TERMS OF SERVICE

Last updated: 19/1/2017

Welcome to InsureStreet – an online platform and mobile application that aims to take the upfront cost and everyday hassle out of renting.

  1. INTRODUCTION

By signing up for an account with InsureStreet, you are agreeing to be bound by the following terms and conditions (“Terms of Service”). These Terms of Service are to be read in conjunction with:

  • our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you or others provide to us; and
  • our Cookies Policy, which sets out information about the cookies used by us.

These Terms of Service are very important to you and us. They set out the basis on which we provide, and you are permitted to use, the various services made available on the website www.insurestreet.co and the mobile application known as ‘InsureStreet’ (together, the “Platform”), including the following:

  • creating a rent passport for tenants which tenants can choose to share with landlords and/or real estate agents;
  • conducting tenant reference and background checks;
  • arranging deposit replacement insurance for tenants (the actual insurance policy being underwritten by our chosen insurer, from time to time). The landlord is an additional insured under this policy;
  • providing template tenancy agreements for use by agents, landlords and tenants;
  • managing and processing payments between tenants and landlords/ real estate agents; and
  • providing a communication platform between tenants, landlords and real estate agents for the duration of a particular tenancy agreement,

(the “Services”). Any new services, features or tools which are added to the Platform shall be considered a Service and shall also be subject to the Terms of Service, unless indicated otherwise.

If you do not agree to these Terms of Service, then you must not proceed to create an account with InsureStreet or use the Services.

You can review the current version of the Terms of Service at any time on this page. We reserve the right to change the Terms of Service by posting the new version to this page and, where appropriate, by notifying you of such change via email in advance.

  1. INFORMATION ABOUT US

InsureStreet Limited (“InsureStreet”, “we”, “our” or “us”) is an appointed representative of Ambant Underwriting Services Limited of Marlow House, 1a Lloyd’s Avenue, London EC3N 3AA, a company which is authorised and regulated by the Financial Conduct Authority. Ambant’s Financial Services Register number is 597301.

InsureStreet is registered in England and Wales, with its registered office at Berners House / 47-48 Berners Street / London / W1T 3NF.

Contracts of insurance entered into by InsureStreet are underwritten by Hiscox Insurance Company Limited of 1 Great St. Helen’s, London, EC3A 6HX. Insurestreet acts as a coverholder for Hiscox and therefore that |InsureStreet is an agent of the underwriter .

You can contact us anytime by emailing customer.relations@insurestreet.co

  1. ACCOUNT
    • Account Set-up and maintenance

To use our Services, you must first register for an account on the Platform (“InsureStreet Account”). In the case of a company, you hereby warrant that you have authority to bind the company (as the contracting party) to these Terms of Service. In the case of an individual, you hereby warrant that you are:

  • 18 years of age or older;
  • An EEA or Swiss national living in London; and
  • A person who has the right of abode in the UK, or who has been granted indefinite leave to remain or has no time limit on his/her stay in the UK.

You hereby represent and warrant that the information you provide to InsureStreet upon registration, including information provided through your Linked Accounts (as defined below), and at all other times, will be true, accurate, current, and complete. You will ensure that this information is kept up-to-date at all times.

You are responsible for any use of our Services with your InsureStreet Account details and password, and for protecting your InsureStreet Account details and password from unauthorised use. You must not share this information with any other person. You are also responsible for the security of any computer where you choose to sign in to your InsureStreet Account.

We reserve the right to refuse to register or to delete your InsureStreet Account if you have previously had an InsureStreet Account deactivated by us due to your breach of these Terms of Service (or earlier versions thereof).

  • Linked Accounts

InsureStreet may, now or in the future, allow you to link your InsureStreet Account to your account(s) on third party services, such as social networking sites (“Linked Accounts”). If you link your InsureStreet Account to a Linked Account, you are authorising InsureStreet to access and collect information associated with your Linked Account (the precise information depending on the permissions of the applicable third party service provider) on your behalf in order to integrate your experience with the Platform with content, information, and features available through such Linked Account. Linking, accessing or using a third party service through the Platform in this manner may be subject to additional terms established by the applicable third party service provider, and it is your sole responsibility to comply with such third party terms.

  1. ACCESS TO THE WEBSITE

InsureStreet will make reasonable efforts to make the Platform and Services available 24 hours a day, 7 days a week. Notwithstanding this, you hereby acknowledge that your use of the Platform and the Services may be interrupted from time to time, for example, when we perform maintenance services or as a result of delays or delivery failures resulting from the use of communications networks and facilities.

Access to the Platform and use of the Services is provided on an “as is” basis which means that we do not warrant the Platform or Services will be error-free at all times, and we shall not be liable to you for failure of the same.

  1. SERVICES

We will provide the Services using reasonable skill and care.

We reserve the right (without liability to you or prejudice to our other rights) to suspend your access to or use of the Services (including through deactivation of your Account) without notice in the event you breach, or we reasonably suspect that you have breached or will breach, these Terms of Service.

Please note below additional terms and conditions that apply to your use of particular Services.

  • RentPassportTM

Your RentPassportTM is your digital rental history. You hereby warrant that all information you provide to us in connection with this Service is true, accurate, complete and up-to-date, and complies with all other requirements under Section 7.2 ‘Prohibited Content’. You further consent to us contacting and obtaining information about you from third parties for the purpose of performing this Service.

We will only disclose your RentPassportTM to people who you instruct us to share your RentPassportTM with, including but not limited to landlords, real estate agents and insurance providers.

  • Tenant Screening

You consent to us obtaining the following information about you from relevant third parties:

  • Credit history;
  • Information of any County Court Judgment (CCJ) registered against you;
  • Education history; and
  • Employment history.

You further consent to us conducting the following checks against you and obtaining the results:

  • Watchlist check to identify whether you are listed on any global watchlists, including Government sanction lists, politically exposed persons lists, anti-terrorism watchlists, anti-money laundering (AML) watchlists and disqualified directors lists;
  • Negative Media check to identify whether you have been mentioned in any negative media articles in the public domain; and
  • Know-Your-Client / Anti-Money-Laundering checks to verify your identity as a tenant, Agent or a landlord

We will use this information for the purpose of giving a potential tenant an overall risk-rating in accordance with artificially defined algorithm risk rating model.

We will use your individual risk rating to offer you a range of personalized insurance and non-insurance based services.

You acknowledge that this risk-rating is final and will be used to determine the insurance premium under your Policy (as defined in Section 5.3 ‘Deposit Replacement Insurance’ below). If you have any questions or objections relating to this risk-rating, please contact us as soon as possible.

You will not receive advice or a recommendation from us. We may ask some questions to capture your rental history and give you an overall risk rating to enable us to offer Deposit Recovery Insurance. You will then need to make your own choice about how to proceed.

  • Insurance Service – Deposit Replacement Insurance

Initially, the only insurance service available on our Platform will be Deposit Recovery Insurance (Cover Limit: £30,000). Deposit Replacement Insurance policy will be for a minimum period of 1 year and will commence after the 14 day cooling off period expires (see more information in section 6.3 ‘Cancellation’). We will roll out more products in the future to cover the on-demand and flexible insurance based needs of a community of Renters.

You acknowledge that our sole obligation under these Terms of Service in respect of this particular Service is to arrange contracts of insurance between a tenant, us as a coverholder and our partnered insurance provider (“Insurance Provider”), details of which can be found at Deposit Replacement Insurance / Deposit Replacement Schedule (“Policy”). Policies are underwritten by the Insurance Provider. We have no obligation to provide insurance services in connection with a Policy purchased via the Services, and we accept no liability to you in relation to the Insurance Provider’s provision of, or failure to provide, those insurance services.

All statements made by you or information given by you to us or the Insurance Provider are your responsibility. If you fail to disclose any relevant information or provide any inaccurate information, you acknowledge that this may invalidate your Policy.

All quotations provided via the Platform are intended as an indication only of your likely premium based on the limited information you have provided. They are not binding quotations and do not form an offer for insurance or an insurance contract. Quotations are valid only for a period of 60 days from the date of issue.

Any insurance coverage descriptions provided on the Platform are provided for general information purposes only, and do not form part of the contract between you and the Insurance Provider (or, for the avoidance of doubt, you and us in relation to the Services). You further acknowledge coverage details may vary by location. To obtain coverage under a Policy, you must first complete and submit an application via the Services. All applications are subject to underwriting approval by the Insurance Provider. The decision of whether to give such approval is at the Insurance Provider’s discretion and it is not bound to do so.

If a claim is made by the landlord under the Policy, coverage will be determined in accordance with the terms and conditions of the Policy. Accordingly, you are encouraged to view/download a specimen of your actual Policy prior to making any purchase decision Deposit Replacement Insurance / Deposit Replacement Schedule. In particular, you hereby acknowledge that your failure to have a property which is the subject of a Policy professionally cleaned upon the end of the tenancy period is not covered by the Policy, and you hereby authorize us to deduct an amount from your bank account (details of which you have provided to us during use of the Platform) to reimburse the landlord in relation to such professional cleaning costs. We shall provide you with notice before debiting such amount.

We endeavor to deal with any requests to increase or amend cover under a Policy on the day your instructions are received, or the next working day if a weekend or public holiday. You acknowledge that changes may not be able to be processed without obtaining additional information from you or third parties. If additional information is required, we will contact you as quickly as possible and you agree to fully co-operate in relation to the provision of such requested information.

  • Non-Insurance Services – Tenancy Agreement Templates

If you are an agent, landlord or tenant who uses a template tenancy agreement made available to you by us via the Services, you hereby acknowledge and agree to the following terms and conditions, as they apply to you:

  • the contents of the template tenancy agreement do not constitute advice on which you should rely. It is provided for general information purposes only;
  • the template tenancy agreement should only be used by a landlord if the proposed tenancy meets the criteria of an assured shorthold tenancy agreement;
  • we make no representation, warranty or guarantee, express or implied, that the template tenancy agreement will meet your requirements or that it is compliant with the relevant legislation. Each party must not rely on the template tenancy agreement as an alternative to legal advice from a professional adviser;
  • no responsibility is assumed by us for the information contained in the template tenancy agreement or for any losses which may have come about as a result of relying on such information. In addition, all liability is disclaimed in respect of such information to the fullest extent allowed by law;
  • by using this template tenancy agreement, you agree that we and our employees and directors are not liable for any direct or indirect loss or damages incurred as a result of its use;
  • this form of tenancy agreement is a legal document. Before signing it you should ensure the contents are acceptable to you. It is strongly recommended that you take legal advice on the contents of this document before entering into a tenancy agreement;
  • you must check all current legal obligations of a landlord or a tenant (as applicable) under an assured shorthold tenancy agreement; and
  • the template tenancy agreement was produced in December 2016 and, whilst we will use our reasonable endeavours to keep it up to date, you acknowledge that legal requirements may have changed since this date.

You agree not to use, reproduce, display or modify the template tenancy agreement for purposes other than drafting the tenancy agreement for use with the property and term of tenancy in respect of which the Service was requested.

We make no representation or warranty relating to the legal requirements for entry, amendment, enforcement and termination of this template tenancy agreement, and we shall not be responsible for your failure to comply with the same. For your general information only, we refer you to the ‘Housing and Local Services’ section of the GOV.UK website (find link here). You should get professional or specialist advice before doing anything on the basis of this content.

Tenancy agreements are made exclusively between a landlord and a tenant(s). InsureStreet is not a party to any tenancy agreement, or negotiation for any tenancy agreement, and does not fulfil, or accept any responsibility to fulfil, any obligations derived from the tenancy agreement between the landlord and the tenant.

We do not at any time provide, or purport to provide, any advice to landlords or tenants, in particular in respect of the financial, legal or any other consequences of any tenancy agreement.

  • Managing Payments

You may use the Platform to manage payments relating to tenancy and maintenance of a rental property, provided both payee and payor hold InsureStreet Accounts and agree to use of this Service.

Payments will be processed by a third party payment processor MangoPay, in accordance with its standard terms and conditions (find link here) and for the amount and timing/ frequency instructed and agreed by the payor and payee. You hereby give consent: (a) to us sending you electronic communications (including via email and text) in relation to upcoming and successful payments managed via the Services; and (b) for the payment processor to access your bank account which is nominated by you from time to time, and to either deduct or deposit the applicable amount, less (where you are the payee) any fee which may apply. See Section 6 ‘Charges’ for more information about applicable fees.

We shall not be liable to any person if the payment processor is not able to deduct or deposit any amount due to insufficient funds or incorrect bank account details.

  • Third Party Platforms and Services

You acknowledge that the Platform and the Services may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that you do so solely at your own risk. We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content, or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and not us. We recommend that you refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. We do not endorse or approve any third-party website nor the content of any of the third-party website made available via the Platform and the Services.

  • What we and the Platform/ Services do not do

InsureStreet is a mobile platform which connects real estate agents, landlords and tenants to rent residential properties throughout various stages of a property rental experience. Unless you purchase a product or service from us on the Platform, our only obligation to you is to make this Platform and the Services available to you in accordance with these Terms of Service.

We do not provide financial or legal advice, and nothing on the Platform, any Service or any information provided as part of the Services shall be construed as such.

We are not a real estate agency or a property manager. We are not responsible for fielding enquiries directly from you and we are not involved in, and have no liability for, any communication, dispute or agreement (including tenancy agreement) made between a property agent, landlord or a tenant(s). We further do not warrant that this Platform or the Services provide landlords and tenants with all the information, tools and access required to comply with applicable laws and regulations in relation to the letting of property. Use of the Platform and the Services are not a substitute for professional or specialist real estate advice.

You hereby acknowledge that we do not verify any data, information or other content posted, uploaded or transmitted by users of the Services and, as such, it is your sole responsibility to check, confirm and satisfy yourself as to the accuracy of any such content as well as any information presented to you as part of the Services which is derived from such content. We provide no warranty and accept no responsibility for the accuracy or completeness of such content displayed on the Platform.

You, not us, are responsible for keeping copies of any information you provide to us. The Services do not include storage or back-up services; and we shall not be liable to you for any loss of such information (subject to our legal obligations to you as data controller of personal data).

  • Additional Responsibilities of tenant in relation to a property

If you are a tenant, you agree to:

  • pay your rent to the landlord on time and in full, to keep the property in a satisfactory condition and to report any issues with the property (such as repairs and faults) to the landlord as soon as possible;
  • to nominate a lead tenant in cases of multiple occupancy, as appropriate, and to maintain regular communication with InsureStreet from the beginning of the rental period and to inform InsureStreet as soon as possible if there are any changes in your details which could affect your ability to meet your rent payments or otherwise relate to your risk profile; and
  • comply with your obligations to the landlord under the tenancy agreement, including but not limited to, rental arrears and damage that is not consistent with the inventory, except for fair wear and tear.
  1. CHARGES

You agree to pay all fees (if any) in connection with your use of the Services on our platform. We reserve the right not to provide or instruct a third party to provide Services until such payment has been received in full and cleared funds.

  • Fees – Insurance Services

As consideration for the provision of the insurance contract, you agree to pay us the amount of the premium specified on the Platform, plus any applicable tax.

 

  • Cancellation of Insurance Policy

If you are a consumer, you have the benefit of a cooling off period. This means you have the right to cancel your Policy without penalty and without giving any reason and to receive a refund of all amounts paid to us in relation to such cancelled Policy. Please note that cancellation of your Policy will result in termination of your contract of insurance.

To exercise this right, you must notify us within 14 days of the date you entered into the Policy or the date on which you received all contractual terms and conditions and other required documentation in relation to the Policy. Please notify us by sending an email to customer.relations@insurestreet.co. We will refund all sums we have received from you in relation to the cancelled Policy without undue delay, and no later than 30 days after receiving your notice of cancellation.

You may still cancel your Policy after the cooling period has expired; however, the refund will be calculated on a pro rata apportionment (taking into account risk incurred) and less a cancellation fee of £5. If the remaining amount is less than £1, we will not issue a refund, but retain such amount as an additional service charge.

If you cancel your policy after the cooling off period, you agree to make full payment of the deposit to the landlord. If you fail to do this within a reasonable period of time, you hereby give us authority to deduct this amount from your bank account (details of which you have provided to us during use of the Platform) on behalf of the landlord. We shall provide you with notice before deducting such amount.

  • Fees – Other Services

Our current fee structure for other Services is as follows:

No. Service Agent Landlord Tenant
1 RentPassport and Tenant Screening Free Free Free
3 Monthly Rent Payment / Collection Available with paid-subscription account
3 AST Templates Free Free Free
4 Rating

(Agent / landlord / Tenant Service)

Free Free Available with paid-subscription account
5 Report and Track Maintenance Issues Free Free Free
6 AST Contract Renewals Free Free Free

 

The Platform will give you the option to purchase a subscription account which will allow you to access and use additional Services on the Platform. Your payment to us for a subscription account will automatically renew at the end of the relevant subscription period, unless you cancel your subscription account by either contacting us at customer.relations@insurestreet.co or following the prompts in your account settings before the end of the then-current subscription period. Subject to your right to cancel your subscription account (see below) and our liability to you as stated under section 12, fees paid for a subscription account are non-refundable.

Please note that by signing up for a subscription account, you are agreeing to the immediate use of that subscription account (including access to all Services permitted by such subscription).

We may change the subscription fee at any time upon 20 days’ notice. The new subscription fee will take effect at the beginning of the next subscription cycle.

  • Cancellation of Platform Subscription

If you are a consumer, you have the right to cancel your paid-subscription account without penalty and without giving any reason and to receive a proportionate refund of the subscription fee paid to us.

To exercise this right, you must notify us within 14 days of the date your paid-subscription account commenced. You may notify us by using the below model cancellation form or by simply sending an email to customer.relations@insurestreet.co:

Model Cancellation Form

To: InsureStreet Limited, at either: 

  • Our registered office at Berners House / 47-48 Berners Street / London / W1T 3NF; or 
  • Our email address customer.relations@insurestreet.co. 

I hereby give notice that I cancel my contract for a subscription account which I purchased on _________________.

Name of consumer: ___________________________________ 

Address of consumer: __________________________________________________________________________

__________________________________________________________________________

Signature: ___________________________________ (Only if this form is notified on paper). 

Date: __________________ 

 

We will refund a reasonable proportion of the subscription fee, taking into account your use of the Services enabled by a subscription account in the period before you notified us of your wish to cancel, without undue delay and no later than 14 days after receiving your notice of cancellation.

You may still cancel your subscription account after the 14-day cooling period has expired by notifying us at the abovementioned email address; however, no refund will be offered.

  • Introducer Arrangements

A third party may have introduced you to us and for this the introducer may be paid a fee by InsureStreet. Similarly, we may introduce you to other third parties, for which the third may pay a fee to us.

  1. YOUR USE OF THE WEBSITE AND SERVICES
    • Prohibited Use

You shall not:

  • licence, sell, rent, transfer, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise make the Services available to any third party;
  • access all or any part of the Platform or the Services in order to build a product or service which competes with the Services, or for the purposes of monitoring the Services’ availability, performance or functionality;
  • use the Services to provide services to third parties (unless those third parties also have InsureStreet Accounts and such use is in accordance with the intended and usual purpose of the Services), or permit the Platform or the Services or any part of them to be combined with, or incorporated into, any other program;
  • attempt to copy, modify, duplicate, create derivative works of, frame, mirror, republish, download, display, transmit or distribute all or any portion of the software applications used by us as part of the Services (except as may be allowed by any applicable law incapable of exclusion);
  • attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software applications used by us as part of the Services (except as may be allowed by any applicable law incapable of exclusion);
  • attempt to obtain, or assist third parties in obtaining, unauthorized access to the Platform or Services;
  • interfere with or disrupt the Platform or the Services, or use or access the Platform or the Services in a manner that unfavorably affects the performance or proper functioning of the Platform and the Services, or any computer systems or networks used by the Platform or the Services;
  • use any robot, spider or other automatic device or process to send or redirect messages, or monitor, download, copy or keep a database copy of any of the content transmitted to or made available through the Platform or the Services;
  • access, store, distribute or transmit any computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs during the course of your use of the Platform or Services;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or the Services (whether ours or our licensors’);
  • remove, cover or otherwise obscure any form of advertisement included on the Services;
  • collect, harvest, use, copy, share or transfer any information, including but not limited to personal data, obtained from the Services (excluding your User Content (as defined in Section 7.2 ‘User Content’), and unless the owner of such information has expressly permitted the same); or
  • use the Platform or the Services or any aspect or feature thereof for any unlawful purpose or in any way that might cause harm to any other person.
    • Prohibited Content

You shall not submit or transmit any information, data or content such as text, documents, photos, audiovisual content and other media content (including all information submitted to us by you for the purpose of creating your Rent Passport as well as all Contributions as defined in Section 11 ‘Contributions’ below) (“User Content”) during the course of your use of the Platform or Services that:

  • is fraudulent or unlawful;
  • harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
  • infringes, misappropriates or violates a third party’s rights, including intellectual property rights or rights of publicity or privacy;
  • facilitates illegal activity;
  • depicts sexually explicit images;
  • promotes unlawful violence;
  • is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
  • breaches any legal duty owned to a third party, such as a contractual duty or a duty of confidence;
  • promotes the business of a third party (other than in the usual course of use of the Services, for example, placing a review of a real estate agent); or
  • deceives any person, impersonates any person, or misrepresents your identity or affiliation with any person.

In addition, all User Content must be accurate (where it states facts) and be genuinely held (where it states opinions).

  • Indemnity

You agree to indemnify us (which means compensate us) and hold us harmless against any costs, expenses, liabilities, damages or loss suffered or incurred by us in connection with your breach of this Section 7.

  1. USER CONTENT

All User Content (as defined in Section 7.2 ‘Prohibited Content’ above) will be considered non-confidential and non-proprietary.

You shall have the sole responsibility for the legality, reliability, integrity, accuracy and quality of your User Content, including its compliance with the content standards set out in Section 7.2 ‘Prohibited Content’ above, and agree to promptly update or correct any such User Content on becoming aware of any errors or inaccuracies.

We have no obligation to monitor, censor or review User Content and its compliance with the content standards set out in Section 7.2 ‘Prohibited Content’ above, but we reserve the right to do so. We further reserve the right to remove, edit or decline to display any User Content without notice, or to require you to amend your User Content at any time, if we consider, or have reason to believe, that such User Content does not comply with the above content standards.

  1. INTELLECTUAL PROPERTY

You acknowledge that all intellectual property rights in the Platform and the Services anywhere in the world belong to us or our licensors, and that you have no rights in or to the Platform or the Services other than the right to use each of them in accordance with these Terms of Service.

You retain all ownership rights in your User Content (as defined in Section 7.2 ‘Prohibited Content’ above), but you are required to grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with our performance of the Services and provision of the Platform and (where relevant) other online platforms.

  1. OPEN SOURCE SOFTWARE CODE

Certain software code incorporated into or distributed with the Platform or otherwise with the Services may be licensed by third parties under various “open-source” or “public-source” software licences (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms of Service, you acknowledge that the Open Source Software is not licensed under these Terms of Service and instead is separately licensed pursuant to the terms and conditions of their respective software licences. You agree to comply with the terms and conditions of such open-source software licence agreements.

  1. CONTRIBUTIONS

When you submit any ideas, suggestions, documents and/or proposals relating to the Services (or other products or services) to InsureStreet through the “Contact Us” User Forum, the Support interfaces or through any other channel or mechanism (collectively “Contributions”), you acknowledge and agree that:

  • InsureStreet shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way;
  • to the extent there are any intellectual property rights subsisting in your Contributions, that hereby grant us a worldwide, perpetual, non-exclusive, transferable and irrevocable license (with a right to sub-license) under such rights to use and exploit the Contributions without limitation or restriction; and
  • you are not entitled to any compensation or reimbursement of any kind from InsureStreet under any circumstances.
  1. LIMITATIONS ON OUR LIABILITY

You agree to the following limitations on our liability to you:

  • Exclusion of certain losses: InsureStreet shall not be liable to you for any loss of profits, business, anticipated savings, goodwill or business opportunity, business interruption, loss or corruption of data or information (subject to our liability to you as data controller of personal data), or for any special, indirect or consequential loss or damage, howsoever arising under these Terms of Service;
  • Cap on liability: InsureStreet’s maximum aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms of Service shall be limited to liability to the greater of: (a) £100; or (b) the aggregate of the amount (if any) paid by you to us in the 6 months immediately preceding you bringing a claim against us.

Further, due to the nature of the Platform, the Services and the online environment, we do not take responsibility for the following:

  • Network problems: the transfer of content and data over communication networks and facilities, including the internet, is subject to limitations, delays and other problems inherent in the use of such communication facilities. We are not responsible for any loss, damage, delay or failure resulting from such transfers or any other event beyond our reasonable control;
  • Results of Services: you assume full responsibility for results achieved or obtained from the use of the Services, and for conclusions drawn from such use. We do not warrant that the Services or any information obtained by you through the Services will meet your particular requirements; and
  • Your actions, instructions and breach: InsureStreet shall have no liability for any loss or damage caused by errors or omissions in any content or information provided by you to InsureStreet in connection with the Services, or any action taken by InsureStreet as a result of your direction, or your breach of these Terms of Service.

Nothing in these Terms of Service shall exclude either party’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by law.

All warranties, conditions, representations or other terms implied by statute or common law in relation to the Platform and any Services provided by us are excluded to the fullest extent permitted by law.

  1. TERMINATION

You may terminate these Terms of Service with us at any time, for any reason, by deactivating your account and ceasing all use of the Services. Please note that termination of these Terms of Services will not affect the validity of any Policy or tenancy agreement that you have entered into.

We may terminate these Terms of Service with you immediately in the event you commit a material or persistent breach of these Terms of Service, the Services are discontinued, we lose the right to provide you with the Services, or where the provision of the Services becomes unlawful. We will use reasonable endeavors to provide you with notice in advance; however, you acknowledge that this may not be possible in all circumstances.

For the avoidance of doubt, termination of these Terms of Service will not result in the termination of any Policy purchased by you or any tenancy agreement entered into you by.

  1. PRIVACY AND YOUR INFORMATION

See our Privacy Policy and Cookies Policy which are hereby incorporated into these Terms of Service by reference, for more information about how your personal data will be processed by us.

  1. OTHER IMPORTANT TERMS

Assignment and other dealings: You may not assign, transfer, sub-license or deal in any other manner with any or all of your rights or obligations under these Terms of Service, without our prior written consent. We reserve the right to transfer, assign, sub-contract or deal in any other manner with any or all of our rights or obligations under these Terms of Service, without notifying you or receiving your consent.

Waiver: If we do not insist immediately that you do anything you are required to do under these Terms of Service, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Severance: Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Third Party Rights: No one other than a party to these Terms of Service, their successors and permitted assignees, shall have any right to enforce any of its terms.

Entire Agreement: These Terms of Service, and all documents referred to in them, constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

Governing Law/ Jurisdiction: These Terms of Service are governed by English law and you can bring legal proceedings in respect of any dispute or claim arising out of or in connection with these Terms of Service in the English courts.

Online Dispute Resolution: If you are a consumer, and you are not happy with how we have handled a complaint in relation to Services you have paid for, you may submit a dispute for online resolution to the European Commission Online Dispute Resolution platform. You can find this platform and more information about it here: http://ec.europa.eu/consumers/odr/.

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© 2017 Insurestreet.co

InsureStreet and Insure Street are trading names of InsureStreet Limited which is an appointed representative of Ambant Underwriting Services Limited (for general insurance intermediary business), a company authorised and regulated by the Financial Conduct Authority under registration number 597301 to carry on insurance mediation activities. InsureStreet Limited is registered in England and Wales company number 10287920. Registered office at Jag Shaw Baker, 5th Floor Berners House, 47-48 Berners Street, London, W1T 3NF. InsureStreet policies are underwritten by Hiscox Underwriting Ltd on behalf of Hiscox Insurance Company Limited.