Terms Of Use

  1. About these Terms
    1. These terms of use (the “Terms”) explain how you may use the Site.
    2. You should read these Terms carefully before using the Site. By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
    3. Your use of the Site means that you must also comply with our Privacy Policy.
  2. Definitions

    Content

    means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

    Terms

    means these terms and conditions of use of the Site as defined above and as updated from time to time in accordance with these Terms;

    Privacy Policy

    means the policy, which governs how we process any personal data collected from you;

    Site

    is this website, having the following address catcobuyout.alixpartners.com

    We, us, our, ours

    means AlixPartners UK LLP with its registered office at 6 New Street Square, London EC4A 3BF, registered with the England Partnership Number OC360308 and its affiliated companies; and

    You, your

    means the person accessing or using the Site or its Content.

  3. Using the Site
    1. Some features that may be available on the Site may require registration and to establish or use a password. By registering at, and in consideration of your use of, the Site you agree to provide true, accurate, current and complete information.
    2. You agree that you are solely responsible for:
      1. all costs and expenses you may incur in relation to your use of the Site; and
      2. keeping your password and other account details confidential.
    3. If you have any reason to believe or become aware of any loss, theft or unauthorised use of your password, notify us immediately. We will assume that any communications we receive under your password have been made by you unless we receive notice otherwise.
    4. You or any third-parties acting on your behalf are not allowed to frame the Site or use our proprietary marks as meta tags without our written consent. You may not use frames or utilise framing techniques or technology to enclose any content included on the Site without our express written consent. Further, you may not utilise any Content in any meta tags or any other “hidden text” techniques or technologies without our express written consent.
    5. The Site is for your use exclusively and from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
    6. We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
  4. Ownership, IPR and use of materials on the Site
    1. The Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable) and is protected by copyright, trademark and other applicable laws. Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms and provide you a limited licence to access the materials on the Site under a licence that is revocable at any time at our sole discretion.
    2. Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. Unless indicated to the contrary, you may access, copy, download and print the materials contained on the Site, provided you agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and, in particular, in any digital rights or other security technology embedded or contained within the Site. Any other use of the Content, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any materials, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to ours or in connection with offering any third-party products or services not authorised or approved by us, is expressly prohibited.
    3. You acknowledge and agree that Content provided by third-parties has not been independently reviewed, tested, certified, or authenticated in whole or in part by us, and we do not provide, sell, license, or lease any of those materials. We neither warrant nor represent that your use of materials on the Site will not infringe rights of third-parties not affiliated with us.
    4. You may not use contact information provided on the Site for improper purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Termination of your access or use of the Site will not waive or affect any other right or relief to which we may be entitled, at law or in equity.
  5. Trademarks and copyrights
    Trademarks, logos and service marks displayed on the Site are registered and unregistered trademarks of ours, our licensors, our content providers and other third-parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. We reserve all rights not expressly granted in and to the Site and the Content. The Site and all its Content including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the applicable copyright law.
  6. Submitting information to the Site
    1. You acknowledge that you are responsible for any materials you may submit to the Site, including the legality, reliability, appropriateness, originality and copyright of any such materials. You may not upload to, distribute or otherwise publish through the Site any content that (i) is false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam.
    2. You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content.
    3. If you submit any materials, you grant us the right to use them, if we so choose. All personal information provided via the Site will be handled in accordance with the Site’s Privacy Policy.
  7. Accuracy of information and availability of the Site/Disclaimer
    1. While we try to make sure that the Site is accurate, complete, up-to-date, secure and free from bugs, we cannot promise that it will be at all times. Furthermore, we cannot promise/warrant that the Site will be fit or suitable for any purpose, whether express or implied. Any reliance that you may place on the information on the Site is at your own risk. The material and information available on the Site are for informational purposes only and are not intended to be legal advice. Please consult a legal adviser for any legal advice. The Site may also contain certain historical information. Historical information necessarily is not current and is provided for your reference only.
    2. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site. We may suspend or terminate operation of the Site at any time as we see fit.
  8. Hyperlinks and third-party websites
    The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink or reference to any third-party website does not mean that we endorse that third-party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
  9. Limitation of liability
    1. You acknowledge and agree that your use of the Site is at your own risk. Recognising it, you acknowledge and agree that, to the extent permitted by applicable law, except for any legal responsibility that we cannot exclude in law (such as for fraud, death or personal injury), neither we nor our respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers or third-party content providers shall be liable for any damage, loss, cost, claim or expense (including, without limitation, legal and other professional fees and disbursements) whether such liability arises in contract, tort, negligence, breach of statutory duty or otherwise arising (“Loss”) out of or in connection with (i) the Site, the use of it or any other website you access through a hyperlink or reference from the Site, (ii) any actions we take or fail to take as a result of communications you send to us, (iii) the delay or inability to use the Site or any of its Content, or (iv) our removal or deletion of any Content submitted or posted on the Site.
    2. We shall not be liable to you or any other person for any indirect, special or consequential Loss, or for any loss or depletion of profits, business or goodwill or similar loss, howsoever arising, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, whether or not the likelihood of such loss was contemplated, and including without limitation: loss of business opportunity; loss of anticipated saving; loss or corruption of data or information; or pure economic loss suffered by you that arises under or in connection with business; costs, damages, charges or expenses caused directly or indirectly.
  10. Indemnity
    By using the Site, you agree to indemnify, defend, hold harmless and covenant not to sue us and our respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable legal advisers’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable legal advisers’ fees and court costs, arising or resulting from that disruption. We reserve the right, at our sole discretion and at our own expense, to assume exclusive defence and control of any matter otherwise subject to indemnity by you and, in such case, you agree to cooperate with us in the defence of such matter.
  11. Force majeure
    We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
  12. Rights of third parties
    No one other than a party to these Terms has any right to enforce any of these Terms.
  13. Entire agreement and variation
    1. These Terms and any policies or operating rules posted on the Site constitute the entire agreement between you and us with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written.
    2. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify any such variations.
    3. If any provision of these Terms is unlawful, void or unenforceable, the remaining provisions of the Terms shall remain in place.
  14. Disputes
    1. These Terms and any non-contractual obligations arising out of these Terms shall be governed by, and construed in accordance with, the laws of England and Wales. If any materials on the Site, or your use of the Site, are contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
    2. Any dispute relating to these Terms shall be subject to the exclusive jurisdiction of the English courts, to which each party agrees to submit for these purposes.
    3. Notwithstanding paragraph above, you irrevocably agree that we shall have the right to take, and shall not be prevented from taking, proceedings against you to settle any dispute or claim arising out of, or in connection with, these Terms in any other court of competent jurisdiction.

Thank you for visiting the Site.
 

DATA ACCESS AGREEMENT 

 

  • “In connection with the joint provisional liquidations of Markel CATCo Investment Management Ltd., Markel CATCo Reinsurance Fund Ltd. (Private Fund), CATCo Reinsurance Opportunities Fund Ltd. (Public Fund) and Markel CATCo Re Ltd. (collectively, the Companies), AlixPartners has agreed to disclose Information to investors and creditors (Receiving Parties) in relation to the Schemes of Arrangement of the Public Fund and Private Fund, Joint Provisional Liquidations, and the Chapter 15 Proceedings of the Companies.
  • Information means all information that AlixPartners discloses or makes available to Receiving Parties, including, without limitation, information which is confidential and proprietary to the Companies or otherwise not generally available to the public and which includes among other things, documents, files, reports and other written or electronic information and data relating to the Companies, Schemes of Arrangement, Joint Provisional Liquidations, or the Chapter 15 Proceedings.   
  • AlixPartners nor their advisers has made or makes any representation or warranty to the accuracy or completeness of any Information provided or any other information supplied or as to the reasonableness of any assumptions on which any of the same is based (and there is no obligation on AlixPartners or any of its representatives to update or correct such information) and the Receiving Parties agree, on behalf of itself and its representatives, that neither AlixPartners nor any of its representatives shall have any liability to the Receiving Parties, or to any of its representatives, resulting from the use of the Information or any other information supplied”