Entry into force: May 9th, 2022
These general terms and conditions of use shall apply without restriction nor reserve to all the services proposed by Bifrost on the website https://www.bifrost.re (hereafter "the Application").
The Application is a tool for insurers, reinsurance brokers and reinsurers (hereinafter the "Users") allowing decision support and optimization of the process relating to the placement of reinsurance risks.
The purpose of these general terms and conditions is to define the terms and conditions of use of the Services as well as to define the rights and obligations of the various parties within this context.
These general terms and conditions can be accessed and printed at any moment from a direct link on the Application.
They may be subject to certain additional terms and conditions specific to certain Services. The latter are hereby incorporated into the general terms and conditions. In the case of any inconsistency, the latter shall prevail.
These general terms and conditions will prevail over any other general or specific terms and conditions not expressly approved by Bifrost.
The Application and the Services are managed by the company Bifrost, a French simplified joint stock company (“Société par Actions Simplifiée”) registered under number 893 727 883 with the Registry of Trade and Companies of Nanterre, whose head office is located at 65 rue de la Croix – 92200 Nanterre.
Bifrost can be contacted, including for any claim, through any of the following channels:
Street Address: 65 Rue de la Croix – 92000 Nanterre
Email address: firstname.lastname@example.org
The Application and the Services can be accessed by:
Any person having the full legal capacity to be bound by these general terms and conditions. Any person who does not have such full legal capacity may only access the Application and the Services with the agreement of their legal representative.
Any entity acting through a person having full legal capacity to contract for and on behalf of the entity.
The Application and the Services are designed and meant for professional use, so that they are intended exclusively for professionals within their activity.
4.1. These general terms and conditions can be accepted by checking a checkbox in the login area of the Application.
4.2. Acceptance of these general terms and conditions can only be full and complete. Any qualified acceptance is considered as null and void. Users who do not accept to be bound by the general terms and conditions of use must not access the Application or use the Services.
5.1. In order to use the Services, User must provide on the Application the login details communicated by Bifrost.
User has an account (hereinafter the « Account »), giving access to their own personal space (hereinafter referred to as the "Personal Space") which shall enable them to use the Services in a format and according to the technical means that Bifrost deems the most appropriate for providing the said Services.
Users guarantee that all information they provide to Bifrost is exact, up to date and sincere and is in no way misleading or dishonest.
They agree to update this information in their Personal Space in the event that any of it should change in order to continuously meet the above-mentioned criteria.
Users are hereby informed and accept that the information provided by them for the creation or update of their Account is valid as proof of their identity. Details entered by Users shall be binding upon confirmation.
Users can access their Personal Space by logging in to the Application using their connection ID and their password.Users agree to use the Services themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences.
Users are also responsible for keeping their connection ID and password confidential, as any access to the Application with these ID and password are deemed to be made by them. Users must contact Bifrost immediately through any of the channels mentioned in Article 2 of these general terms and conditions, if they notice that their Account has been used without their knowledge. Users acknowledge Bifrost’s right to take all measures it deems appropriate in a case such as this.
The Services are accessible by the Users for an indefinite period, corresponding to the duration of the license agreement concluded between Bifrost and its client.
Users expressly acknowledge and accept that:
(i) Data collected on Bifrost’s Application and its computer equipment attest to the reality of the operations performed in the context of this agreement,
(ii) This data is the main means of acceptable proof between the parties.
Users can access this data in their Personal Space.
Without prejudice to other obligations provided for in this agreement, Users undertake to respect the following obligations.
8.1. Users agree, in their use of the Services, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.
8.2. Users acknowledge having read on the Application and understood the characteristics and constraints, technical in particular, of the entire range of Services. Each User is solely responsible for their use of the Services.
8.3. The User is solely responsible for his use of the Services and in particular for the relationships that he may establish with Users (insurer, reinsurer, broker) and for the information that he communicates to them in the context of the Services. It is the User's responsibility to exercise appropriate caution and discernment in these relationships and communications. The User also undertakes to respect the usual rules of politeness and courtesy in his exchanges with other Users.
8.4. Users undertake to use the Services themselves personally. They shall not transfer, sublicense, delegate or assign all or part of their rights or obligations under the present general terms and conditions to any third party, in any way.
8.5. Each User is solely responsible for the contents of whatever nature (editorial, graphic, audio, audiovisual or otherwise, including the name and / or image chosen by the User to identify themselves on the Application), that they broadcast or publicize within the framework of the Services (hereinafter referred to as the "Content").
Each User guarantees Bifrost that the former has all the necessary rights and authorizations for the publication of this Content.
Users agree that this Content is legal, does not disrupt public order, is not contrary to accepted standards of public decency, does not infringe any third-party rights or legal provision and / or regulation, and, more generally, is in no way likely to bring the civil or criminal liability of Bifrost into play.
Users therefore agree to refrain from publishing, in particular, but not limited to:
Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, slanderous, or of a violent, racist, xenophobic or revisionist nature,
Counterfeit Content, Content that is detrimental to the image of any third party,
Content that is false, misleading or proposing or promoting unlawful, fraudulent or misleading activities,
Content that could harm a third party's computer system (such as viruses, worms, Trojan horses, etc.),
And, more generally, any Content that is likely to infringe on the rights of others or cause harm to others in any manner or form.
8.6. The liability of Bifrost is exclusively limited to the technical provision of the Application and it is reminded that it does not exercise any control or moderation on the negotiation of reinsurance contracts that may be signed between the Users (brokers / insurers and reinsurers). Thus, the Services constitute only a decision support for the benefit of the User, the liability of Bifrost could not be engaged in connection with the content of the reinsurance contract or on the prices exchanged between the Users through the Application. The Users are personally responsible for the information exchanged between them through the Application.
8.7. User is informed and accepts that the implementation of the Services requires that he is connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible. In this respect, the User acknowledges that access to the Application depends in particular on the Internet browser used and that it is recommended to use a recent browser such as Chrome, Mozilla Firefox, Microsoft Edge etc. Otherwise, access to the Application and Services may be reduced or impossible.
Each User agrees to defend, indemnify and hold Bifrost harmless from and against any claims, demands, actions and/or grievances whatsoever, that Bifrost could incur as a result of a breach by the User in question of any one of its obligations or guarantees under these general terms and conditions.
Users agree to compensate Bifrost for any prejudice that the latter could be subject to, and to pay any costs, liabilities, charges and / or convictions that the latter could incur, as a result of such a breach.
It is strictly prohibited to use the Services to the following ends:
Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others,
Violating public order or any local policy or laws, Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party's computer system, violating its integrity or its security,
Sending unsolicited emails and / or prospecting or commercial solicitation,
Tampering with the aim to improve referencing of another site,
Using the Application for the release of information or links to third party websites,
Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above,
And more generally, any action that uses the Services for any other purpose than that for which they were designed. Users are strictly prohibited from copying and / or using for their own purposes or those of a third party, the concept, technology, or any other component of Bifrost’s Application.
The following is also strictly prohibited:
(i) any behavior that would interrupt, suspend, slow down or prevent continuity of the Services,
(ii) any hacking or attempts to hack into Bifrost’s IT systems,
(iii) any hijacking of the Application’s system resources,
(iv) any acts that would place a disproportionate load on the Application’s infrastructure,
(v) any attempts to breach the Application’s security and authentication structures,
(vi) any acts that could infringe on the rights and financial, commercial and moral interests of Bifrost or of the Users of its Application and finally, more generally,
(vii) any breach of these general terms and conditions.It is strictly prohibited to make money from, sell or concede all or part of one's access to the Services or to the Application or to the information that is hosted and / or shared on the Application.
In the event of a breach by a User of any of the provisions of these general terms and conditions or more generally, of any infringement by the former of any laws and regulations in force, Bifrost reserves the right to take any measures it deems appropriate and in particular:
to suspend access to the Services for any User who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement,
to delete all content placed by the latter online on the Application,
to publish on the Application any related informational message that Bifrost deems useful,
to inform any relevant authorities,
to commence and prosecute any legal proceedings.
12.1. Bifrost agrees to provide the Services with diligence and in compliance with trade practice, specifying that it has an obligation to provide due care, but this without any obligation of result, and this is expressly acknowledged and agreed by Users.
12.2. Bifrost has no knowledge of Content posted online by Users within the context of the Services, and shall not moderate, select, check or monitor in any way this Content, with regard to which Bifrost only intervenes within the role of hosting provider.
Consequently, Bifrost cannot be held liable for Content whose authors are third parties, and any potential claims should be made firstly to the author of the Content in question.
12.3. Bifrost provides Users with technical tools and means enabling them to interact in order to exchange information and start a negotiation process. Bifrost’s liability is limited to the provision of these means.
Bifrost acts in its own name and does not execute any legal act in the name of or on behalf of Users, who establish contracts directly between themselves.
12.4. Bifrost agrees to regularly check that the Application is operational and can be accessed. To this end, Bifrost reserves the right to interrupt access to the Application momentarily for maintenance purposes. In the same way, Bifrost shall not be held liable if the Application is ever momentarily difficult (or impossible) to access, the causes of these circumstances being outside Bifrost’s control, force majeure, or due to any disruption in the telecommunications network.
12.5. In any event, any liability that could be incurred by Bifrost within the framework of this agreement is expressly and solely limited to direct actual damages suffered by Users.
The systems, software, structures, infrastructures, databases, and content (text, images, graphics, music, logos, trademarks, databases, etc.) used by Bifrost on the Application, are protected by all intellectual property rights, or rights for the creators of databases, in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any these items, without Bifrost’s authorization, is strictly prohibited and could lead to prosecution.
Users acknowledge and accept that through placing Content on the Application, they voluntarily and freely show their intention to participate to a negotiation process with Users, duly authorized to access to such information. For this purpose and in order to implement the Services:
Users agree to their Content being published free of charge by Bifrost, on the Application,
They acknowledge and agree that the Content may be subject to modifications especially concerning its scaling, format and color, as well as to alteration or deterioration of its quality depending on the technical constraints of the Application,
They renounce claiming any type of payment, fee, royalty, indemnity or financial compensation from Bifrost in this respect.
Bifrost may insert advertising or promotional messages on any page of the Application or in any communication sent to Users, in a format and according to the conditions, that Bifrost solely deems appropriate.
Bifrost can in no way be held liable for the technical availability or unavailability of Internet sites or mobile applications operated by third parties (including its potential partners) which Users would access through links on the Application.
Bifrost shall not be liable for content, advertisements, products and / or services available on such third-party sites or mobile applications and Users are hereby reminded that these sites are governed by their own terms and conditions of use.
Bifrost shall not be liable for any transactions conducted between Users and any advertisers, professionals or salespersons (including its potential partners) to which Users may be oriented through the Application and shall not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and / or services, guarantees, declarations or any other obligations whatsoever to which these thirds parties may be bound.
Under no circumstances can the parties be held responsible for failures or delays in the execution of these General Terms and Conditions due to one of the force majeure event as defined by article 1218 of the French Civil Code and recognized by jurisprudence, as well as, in any case, all acts of strike, terrorism and epidemic.
The occurrence of a force majeure event suspends the execution of these General Terms and Conditions as soon as one of the parties receives the information transmitted by registered letter with acknowledgement of receipt by the other party.
If a force majeure event preventing a party from fulfilling its obligations continues beyond a period of 30 (thirty) days, the General Terms and Conditions may be terminated immediately, without legal formalities, by either party, by any written means, without either party having to pay any compensation to the other.
Bifrost reserves the right to amend these general terms and conditions at any time.
Users shall be informed of these amendments through any pertinent channel.
Users who continue to use the Services after the entry into force of the amended terms and conditions shall be deemed to have accepted these amendments.
These general terms and Conditions are governed by French law.