End User Licence Agreement

End-User Licence Agreement for Westfield Mosaic (Web Version)


Westfield Health own all intellectual property in the Application. Westfield Health permits you, as a Permitted User, to use the application only in accordance with the terms of this Agreement. This agreement may be updated from time to time by Westfield Health and on each occasion you login you agree that you are familiar with the latest version. This version was created on 30 March 2007 and supercedes the previously printed version dated (currently there are no previous versions).

1. Definitions

"Application" (i) means all of the contents of the website from the "login screen" onwards located on www.westfieldhealth.com/mosaic; (ii) all related explanatory written materials or files ("Documentation"); and (iii) fonts and graphics;

"Use" or "Using" means to access the Application or results from the use of the functionality of the Application in accordance with the Documentation.

"Permitted User" means a single user provided with a UserID and Password by Westfield Health and authorised to use the Application.

"Acceptable User" means a user with legitimate rights to receive results from the Application. For example, the intended end purchaser of the product or another member of your team assisting with the sale.

"Unauthorised User" means a user who is not a Permitted User or Acceptable User.

"Westfield Health" means Westfield Contributory Health Scheme Limited, a company authorised and regulated by the Financial Services Authority. Registered Office, 60 Charter Row, Sheffield, S1 3FZ.

"You", "Your" is reference to yourself as the Permitted User.

"We", "Us" is reference to Westfield Health.

2. Application Licence

Only a Permitted User may access this Application. We reserve the right to terminate this agreement with no notice to you.

  • 2.1 General Use. You may use this Application for the purpose of providing Healthcare Plan quotes to bone fide clients. For training purposes youare permitted to create a maximum of 2 (two) test company quotes only if you use the company name "TEST QUOTE" followed by your User ID e.g. "TEST QUOTE jbloggs".

  • 2.2 Modification. You may not (or allow any other party to) modify, adapt, translate or create derivative works based upon the Application. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Application.

  • 2.3 Assigning of Rights. You may not assign rights to access or use this Application to any other party, whether part of your organisation or a third party.

  • 2.4 Quotation Documentation. Full quotation documentation is provided. You are entitled to share this information, including any hypertext links provided, with an Acceptable User. You may not alter, amend or change any part of this documentation. A copy is kept on the Westfield Server and any changes made thereof in relation to the document shall render the quote void and shall result in the termination of the Permitted User.

  • 2.5 Indemnity. You agree to hold Westfield Health harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and legal fees) arising out of or relating to any use of, or reliance on, this Application, without limitation.

  • 2.6 Limit of Liability. Under no circumstances will Westfield Health be liable to you, or any other person or entity, for any loss of use, revenue or profit, lost or damaged data, or other commercial or economic loss or for any direct, indirect, incidental, special, statutory, punitive, exemplary or consequential damages whatsoever related to your use or reliance upon the Application, even if advised of the possibility of such damages or if such damages are foreseeable. This limitation shall apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this agreement.

  • 2.7 Service access. The access of Westfield Mosaic on your computer requires certain specifications in relation to third party software. We accept no liability for the consequences of the installation of any third party software onto your machine, irrespective of whether we have advised you to do so. If you are in doubt as to the suitability of software to be downloaded to your machine, it is recommended that you obtain specialist advice at your own expense before downloading.

3. Permitted User

Only Permitted Users may access the Application.In order to become a Permitted User you must be an authorised user employed by an approved intermediary or another person authorised by us and you must register with us. We hold personal details about you in relation to this registration.You agree to comply with the security procedures in this agreement.

You must keep your UserID and password secure in a way that can not be found out either accidentally or deliberately by any person other than you.

You agree that when you have finished your session on Westfield Mosaic that you shall log out. You must not leave your terminal or other device unattended whilst logged into Westfield Mosaic or permit any other person to enter details under your UserID.

You agree to inform us immediately if you know or suspect that your security has been compromised.

4. Transfer

You shall not rent, lease, sublicence, assign or transfer your rights in the Application, or authorise access to all or any portion of the Application to any User except as may be expressly permitted herein.

You shall not permit Unauthorised Users to access or view any part of this Application. Unathorised Users includes, but is not limited to, any insurer or agent of insurer who provide Health Cash Plans.

5. Intellectual Property Ownership, Copyright Protection

The Application is the intellectual property of and are owned by Westfield Health. The structure, organisation and code of the Application are the valuable trade secrets and confidential information of Westfield Health. The Application is protected by law, including without limitation the copyright laws of the United Kingdom and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Application and all rights not expressly granted are reserved by Westfield Health.

6. Changes to Service

The Westfield Mosaic service is provided on an 'as is' basis.  We reserve the right to amend the provision of service when and as we feel necessary, including the removal of part or all of the service, either on a temporary basis or a permanent basis.

We reserve the right revoke your access to the service if we feel it is necessary to protect either your security details or the security of the service.

7. Fees, supplementary terms, changes and termination of the contract or site

The Application is provided free of charge to Permitted Users.

You are liable for any telephone charges and any charges made by your Internet Service Provider as a result of you using the Application. Westfield Mosaic should be available over any standard internet connection.

Westfield may at any time terminate either this Agreement with you or your access to the Application.

8. Privacy

We keep records of access and usage of this site. Details of activity regarding produced quotes are stored against the personal details you have provided to us as a Permitted User.

Westfield may at any time terminate either this Agreement with you or your access to the Application.

9. Governing Law

This Agreement and any documents to be entered into pursuant to it shall be governed by and construed in accordance with the laws of England and Wales and each Party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this Agreement and the documents entered into pursuant to it.

10. General Provisions

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may be modified by an authorised officer of Westfield Health the details of which will be posted on the Westfield Health Website.This is the entire agreement between Westfield Health and you relating to the Application and it supercedes any prior representations, discussions, undertakings, communications or advertising relating to the Application.

If you have any questions regarding this Agreement or if you wish to request any information from Westfield Health please use the address and contact information included within this agreement.

Westfield Health is a trading name of Westfield Contributory Health Scheme Ltd., which is authorised by the Prudential Regulation Authority (PRA) and regulated by the Financial Conduct Authority (FCA) and the Prudential Regulation Authority. Details of registration can be found by accessing the Financial Services Register online at either the PRA or the FCA websites or by contacting the PRA on 020 7601 4878 or the FCA on 0800 111 6768. Our financial services registration number is 202609. Westfield Health is registered and incorporated in England and Wales as a company limited by guarantee. Registered no. 303523. Westfield Health is a registered trademark.