should take the place of a user's own judgement or experience, particularly regarding the analysis and assessment of loss and/or insurance risks. As mere services, the content of Munich Re Touch also constitutes no recommendations or terms and conditions from Munich Re for business transactions of a user or with users.
Munich Re grants certain users online access to this portal via the internet. In order to utilise these services, a user need only register and accept these terms and conditions of use. As soon as a user has accepted these terms and conditions of use, he/she may access Munich Re Touch in accordance with the following terms and conditions of use:
1.1 Munich Re offers access to Munich Re Touch and its various
contents only within the framework of its operational availability.
Munich Re has the right at its own discretion and without prior
notification to restrict access to Munich Re Touch partially or
fully and to use, process and modify any contents at any time.
1.2 Access to and the use of certain contents (such as tools) on Munich Re Touch may require the conclusion of further agreements.
1.3 These terms and conditions of use shall not apply to the staff of the reinsurance companies of the Munich Re Group.
A user can gain access to and use Munich Re Touch by registering one time on the internet homepage of Munich Re Touch and accepting these terms and conditions of use.
3.1 Munich Re grants the user a non-exclusive and
non-transferrable right to use Munich Re Touch and its various
contents for his/her own purposes for the period of his/her use
thereof, subject to these terms and conditions of use. Munich Re
has the right to specify, modify and/or delete the contents of
Munich Re Touch at its own discretion.
The rights to certain software made available for downloading on Munich Re Touch will also be granted only for the period during which the user makes use of Munich Re Touch and may be revoked at any time.
In the relationship between Munich Re and the user, all industrial property rights (e.g. copyrights, trademarks and database rights) in connection with Munich Re Touch shall belong to Munich Re except in cases where an express agreement to some other effect has been concluded.
3.2 The user is permitted to use Munich Re Touch only to the extent that its use is permitted, beyond the scope of Section 9.4, by the laws governing the location of use and/or the user's location (hereinafter referred to conjointly as "local law").
Rights in accordance with these terms and conditions of use will not be granted to the user unless these terms and conditions of use are fully valid under local law. If this is not the case, the user shall notify Munich Re in writing. If any provision of these terms and conditions of use infringes against local law, Munich Re shall have the right to block the user's access to Munich Re Touch at any time and to exclude the user from further use thereof.
3.3 Munich Re shall have the right to store at its premises and for an indefinite period the contents of the user's communications in Munich Re Touch, except in cases where this would be an unreasonable expectation vis-à-vis the user. Should the user have rights to such contents, he/she shall be responsible for storing and backing up these contents separately.
3.4 The user herewith grants Munich Re the right to store, analyse and use his/her user profile for internal purposes.
4.1 The user shall ensure that Munich Re Touch contents are not
used by third parties in connection with insurance issues. Users
who make use of Munich Re Touch content in connection with
insurance issues are obligated to check on their own responsibility
the relevant contents of Munich Re Touch.
4.2 Even if users make use of Munich Re Touch content for other purposes, they are obligated to check on their own responsibility the relevant contents of Munich Re Touch.
5.1 Munich Re excludes all liability and claims based on defects
for Munich Re Touch and for the completeness and correctness of the
content contained in or accessible through Munich Re Touch.
This exclusion does not apply to claims based on defects in the event that Munich Re fraudulently conceals a defect. Moreover, this exclusion does not apply to wilful acts, gross negligence or injuries to life, body and health, or within the framework of assumed warranties or liability as stipulated in the German Product Liability Act.
The above exceptions shall not limit the user's obligation and responsibility for analyses, assessments and decisions, particularly in connection with insurance issues. In cases involving gross negligence, claims to liability shall be limited to typical damages which were discernible as such for Munich Re at the time this contract was concluded.
5.2 With regard to third-party content, Munich Re merely provides access to or stores such content for users. Munich Re is not responsible for such content; liability for this content is limited according to the provisions of law and at least as stipulated in Section 6.1.
5.3 Munich Re shall not be liable for any use of Munich Re Touch which contradicts Section 4.1. Nor shall Munich Re be liable for results which the user obtains by using Munich Re Touch and/or its content, or for the further use of such results. Liability for damages resulting from the use of content made available on a test basis for operational purposes is excluded. Munich Re shall be liable neither for mediate nor for more remote consequential damages, nor for unrealised savings, lost profit or other purely financial losses. This paragraph shall also apply to third-party content (Section 5.2).
Section 5.3 shall not apply to wilful acts, within the framework of assumed warranties or to liability as stipulated in the German Product Liability Act.
5.4 The user shall ensure that his/her use of Munich Re Touch does not result in any illegal or improper use of Munich Re Touch. The user shall be liable for content generated by means of the user's dial-up data. At Munich Re's request, the user shall hold Munich Re harmless against third-party claims in this connection.
6.1 The user can make use of Munich Re Touch as soon as he/she
has registered with Munich Re Touch and accepted these terms and
conditions of use. This use is in principle of unlimited term.
6.2 Munich Re shall have the right to cease providing Munich Re Touch free-of-charge at any time. Moreover, Munich Re shall be entitled to make the use of Munich Re Touch subject to stricter requirements at any time.
6.3 Munich Re shall have the right to exclude the user from further use of Munich Re Touch for material reasons.
6.4 The user has the right to cease using the services of Munich Re Touch and to remove his/her registration from Munich Re Touch at any time.
7.1 The user shall make use of Munich Re Touch, particularly the
contents retrievable via Munich Re Touch, results, experiences,
documents, access information, information on the registration and
all other information in connection with Munich Re Touch
(collectively "confidential information") solely for the proper use
of Munich Re Touch in accordance with these terms and conditions of
use and shall treat this information as confidential. The user
shall in particular neither make it possible for nor permit third
parties to gain knowledge of confidential information. Companies
belonging to the user's corporate group shall not be deemed third
parties in the meaning of this section, provided Munich Re also
grants them access to Munich Re Touch via their staff members.
Paragraph 1 shall not apply in cases where confidential information is or becomes known to the general public without the user, its personnel or its representatives being involved. Paragraph 1 shall also not apply to the user's personal communications with third parties, provided the purpose of the communications requires that individual pieces of information be passed along to third parties.
7.2 The user's obligation to maintain confidentiality shall remain in effect even if the user ceases to use Munich Re Touch.
8.1 Munich Re shall adhere to the data-protection and
data-security laws and regulations governing its place of domicile.
The user shall be responsible for adhering to the data-protection
laws and regulations to which he/she is subject. At Munich Re's
request, the user shall hold Munich Re harmless against purported
and/or real third-party claims connected with non-compliance with
these laws and regulations. The user's obligations shall remain in
effect even if the user ceases to use Munich Re Touch.
8.2 The user is aware of the risks involved in transmitting unencrypted content through the internet. Munich Re may at its own discretion introduce appropriate encryption mechanisms and procedures, the use of which may then be a prerequisite for accessing Munich Re Touch.
8.3 The user shall ensure that up-to-date protection measures against viruses (virus protection programs, firewall, etc.) are in place and active for all electronic communication via the user's account.
8.4 In order to make possible the technical operation and use of Munich Re Touch and to provide access thereto, Munich Re collects, processes and uses users' personal data within a reasonable scope. Personal data which the user provides to Munich Re in the course of registering for Munich Re Touch will be collected, processed and used to justify, elaborate the content of or modify the legal relationship with the user. This shall also apply after these data have been modified or the user has entered further personal data in his/her "user profile" in Munich Re Touch.
When users visit Munich Re Touch, anonymised data on their use of Munich Re Touch (such as date, time of day, pages examined, navigation, software used, and the like) will be recorded by an external service provider commissioned by Munich Re. The data are anonymised prior to being stored by the service provider. Cookies are used to retrace usage behaviour in anonymised form. These anonymised usage data will be collected, processed and used only in order to design Munich Re Touch to meet the needs of its users. Cookies are also used for technical reasons, but not to collect any personal information about you.
Data entered by users in Munich Re Touch will be processed and used only for the intended purpose. Munich Re reserves the right to place users' contributions to discussion forums in the respective forums under the respective users' names. Granted consent, e.g. to receive newsletters, can be viewed and revoked at any time by users.
Technical support for users in connection with Munich Re Touch may be provided by third parties. For the purpose of providing users with technical support for Munich Re Touch, Munich Re shall have the right to forward or make the data which users provide when using such support services (for example the form for technical support) available to third parties. These data shall be processed and used by the third parties only for this purpose.
Users can have information on Munich Re Touch's data protection displayed at any time by clicking "Notes on data protection".
9.1 The user shall not transfer any rights or obligations
arising from this agreement to a third party without the prior
written consent of Munich Re. This shall not apply to pecuniary
claims lodged by the user.
9.2 Amendments and supplements to these terms and conditions of use must be made in writing in order to be valid. This shall also apply to this provision. Munich Re has the right to amend these terms and conditions of use unilaterally as it deems appropriate. Users shall be informed of any amendments to these terms and conditions of use at their next visit to Munich Re Touch. Only after accepting such amendments will users be allowed to continue using Munich Re Touch.
9.3 Should one or more provisions of these terms and conditions of use be deemed legally invalid, this defect shall not impair the validity of the remaining provisions. Munich Re and the user undertake to replace each invalid provision with a valid provision that approximates as closely as possible the intended purpose of the invalid provision. This shall also apply to any omission of necessary provisions in these terms and conditions of use.
9.4 The registered seat of Munich Re shall be the place of performance for the services provided by Munich Re in connection with the use of Munich Re Touch. The exclusive jurisdiction for any disputes arising in connection with the use of Munich Re Touch shall be Munich, Germany; this shall not affect exclusive jurisdictions prescribed by law.
9.5 All agreements in connection with Munich Re Touch shall be subject to the laws of Germany governing domestic transactions. The Vienna UN Convention on Contracts for the International Sale of Goods shall not be applicable.
Aktiengesellschaft in München
Chairman of the Board of Management: Dr. Nikolaus von Bomhard
Commercial Register Munich, No. HRB 42039
VAT ID: DE 129274139
Status: 7 December 2011
This publication is available exclusively to Munich Re clients. Please contact your Client Manager.