Insurance Policy

This is an extract of the small print that forms part of the Employers and Public Liability Insurance that Freegle currently holds (Insurance).

GENERAL CONDITIONS

APPLICABLE TO ALL SECTIONS UNDER THIS INSURANCE

1. INTERPRETATION
Any phrase or word in this Insurance and the Schedule will be interpreted in accordance with the law of England

This Insurance and the Schedule shall be read together as one contract and any word or expression to which a specific meaning has been attached in any part of this Insurance or the Schedule shall bear such specific meaning wherever it may appear

2. INSURANCE VOIDABLE
This Insurance shall be voidable in the event of misrepresentation, mis-description or non-disclosure in any material particular.

3. ALTERATION
This Insurance shall be avoided with respect to any part thereof in regard to which there be any alteration after the commencement of this Insurance:-

(a) by removal; or
(b) whereby the risk of loss, destruction, damage, accident or injury is increased; or
(c) whereby the interest of the Insured ceases except by will or operation of law; unless such alteration be admitted by the Insurer in writing.

4. WARRANTIES
Every warranty shall from the time that the warranty attaches apply and continue to be in force throughout the currency of this Insurance and non-compliance with any such warranty whether it increases the risk or not shall be a bar to any claim.

5. CANCELLATION
This Insurance may be cancelled at any time at the request of the Insured by giving written notice to the Insurer in the terms set out in Condition 13 below, and the premium hereon shall be adjusted on the basis of the Insurer receiving or retaining the customary short term premium. This Insurance may also be cancelled by or on behalf of the Insurer by sending seven days notice to the Insured’s intermediary whereupon the Insured shall become entitled to a refund of a proportionate part of the premium. Notice shall be deemed to be duly received in the course of the post if sent by pre paid letter post properly addressed.

6. REASONABLE PRECAUTIONS
The Insured shall:-
(a) maintain the premises, machinery, plant and equipment in a satisfactory state of repair;
(b) take all reasonable precautions for the safety of the Property Insured;
(c) take all reasonable precautions to prevent loss, destruction, damage, accident or injury;
(d) comply with all statutory requirements and other safety regulations imposed by any authority;
(e) keep books with a complete record of purchases and sales;
(f) take all precautions to minimise the costs of claims or legal proceedings.

7. ARBITRATION
If any difference should arise as the amount to be paid under this Insurance (liability being otherwise admitted) such difference shall be referred to an arbitrator to be appointed by the parties in accordance with statutory provisions. Where any difference is by this condition to be referred to arbitration the making of an award shall be a condition precedent to any right of action against the Insurer.

8. AVERAGE
Wherever an item is said to be subject to Average, if at the time of any loss, destruction or damage, its Sum Insured is less than the total value of such property the Insured shall be considered as being his own insurer for the difference and shall bear a rateable share of the loss accordingly.

9. REINSTATEMENT
Except as stated herein to the contrary if the Insurer elects or becomes bound to reinstate or replace any property, the Insured shall at their own expense, produce and give to the Insurer all such plans, documents, books and information as the Insurer may reasonably require. The Insurer shall not be bound to reinstate exactly or completely but only as circumstances permit and in reasonably sufficient manner and shall not in any case be bound to expend in respect of any one item of the items insured more than the Sum Insured thereon.

10. PREMIUM ADJUSTMENT
If any part of the Premium for this Insurance has been calculated on estimates furnished by the Insured the Insured shall keep accurate records containing all particulars relative thereto and shall at all times allow the Insurer to inspect such records

The Insured shall within three months from the expiry of each Period of Insurance furnish such information as the Insurer may require and the premium for such period shall thereupon be adjusted and the difference paid by or allowed to the Insured as the case may be subject to any minimum premium required

The Insurer reserves the right to request that the Insured supplies an auditor's certificate with such calculations that are the subject of adjustment under this Insurance attesting to the accuracy thereof

11. SURVEY CLAUSE
Where cover is subject to a receipt by the Insurer of a satisfactory survey carried out by a surveyor appointed by the Insurer during currency of this Insurance. The Insurer reserves the right to cancel this Insurance with immediate effect or impose special terms and conditions and/or revise the premium rate upon receipt of the survey.

It is condition precedent to liability that the Insured shall implement survey requirement(s) or as otherwise agreed by the Insurer within a period to be agreed by the Insurer and advised to the Insured.

12. CLAIMS CONDITIONS – ACTION BY THE INSURED
(a) On the happening of any loss, destruction, damage, accident or injury which may give rise to a claim the Insured shall in the terms set out in Condition 13 below give written notice to the Insurer as soon as reasonably practicable and shall give all such additional information as the Insurer may require.
(b) In respect of loss, destruction or damage caused by malicious persons or by theft it is a condition precedent to any claim that immediate notice of the loss, destruction or damage shall have been given by the Insured to the Police Authority.
(c) The Insured shall within 30 days after such loss, destruction, damage, accident or injury (7 days in the case of loss, destruction or damage caused by theft, riot, civil commotion, strikers, locked out workers or persons taking part in labour disturbances or malicious persons) or such further time as the Insurer may in writing allow at the expense of the Insured, deliver to the Insurer a claim in writing containing as particular an account as may be reasonably practicable of the accident, injury or any articles or portions of property lost, destroyed or damaged and of the amount of damage thereto, together with details of any other insurances on the property hereby insured. The Insured shall also give to the Insurer all such particulars and information with respect to the claim as may reasonably be required together with (if demanded) a statutory declaration of the truth of the claim and of any matters connected therewith. No claim under this Insurance shall be payable unless the terms of this condition have been complied with.
(d) Every letter of claim writ summons or process and all documents relating thereto and any other written notification of a claim shall be forwarded unanswered to the Insurer immediately they are received.
(e) The Insured shall not negotiate, pay, settle, admit or repudiate any claim without the written consent of the Insurer.
(f) If the Insured shall make any claim knowing the same to be false or fraudulent, as regards amount or otherwise, this Insurance shall become void and all claims(s) hereunder shall be forfeited.

13. NOTICE REQUIREMENTS
Where any Condition requires notice to be given to the Insurer that notice shall be given in writing to Naturesave Policies Limited, 58 Fore Street, Totnes, Devon, TQ9 5RU.

14. INSURED’S COMPLIANCE
The Insured shall at all times in addition to their obligations set out in Condition 12 above provide such information to and co-operate with the Insurer or its appointed agents to allow the Insurer to be able to comply with such relevant Practice Directions and Pre-Action Protocols as may be issued and approved from time to time by the Head of Civil Justice

15. SUBROGATION
(a) Any claimant under this Insurance shall at the request and at the expense of the Insurer do and concur in doing and permit to be done all such acts and things as may be necessary or reasonably required by the Insurer, for the purpose of enforcing any rights and remedies of or of obtaining relief or indemnity from other parties, to which the Insurer shall be or would become entitled or subrogated upon it paying for or making good any loss, destruction or damage, accident or injury under this Insurance whether such acts and things shall be or become necessary or required before or after indemnification by the Insurer.

(b) The Insurer who shall be entitled to take over and conduct in the name of the Insured the defence or settlement of any claim or to prosecute in the name of the Insured for its own benefit any claim for indemnity or damages or otherwise and shall have full discretion in the conduct of any proceedings and in the settlement of any claim and the Insured shall give all such information and assistance as the Insurer may reasonably require

16. DISCHARGE OF LIABILITY
The Insurer may at any time pay the Limit of Indemnity, the Limit of Liability, or the Sum Insured (after the deduction of any sum already paid) or any less amount for which a claim can be settled and shall relinquish the conduct and control of the claim and be under no further liability except for payment of costs or expenses incurred prior to the date of such payment.

17. NON CONTRIBUTION
This Insurance does not cover any loss destruction damage legal costs expenses or liability which at the time of happening of such loss destruction damage legal costs expenses or liability is also covered in whole or in part by any other insurance or would but for the existence of this Insurance be covered by any other insurance except in respect of any excess beyond the maximum amount which would be payable under such other insurance had this Insurance not been effected.

18. RIGHTS OF THE INSURER
On the happening of any loss, destruction or damage in respect of which a claim is or may be made under this Insurance, the Insurer and every person authorised by the Insurer may without thereby incurring any liability and without diminishing the right of the Insurer to rely upon any condition of this Insurance enter, take or keep possession of the building or premises where the loss, destruction or damage has happened and may take possession of or require to be delivered to it any of the property hereby insured and may keep possession of and deal with such property for all reasonable purposes and in any reasonable manner. This condition shall be evidence of the leave and licence of the Insured to the Insurer so to do. If the Insured or anyone acting on behalf of the Insured shall not comply with the requirements of the Insurer or shall hinder or obstruct the Insurer in doing any of the above-mentioned acts then all benefit under this Insurance shall be forfeited. The Insured shall not in any case be entitled to abandon any property to the Insurer whether taken possession of by the Insurer or not.

19. EMU CONTINUITY OF CONTRACT
The introduction of the EURO shall not have the effect of altering any terms of this Insurance of discharging or excusing performance under this contract nor give any party the right unilaterally to alter or terminate this Insurance

20. DISPUTES CLAUSE
Any dispute concerning the interpretation of the terms Conditions limitations and/or Exclusions contained therein is understood and agreed by both the Insured and the Insurer to be subject to English Law.

Each party agrees to submit to the jurisdiction of any Court of competent jurisdiction within England and to comply with all requirements necessary to give such Court jurisdiction.

All matters arising hereunder shall be deemed in accordance with the law and practice of such Court.

SECTION G EMPLOYERS', PUBLIC AND PRODUCTS LIABILITY

SECTION G - DEFINITIONS

1. Injury shall mean
a) death bodily injury illness or disease false arrest imprisonment or false eviction of or to any person
b) mental injury mental anguish or nervous shock but not defamation

2. Employee shall mean any
a) person under a contract of service or apprenticeship with the Insured
b) labour master or labour only sub-contractor or person supplied or employed by them
c) self employed person
d) person hired to or borrowed by the Insured
e) person under a work experience or training scheme
f) voluntary workers
g) person supplied to the Insured under a contract or agreement the terms of which deem such person to be in the employment of the Insured whilst working under the direction and control of the Insured in connection with the Business

3. Damage shall mean loss of possession of or damage to tangible property but shall not include Data

4. Data shall mean information represented or stored electronically including but not limited to code or series of instructions operating systems software programs and firmware

5. Offshore shall mean from the time an Employee embarks onto a conveyance at the point of final departure onto an Offshore rig platform or support vessel until the Employee disembarks onto land upon their return from an Offshore rig platform or support vessel

6. Pollution shall mean Pollution or contamination of the atmosphere or of any water land or other tangible property

7. Product shall mean any property (including packaging containers and labels) after it has left the custody or control of the Insured which has been designed specified formulated manufactured constructed installed sold supplied distributed treated serviced altered or repaired by or on behalf of the Insured

8. Damages shall mean monetary compensation capable of being awarded in civil proceedings but excluding aggravated damages and/or exemplary damages and/or punitive damages

9. Geographical Limits shall mean
a) Great Britain Northern Ireland the Channel Islands and the Isle of Man and offshore installations in territorial waters around Great Britain and its Continental Shelf
b) anywhere in the world in respect of temporary Business visits undertaken by any Employee normally resident in the territories defined in above provided such Employee is engaged in non-manual work
c) anywhere in the world in respect of products sold or supplied from the territories defined in a) above

10. Excess shall mean the total amount inclusive of claimants costs fees and expenses as stated in the Schedule payable by the Insured or any other person entitled to receive indemnity before the Insurer is liable to make any payment

It being agreed that if any payment made by Insurer shall include this amount such amount shall be repaid to the Insurer forthwith

SECTION G - OPERATIVE AND INDEMNITY CLAUSE

The Insurer in consideration of the Insured having paid or agreed to pay the premium will indemnify the Insured against

1. their liability to pay Damages (including claimants’ costs fees and expenses) in accordance with the law of any country but not in respect of any judgement award payment or settlement made within countries which operate under the laws of the United States of America or Canada (or to any order made anywhere in the world to enforce such judgement award payment or settlement either in whole or in part) unless the Insured has requested that there shall be no such limitation and has accepted the terms offered by the Insurer in granting such cover which offer and acceptance must be signified by specific endorsement to this Insurance

2. all costs fees and expenses incurred by the Insured with the Insurer’s prior written consent in the defence or settlement of any claim under this Insurance (hereinafter called “Defence Costs”) other than in respect of actions in the United States of America or Canada

Defence Costs include legal expenses

a) arising out of representation at any Coroners Inquest or Fatal Accident Inquiry

b) arising out of any criminal prosecution proceedings relating to an offence alleged to have been committed during the Period of Insurance and in the course of the Insured’s Business in respect of matters which may form the subject of indemnity by this Insurance (including, with the Insurer’s prior consent Employees partners or directors of the Insured) provided that

i) the Insurer shall not be liable for any fines or penalties imposed as a consequence of such prosecution

ii) the Insurer shall not be responsible for Defence Costs where at the Insurer’s discretion it may require the opinion of counsel (whose appointment is at the Insurer’s sole discretion) as to whether or not such costs should extend or continue to extend to the support of such defence and where such counsels opinion is that there is no reasonable defence to the prosecution

iii) the Insurer’s liability for Defence Costs in cases of breach or alleged breach of The Health and Safety at Work Act 1974 and such Regulations as are passed under or exist as a consequence of that Act are (unless with the Insurer’s prior consent otherwise) limited to prosecutions under Section 33(1)(a) to (c) of the Act or similar duty imposed under legislation in Northern Ireland, the Isle of Man or the Channel Islands

iv) the Insurer’s liability for Defence Costs in cases of breach or alleged breach of Part II of the Consumer Protection Act 1987 will be limited to proceedings not consequent upon a deliberate act or omission

The indemnity applies only to such liability as defined by each insured Sub-Section arising out of the Business specified in the Schedule subject always to the terms Conditions and Exclusions of such Sub-Section and of the Insurance as a whole

SECTION G – SUB-SECTION 1 EMPLOYERS LIABILITY

Indemnity
The Insured is indemnified by this Sub-Section in accordance with the Operative and Indemnity Clause but only for Injury to an Employee where such Injury arises out of the Business and is caused during the Period of Insurance as stated in the Schedule within the Geographical Limits

Limits of Indemnity
The Insurer’s liability to pay Damages (including claimants’ costs fees and expenses) and Defence Costs shall not exceed the sum stated in the Schedule in respect of any one occurrence or series of occurrences arising out of one originating cause

Rights of Recovery
This Sub-Section is deemed to be in accordance with the provisions of any law relating to compulsory insurance of liability to Employees in Great Britain Northern Ireland the Channel Islands and the Isle of Man and Offshore installations in territorial waters around Great Britain and its continental shelf but the Insured shall repay to the Insurer all sums paid by the Insurer which the Insurer would not have been liable to pay but for the provisions of such law ordinance or statute

Additional Persons Insured
At the request of the Insured indemnity will be extended to

1. any director of the Insured or Employee in respect of liability arising in connection with the Business

2. any officer committee or member of the Insured’s canteen sports social welfare organisation fire security first aid medical or ambulance services in their respective capacities as such but not including medical practitioners while working in a professional capacity

3. any director or senior official of the Insured in respect of private work undertaken by any Employee for such director or senior official

each of whom shall as though the Insured be subject to the terms of this Insurance so far as they can apply and provided that the Insured would have been entitled to indemnity under this Sub-Section if the claim had been made against the Insured

SECTION G – SUB-SECTION 2 PUBLIC LIABILITY

Indemnity

The Insured is indemnified by this Sub-Section in accordance with the Operative and Indemnity Clause for

1. Injury
2. Damage
3. nuisance trespass or interference with any easement right of air light water or way

occurring during the Period of Insurance as stated in the Schedule within the Geographical Limits but not against liability arising out of or in connection with any Product

Limit of Indemnity
The Insurer’s liability to pay Damages (including claimants’ costs fees and expenses) and Defence Costs shall not exceed the sum stated in the Schedule in respect of any one occurrence or series of occurrences arising out of one originating cause

In the event of any one originating cause giving rise to an occurrence or series of occurrences which form the subject of indemnity under this Sub-Section and Sub-Sections 3 each Sub-Section shall apply separately and be subject to its own separate Limit of Indemnity provided always that the total amount of the Insurer’s liability shall be limited to the greatest Limit of Indemnity available under either Sub-Section providing indemnity for the occurrence or series of occurrences

Additional Persons Insured
At the request of the Insured indemnity will be extended to include liability of

1. any director of the Insured or Employee in respect of liability arising in connection with the Business

2. any officer committee or member of the Insured’s canteen sports social welfare organisation fire security first aid medical or ambulance services in their respective capacities as such but not including medical practitioners while working in a professional capacity

3. any director or senior official of the Insured in respect of private work undertaken by any Employee for such director or senior official

each of whom shall as though the Insured be subject to the terms of this Insurance so far as they can apply and provided that the Insured would have been entitled to indemnity under this Sub-Section if the claim had been made against the Insured

Exclusions
This Sub-Section does not apply to liability

1. arising out of the ownership possession or use by or on behalf of the Insured of any motor vehicle or trailer for which compulsory insurance is required by legislation other than liability
a) caused by the use of any tool or plant forming part of or attached to or used in connection with any motor vehicle or trailer
b) arising beyond the limits of any carriageway or thoroughfare by the loading or unloading of any motor vehicle or trailer
c) for Damage to any bridge weighbridge road or anything beneath caused by the weight of any motor vehicle or trailer or of the load carried thereon
d) arising out of any motor vehicle or trailer temporarily in the Insured’s custody or control for the purpose of parking and where such liability does not require compulsory insurance by legislation governing the use of any motor vehicle or trailer

2. arising out of the ownership possession or use by or on behalf of the Insured of any aircraft watercraft or hovercraft other than watercraft not exceeding fifty feet in length (and then only whilst on inland waterways) or watercraft used for Business entertainment where the Insured is not responsible for insurance

3. for Damage to property owned leased or hired by or under hire purchase or on loan to the Insured or otherwise in the Insured’s care custody or control other than
a) premises (or the contents thereof) temporarily occupied by the Insured for work therein (but no indemnity is granted for Damage to that part of the property on which the Insured is working and which arises out of such work)
b) employees’ and visitors’ clothing and personal effects including vehicles and their contents
c) premises tenanted by the Insured to the extent that the Insured would be held liable in the absence of any specific agreement

SECTION G – CONDITION

Proportionment of Defence Costs

Except where the Limit of Indemnity is inclusive of Defence Costs if a payment exceeding the Limit of Indemnity has to be made to dispose of a claim the liability of the Insurer to pay all Defence Costs in connection therewith shall be limited to such proportion of the said Defence Costs as the Limit of Indemnity bears to the amount paid to dispose of a claim

SECTION G – EXCLUSIONS

APPLICABLE TO ALL SUB-SECTIONS UNDER THIS INSURANCE

1 Road Traffic Act

This Insurance does not provide any indemnity in respect of any liability for which compulsory motor insurance or security is required under the Road Traffic Act 1988 as amended by the Motor Vehicles (Compulsory Insurance) Regulations 1992 and the Road Traffic (Northern Ireland) Order 1981 as amended by the Motor Vehicles (Compulsory Insurance) Regulations (Northern Ireland) 1993 or any other Compulsory Road Traffic Legislation

2 Asbestos Trade

This Insurance does not cover any liability, loss, cost or expense directly or indirectly arising out of, resulting as a consequence of, or related to the manufacture, mining, processing, distribution, testing, remediation, removal, storage, disposal, sale, use of or exposure to Asbestos or materials or products containing asbestos whether or not there is another cause of loss which may have contributed concurrently or in any sequence to a loss.

3 Offshore

This Insurance does not apply to liability in connection with any work Offshore. If the Insurer is required by law under Sub -Section 1 of this Insurance to make a payment regarding Offshore cover then a Limit of Indemnity of GBP 5,000,000 any one occurrence shall apply.

4 Exclusions applicable only to Sub-Sections 2 and 3

This Insurance does not apply to liability
a) for Injury to an Employee where such Injury arises out of the Business
b) arising out of the deliberate conscious or intentional disregard by the Insured’s technical or administrative management of the need to take all reasonable steps to prevent Injury Damage nuisance trespass or interference with any easement right of air light water or way
c) arising out of liquidated damages clauses penalty clauses or performance warranties unless proven that liability would have attached in the absence of such clauses or warranties
d) arising out of professional advice design or specification given by the Insured for a fee
e) arising from Pollution other than caused by a sudden identifiable unintended and unexpected occurrence which takes place in its entirety at a specific time and place during the Period of Insurance. All Pollution which arises out of one occurrence shall be deemed to have occurred at the time such occurrence takes place. The Insurer’s liability to pay Damages (including claimant’s costs fees and expenses) shall not exceed the sum stated in the Schedule in respect of all occurrences.

5 Excess

This Insurance does not apply to liability for the Excess as stated in the Schedule in respect of the first amount of each claim or series of claims arising out of one originating cause

SECTION G - EXTENSIONS

APPLICABLE TO ALL SUB-SECTIONS UNDER THIS INSURANCE (EXCEPT WHERE INDICATED)

All extensions are subject otherwise to the limits, terms, conditions and exclusions of this Insurance

1 Court Attendance Costs

In the event of any of the under mentioned persons attending court as a witness at the request of the Insurer in connection with a claim in respect of which the Insured is entitled to indemnity under this Insurance the Insurer will provide compensation to the Insured at the following rates per day on which attendance is required

a) any director or partner of the Insured

b) any employee

Provided always that

i) the Insurer shall not be liable unless the Insurer has the sole conduct and control of all claims covered by this Extension

ii) this Extension shall not apply to any liability which is covered by any other Insurance

GBP 500

GBP 250

2 Cross Liabilities
Applicable to Sub-Sections 2 and 3

Each person or party specified as the Insured in the Schedule is separately indemnified in respect of claims made against any of them by any other subject to the Insurer’s total liability not exceeding the stated Limits of Indemnity

3 Data Protection Act 1998
Applicable to Sub-Sections 2 and 3

It is agreed that the indemnity provided by this Insurance extends to include liability for damage and distress under Sections 22 and 23 of the Data Protection Act 1984 or Section 13 of the Data Protection Act 1998 provided that

a) the liability arises from data for which the Insured are registered under the Act

b) the Insured are not in business as a computer bureau

c) the Insured do not supply data for a fee other than to a data subject

d) the Insurer will not provide an indemnity against any claim or claims made by or on behalf of any director or Employee of the Insured in connection with employment in the Business

4 Defective Premises Act

It is agreed that in respect of liability arising out of the ownership of premises in the event of any premises being disposed of by the Insured prior or subsequent to the inception of this cover the indemnity shall apply to liability which devolves upon the Insured by reason of the Defective Premises Act 1972 or similar legislation provided that

a) such liability is not otherwise insured

b) the Insurer shall not be liable in respect of the costs incurred by anyone in removing rebuilding repairing or rectifying any such premises

5 Principals

Where the Insured so requests the Insurer agrees to indemnify any Principal of the Insured but only to the extent that such liability arises solely out of the work performed for the Principal by or on behalf of the Insured such Principal shall be subject to and comply with the terms and Conditions herein and this clause shall in no way operate to increase the Limits of Indemnity as stated in the Schedule

6 Motor Contingent Liability
Applicable to Sub-Section 2

It is agreed that notwithstanding Exclusion 1 of Sub-Section 2 herein this Insurance is extended to provide an indemnity in respect of Injury or Damage arising out of the use of any motor vehicle owned by an Employee and being used in the course of the Business of the Insured

Provided always that no indemnity is provided by this Extension

a) in respect of personal injury to any person being carried by motor cycle other than in a sidecar attached to it

b) for loss of or Damage to any vehicle and/or contents therein

c) for death injury illness disease or loss or Damage arising while such vehicle is being driven by the Insured or any Employee of the Insured other than the owner of such vehicle

d) if such vehicle is more specifically insured

e) for any Employee whilst driving or in charge of such vehicle

f) if such vehicle is being used outside Great Britain Northern Ireland the Channel Islands and the Isle of Man

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