These supplementary terms and conditions (hereinafter these “Supplementary Terms”) relate to the provision of Thatcham Vehicle Risk Data by LexisNexis Risk Solutions UK Limited (“LNRSUK”) as exclusive distributor for Thatcham Ventures Limited (“Thatcham”) that are supplemental to the Open GI Terms and Conditions for the Supply of Software and Services (including support) and the Open GI General Terms and Conditions (together, the “Agreement”).
In the event of any conflict or inconsistency between the Supplementary Terms and the documents that constitute the Agreement, the following order of priority shall be given:
(i) these Supplementary Terms;
(ii) the Open GI Terms and Conditions for the Supply of Software and Services; and
(iii) the Open GI General Terms and Conditions.
1. Definitions
In these Supplementary Terms the terms and expressions used shall have the same meaning as defined in the Agreement and as set out below:
Applicable Laws means laws, regulations and rules, treaties, legal and regulatory requirements and codes of conduct that govern the provision and use of the services and data products supplied by LNRSUK, including Anti-Bribery Laws, Data Protection Laws and Sanctions Laws that apply to each party from time to time.
Administrative Restricted Attributes means the following restricted attributes in the results of the Vehicle Risk Data (Core ID) or Vehicle Risk Data: ABI Code, Start Date, End Date, Security Category, Number of Seats, Max Payload, Legacy Transmission Code, Legacy Fuel Code.
Administrative Permitted Use means the facilitation of onboarding insurance policies for administrative purposes.
Vehicle Risk Data means the information on a vehicle’s identification, risk categorisation and characterising attributes.
2. Client Obligations
2.1. The Client shall:
2.1.1. use the Administrative Restricted Attributes on single vehicle lookups for the Administrative Permitted Use only;
2.1.2. stop using and securely delete all copies of the Administrative Restricted Attributes and all copies on the termination or expiry of its contract with Open GI for use of the Administrative Restricted Attributes, except that the Client is entitled to retain records that are strictly required for its own regulatory, compliance or legal purposes;
2.1.3. not externally display the vehicle code (e.g., ABI code, group rating or variant code) on screen, on page or in any other form, except for when the vehicle code is being displayed to an end-user client as part of an individual insurance policy proposal, sale or renewal;
2.1.4. not export, directly or indirectly, the Administrative Restrictive Attributes in breach of any Applicable Laws or regulations (including but not limited to the United States export control laws and regulations), to any country for which any government or agency requires an export licence or other governmental approval;
2.1.5. not use the Administrative Restricted Attributes to create a competing product without LNRSUK’s written consent;
2.1.6. agree that all Intellectual Property Rights in and associated with the Administrative Restricted Attributes and Vehicle Risk Data (including metadata created and supplied by Thatcham and associated with the Vehicle Risk Data) are and will remain the property of Thatcham (or its third party licensors as the case maybe), and the Client acquires no rights, title or interest in the Intellectual Property in the Administrative Restricted Attributes or Vehicle Risk Data; and
2.1.7. only use the Administrative Restricted Attributes in accordance with these Supplementary Terms and in accordance with Applicable Laws and will not, nor attempt to:
2.1.7.1. download the Administrative Restricted Attributes;
2.1.7.2. redistribute or resell the Administrative Restricted Attributes to any third party;
2.1.7.3. compare the Administrative Restricted Attributes against a third party’s service to create a product that competed with Vehicle Risk Data (Core ID); and
2.1.7.4. transfer or otherwise disclose or share any of the Administrative Restricted Attributes received to any third party except as set out in clause 2.1.3 of these Supplemental Terms.
3. Exclusion of Liability
3.1. Open GI does not provide any warranty or indemnity and accepts no liability to the Client with respect to the Vehicle Risk Data.
4. Termination
4.1 Open GI shall be entitled to suspend the Client’s access to the Vehicle Risk Data with immediate effect at any time if Open GI reasonably believes that the Client is in breach of these Supplementary Terms.