TERMS OF SERVICE

 

Last updated February 24, 2022



 

TABLE OF CONTENTS


 

1. AGREEMENT TO TERMS

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. LANDLORD/HOMEOWNERS TERMS

6. SERVICE PROVIDER TERMS

7. PURCHASES AND PAYMENT

8. REFUND POLICY

9. PROHIBITED ACTIVITIES

10. CONTRIBUTION LICENSE

11. GUIDELINES FOR REVIEWS

12. MOBILE APPLICATION LICENSE

13. SOCIAL MEDIA

14. SUBMISSIONS

15. THIRD-PARTY WEBSITES AND CONTENT

16. SITE MANAGEMENT

17. PRIVACY POLICY

18. TERM AND TERMINATION

19. MODIFICATIONS AND INTERRUPTIONS

20. GOVERNING LAW

21. DISPUTE RESOLUTION

22. CORRECTIONS

23. DISCLAIMER

24. LIMITATIONS OF LIABILITY

25. INDEMNIFICATION

26. USER DATA

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

28. MISCELLANEOUS

29. CONTACT US



 

1. AGREEMENT TO TERMS

 

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Homeowner Cover Limited, doing business as Homeowner Cover ("Homeowner Cover", “we”, “us”, or “our”), concerning your access to and use of the https://www.homeownercover.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in the United Kingdom and have our registered office at Unit 7 Cedar Trade Park, Wimborne, England BH21 7SD. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service from time to time. We will alert you about any changes by updating the “Last Updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.

 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

 

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.


 

2. INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.




 

3. USER REPRESENTATIONS

 

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

 

4. USER REGISTRATION

 

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.


 

5. LANDLORD/HOMEOWNERS/ COMMERCIAL TERMS

 

5.1 Definitions
In this Agreement:

the following terms shall have the following meanings unless the context otherwise requires:
“Account”: the account allocated to you by us for you to access Homeowner Cover Limited;
“Agreement”: these Terms and Conditions together with the Registration Acceptance and any document referred to in these Terms and Conditions or the Registration Acceptance;
“Service”: the performance of property-related services by a Service Provider, following your listing of a Service Request and that Service Provider accepting the Service Request using Homeowner Cover Limited;
“Authorised Users”: those of your allocated personnel who will have access to the Account and who will be able to receive notifications regarding particular Service Requests and Services;
“Business Day”: any day other than (i) a Saturday, (ii) a Sunday or (iii) any day when the clearing banks in the City of Wimborne are not physically open for business;
“Confidential Information”: any information in any form or medium obtained by or on behalf of one Party from or on behalf of the other Party in relation to this Agreement which is expressly marked as confidential or which a reasonable person would reasonably consider being confidential, whether disclosed or obtained before, on or after the date of this Agreement, together with any reproductions of such information or any part of such information;
“Controller”: has the meaning set out in UK GDPR;
“Keyholder”: any agent, occupier, tenant, licence-holder or other relevant people in respect of a Property, that is to be present to provide access to the Service Provider at the relevant Property for the purposes of a Service;
“Party”: either we or you and “Parties” shall mean both of us and you;
“Service Provider”: a business that has registered for use of Homeowner Cover Limited, by which that business is able to view potential property-focused assignments listed by householders that have registered to make such assignments available through Homeowner Cover Limited;
“you” and “your”: the property owner, agent or householder customer registering for access to applications and services under this Agreement, as specified in the Registration Acceptance;



 

5.2 Agreement

The terms of this Agreement apply to the exclusion of any terms and conditions submitted, proposed or stipulated by you in whatever form and at whatever time.

Your submission to us of the Registration Form constitutes an offer by you to obtain access to Homeowner Cover Limited in accordance with these Terms and Conditions and the terms of the Registration Form. You are responsible for ensuring that the terms of the Registration Form are complete and accurate.

This Agreement shall be legally formed and the Parties shall be legally bound when you have received a Registration Acceptance from us.

In the event of a conflict between these Terms and Conditions and the Registration Acceptance, then the Registration Acceptance shall prevail over these Terms and Conditions.

5.3 Term
This Agreement, and your access to Homeowner Cover Limited, shall commence on the date on which this Agreement is entered into under Clause 5.2 and, unless terminated earlier pursuant to the termination provisions of this Agreement, shall continue until terminated.

 

5.4 Service

  1. You must include Keyholder contact details in order to allow the relevant Service Provider to gain access to the Property and complete the Service once accepted. We will also notify the Keyholder of the Service Slot once the relevant Service Provider has scheduled it. You must ensure that the Keyholder is aware that:

    1. you have provided the Keyholder's Personal Data to us for the purposes of the Service;

    2. the relevant Service Provider will contact the Keyholder directly in relation to the Service; and

    3. we may contact the Keyholder to manage the Service once it has been accepted by the relevant Service Provider;

  2. and you warrant that you will comply with all relevant Data Protection Laws in obtaining Personal Data relating to Keyholders, and sharing it with us.

  3. A Service Provider may accept a Service Request through Homeowner Cover Limited.

  4. We do not guarantee that a Service Provider will accept any Service Request posted on Homeowner Cover Limited. It is your responsibility to ensure that you submit all Service Requests to Homeowner Cover Limited at least four weeks prior to the date by which you require the relevant Service to be completed.

  5. You acknowledge that we shall have no liability if a Service Provider accepts a Service and either cancels or withdraws before the Service Slot, fails to turn up to the Service, or fails to complete the Service. In such circumstances, we will arrange for an alternative Service Provider to complete the assignment within a reasonable time.

  6. Once the Service Provider has completed a Service, Homeowner Cover Limited will make the relevant certificate of completion, or report, for the Service available within the Account, and it will be sent to you by email. You will be able to download that certificate or report through the Account at any time once it has been uploaded.

  7. Once a Service Request has been accepted by a Service Provider and has an allocated Service Slot, you may not cancel the Service.

  8. If you or the Keyholder is not available to give the Service Provider access to the Property on attendance during the Service Slot, we may leave instructions to re-arrange the Service Slot. We will also pass on to you any costs incurred by us as a consequence of no-one being available to grant the Service Provider access, which will include us charging you for that Service for the Service Provider failing to be granted access; and you must submit another Service Request to Homeowner Cover Limited and pay further Charges, in order to rearrange the Service Slot.

  9. In the event of any dispute between you and us and/or the Service Provider relating to the completion of a Service, or the certificate or report issued in respect of that Service, then:

    1. we will refer the dispute to an industry accreditation body relevant to that Service, chosen by us at our absolute discretion;

    2. that industry body will assess the dispute and provide a decision in respect of it;

    3. the industry body's decision will be final and binding on us, you and the Service Provider, save in the case of manifest error; and

    4. to the extent that the industry body charges for the provision of a decision in respect of the dispute, the Party against whom the industry body resolves the dispute shall be responsible for such charges.

 

 

5.5 Our obligations

  1. We warrant that:

    1. we shall use our reasonable skill and care in providing Homeowner Cover Limited and having Services undertaken by Service Providers;

    2. the Service Providers have the necessary skill and qualifications to perform any Service which they accept;

    3. we have all necessary rights, permissions and consents to enter into, and perform our obligations under, this Agreement; and

    4. we shall comply with all applicable laws, statutes, regulations and bye-laws in relation to the exercise of our rights and performance of our obligations under this Agreement.

We have the right to make any changes to:

  1. Homeowner Cover Limited which are necessary to comply with any applicable law, or which do not materially affect the nature or quality of Homeowner Cover Limited; and

  2. any Service which is (or cancel any Service if) necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of that Service;

and we shall notify you in any such event. If we cancel the Service before it is performed, we will refund you any Charges you have paid to us in respect of that Service.

The relevant Service Provider will perform the Service during the Service Slot save that, we shall not have any liability for any delay in performance of a Service that is caused by an Event of Force Majeure, or your failure to provide the Service Provider with access to the Property or with adequate instructions or any other instructions that are relevant to the performance of the Service.

5.6 Your obligations

You must:

  1. ensure that the terms of the Registration Form, and each Service Request, are complete and accurate;

  2. ensure that you fully co-operate with us, including in order to enable us to carry out fully, accurately and promptly our obligations under this Agreement to the best of our ability;

  3. promptly provide us with such information, data and assistance that will enable us to carry out fully, accurately and promptly our obligations under this Agreement (including in respect of any Service) to the best of our ability;

  4. promptly comply with all of our reasonable requests under this Agreement;

  5. have all necessary rights, permissions and consents to enter into, and perform your obligations under, this Agreement;

  6. comply with all applicable laws, statutes, regulations and by-laws in relation to the exercise of your rights and performance of your obligations under this Agreement and in relation to any Service;

  7. provide proper, adequate, safe, comfortable and suitable environmental and operating conditions for Service Providers at the Property;

  8. inform us in writing a reasonable time before the Service Slot of any regulations relevant to the Service Provider when working at the Property;

  9. be (or ensure that a Keyholder is) present and available at the Property at the required times to enable the Service Provider to perform the Service;

  10. sign a confirmatory note upon completion of any Service; and

  11. ensure that Authorised Users and Keyholders fully co-operate with, and make themselves available at all reasonable times for discussion and meetings with, us and Service Providers.

 

  • It is your responsibility to ensure that you provide us with the information required to enable us to give you access to Homeowner Cover Limited, list your Service Requests on Homeowner Cover Limited, manage your Properties through Homeowner Cover Limited (in respect of required Services) and for a Service Provider to perform any Service. for any failure by us in respect of Homeowner Cover Limited, or by us or any Service Provider in respect of any Service, to the extent caused by your failure to properly ensure the provision of the relevant information to us.

  • You shall ensure that all information, including any images, you provide to us is of a high level of quality, completeness and accuracy.

  • You shall not in any way use Homeowner Cover Limited, or submit to us or Homeowner Cover Limited, anything which in any respect:

    • is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;

    • is fraudulent, criminal or unlawful;

    • is inaccurate or out-of-date;

    • is obscene, indecent, vulgar, discriminatory, offensive, threatening, defamatory or untrue;

    • impersonates any other person or body or misrepresents a relationship with any person or body;

    • may infringe or breach the copy or Intellectual Property Rights of any third party;

    • maybe contrary to our interests;

    • is contrary to any specific rule or requirement that we may stipulate for Homeowner Cover Limited; or

    • involves your use, delivery or transmission of any viruses, unsolicited communications, Trojan horses, trap doors, cancelbots, back doors, worms, easter eggs, time bombs or computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any data, personal information or system.

  • You must not use any automated means to access Homeowner Cover Limited or collect any information from it.

  • It is your responsibility to ensure that Homeowner Cover Limited is sufficient and suitable for your purposes and meets your individual requirements. It is your responsibility to ensure that your use of Homeowner Cover Limited and the arrangement of Services through Homeowner Cover Limited is in your best interests, and you bear sole responsibility and liability for the consequences of your use of Homeowner Cover Limited and your arrangement of Services.

  • You must maintain and update the information provided by you to us as applicable (including in respect of any Service or Service Request). You shall audit the information you provide to us that is listed on Homeowner Cover Limited on a regular basis to ensure ongoing compliance with this Agreement.

  • You shall not impersonate any person or use a name that you are not legally authorised to use. If you provide false or incorrect information or do not notify us of changes to your information immediately, we reserve the right to terminate this Agreement.

  • We shall not be responsible or have any liability for:

    • information provided to us by you that is in breach of any provision of this Agreement and that is subsequently posted on Homeowner Cover Limited; or

    • the listing of any Service Request that is in breach of any provision of this Agreement or any applicable law.

  • You undertake that you shall not during the term of this Agreement and for 12 months after its termination for any reason:

    • receive services from, or work with, any Service Provider, otherwise than through Homeowner Cover Limited;

    • work directly with any Service Provider by means of working-around Homeowner Cover Limited, where the services provided by that Service Provider would otherwise have been provided through Homeowner Cover Limited; and/or

    • solicit or entice away from Homeowner Cover Limited any Service Provider, if that solicitation or enticement causes or would cause that Service Provider to cease supplying, or materially reduce its supply of, those services through Homeowner Cover Limited.

  • You must effect and maintain insurance for each Property with reputable insurers, against loss or damage caused by any risk normally insured against by a competent property owner (including, where appropriate, Events of Force Majeure).

 

6. SERVICE PROVIDER TERMS 

6.1 Definitions
In this Agreement:

the following terms shall have the following meanings unless the context otherwise requires:
“Account”: the account allocated to you by us for you to access to Homeowner Cover Limited;
“Agreement”: these Terms and Conditions together with the Registration Acceptance and any document referred to in these Terms and Conditions or the Registration Acceptance;
“Service”: your performance of property-related services following your acceptance of the provision of those services through Homeowner Cover Limited;
“Service Request”: a requirement for property-related services listed by a Service User using Homeowner Cover Limited, and that can be accepted by you for performance;
“Authorised Users”: those of your allocated personnel who will have access to the Account;
 

6.2 Your obligations

  1. You must:

  1. ensure that the terms of the Registration Form are complete and accurate;

  2. within 48 hours of accepting a Service Request, allocate an Service Slot (during which you are able to fulfil that Service) to that Service;

  3. perform the Service during the Service Slot;

  4. not accept any Service Request where you are not qualified, permitted or able to perform the Service, for any reason;

  5. contact the relevant Keyholder for access to a Property;

  6. perform the Service in a professional manner with the care, skill and diligence required in accordance with best practice and standards prevailing in the industry for similar services;

  7. perform the Service in a safe manner and comply with all health and safety laws, regulations and codes of practice;

  8. have the necessary skill and expertise, and all relevant qualifications and accreditations, to perform any Service you agree to undertake;

  9. ensure that, and procure that your staff and representatives ensure that, whilst attending any Property and performing any Service:

    1. you conform to all rules and regulations and procedures applicable to the Property, including in respect of security, health and safety and dress practice and any other reasonable requirements;

    2. use best endeavours to cause minimum disruption to the Service User and/or the Keyholder, including minimising any noise and distractions and interference with machinery, not obstructing any right of way and only accessing such parts of the Property (and for such period) as is absolutely necessary;

    3. take all reasonable precautions to maintain the security of the Property and protect it from unauthorised access at any time; and

    4. not remove anything from the property that does not belong to you;

  10. immediately advise us with as much notice as possible if you become aware of any circumstances that may cause delay, disruption or failure to the performance of the Service (such as you not being granted access to the Property at the appropriate time(s)), and you must:

    1. use all reasonable endeavours to mitigate against such problems; and

    2. follow our instructions in respect of rearranging the Service Slot (including leaving appropriate notices at the Property for such rearrangement by the Service User);

  11. provide independent and unbiased advice to the Service User and/or the Keyholder in accordance with best industry practice;

  12. ensure that all people involved with the performance of any Service are fully trained and qualified and that they shall be fully supervised (where appropriate) in their performance of that Service;

  13. ensure that you fully co-operate with us, including in order to enable us to carry out fully, accurately and promptly our obligations under this Agreement to the best of our ability;

  14. promptly provide us with such information, data and assistance that will enable us to carry out fully, accurately and promptly our obligations under this Agreement (including in respect of any Service) to the best of our ability, where such information, data and assistance shall, at all times;

  15. promptly comply with all of our, the Service User’s and/or the Keyholder’s reasonable directions, requests, instructions and requirements under this Agreement and in respect of any Service;

  16. have all necessary rights, permissions and consents to enter into, and perform your obligations under, this Agreement;

  17. comply with all applicable laws, statutes, regulations and by-laws in relation to the exercise of your rights and performance of your obligations under this Agreement and in relation to any Service;

  18. inform us in writing a reasonable time before the Service Slot of any issues or problems in respect of the performance of that Service, or if you need to cancel the Service or rearrange the Service Slot;

  19. ensure that Authorised Users fully co-operate with, and make themselves available at all reasonable times for discussion and meetings with, us and Service Users; and

  20. ensure that expired certificates and/or reports relating to historic Services that you have performed remain available within Homeowner Cover Limited for access by the relevant Service User at all times, including after termination of this Agreement.

 

  1. It is your responsibility to ensure that you provide us with the information required to enable us to give you access to Homeowner Cover Limited and list Service Requests suitable for you on Homeowner Cover Limited. We shall not be responsible or have any liability for any failure by us in respect of Homeowner Cover Limited, or by us in respect of any Service Request or Service, to the extent caused by your failure to properly ensure the provision of the relevant information to us.

  2. You shall not in any way use Homeowner Cover Limited, or submit to us or Homeowner Cover Limited, anything which in any respect:

    1. is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;

    2. is fraudulent, criminal or unlawful;

    3. is inaccurate or out-of-date;

    4. is obscene, indecent, vulgar, discriminatory, offensive, threatening, defamatory or untrue;

    5. impersonates any other person or body or misrepresents a relationship with any person or body;

    6. may infringe or breach the copy or Intellectual Property Rights of any third party;

    7. maybe contrary to our interests;

    8. is contrary to any specific rule or requirement that we may stipulate for Homeowner Cover Limited; or

    9. involves your use, delivery or transmission of any viruses, unsolicited communications, Trojan horses, trap doors, cancelbots, back doors, worms, easter eggs, time bombs or computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any data, personal information or system.

  3. You must not use any automated means to access Homeowner Cover Limited or collect any information from it.

  4. It is your responsibility to ensure that Homeowner Cover Limited is sufficient and suitable for your purposes and meets your individual requirements. It is your responsibility to ensure that your use of Homeowner Cover Limited and the arrangement of Services through Homeowner Cover Limited is in your best interests, and you bear sole responsibility and liability for the consequences of your use of Homeowner Cover Limited and your performance of Services.

  5. You must maintain and update the information provided by you to us as applicable (including in respect of any Service or Service Request). You shall audit the information you provide to us that is listed on Homeowner Cover Limited on a regular basis to ensure ongoing compliance with this Agreement.

  6. You shall not impersonate any person or use a name that you are not legally authorised to use. If you provide false or incorrect information or do not notify us of changes to your information immediately, we reserve the right to terminate this Agreement.

  7. We shall not be responsible or have any liability for:

    1. information provided to us by you that is in breach of any provision of this Agreement and that is subsequently posted on Homeowner Cover Limited; or

    2. our acceptance of any Service Request that is in breach of any provision of this Agreement or any applicable law.

  8. You undertake that you shall not during the term of this Agreement and for 12 months after its termination for any reason:

    1. provide services to, or work with, any Service User, otherwise than through Homeowner Cover Limited;

    2. work directly with any Service User by means of working-around Homeowner Cover Limited, where the services provided by you would otherwise have been provided through Homeowner Cover Limited; and/or

    3. solicit or entice away from Homeowner Cover Limited any Service User, if that solicitation or enticement causes or would cause that Service User to cease using, or materially reduce its use of, those services through Homeowner Cover Limited.

  9. Without prejudice to any other right or remedy that we may have, whether under this Agreement or at law if we reasonably believe that any Service is not or was not performed in accordance with, or you have not complied in any way with, any of the terms of this Agreement, we may exercise any one or more of the following remedies at our discretion:

    1. to reject, or allow the Service User to reject, your performance of the Service on the basis that a full refund for the rejected Service shall be paid promptly by you (to the extent we have already paid the Fees to you for that Service);

    2. to cancel any Service that you have accepted through Homeowner Cover Limited and are due to perform;

    3. at our, or, if applicable, at the Service User’s option, and at your expense, to give you the opportunity within a given period stipulated by us or the Service User (as applicable) to remedy any defect in the performance of the Service or to supply or provide replacement services and carry out any other necessary work to ensure that the terms of this Agreement are fulfilled;

    4. to carry out at your expense any work necessary to make the performance of the Service comply with this Agreement (including having a Service reperformed by a third party);

    5. to recover from you any expenditure reasonably incurred by us and/or the Service User in having the relevant Service or related services performed by a third party; an

    6. to claim such losses and damages as may have been sustained in consequence of your breaches of this Agreement (including additional expenditure incurred as a result of us and/or the Service User obtaining replacement services).

  10. Without prejudice to any other right or remedy, whether under this Agreement or at law, we may require the removal from any Property of any individuals upon our or the relevant Service User’s or Keyholder’s reasonable request.

  11. You shall indemnify us, and keep us fully indemnified, against all liabilities, demands, claims, proceedings, charges, judgments, fines, costs, expenses, damages and losses (in each of the aforementioned cases including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) which we may incur or suffer as a result of:

    1. any third party’s claim or suit (including those of any Service User and/or Keyholder) alleging any failure in the performance of a Service or any breach by you of this Agreement.

    2. any defective workmanship, quality, materials used, delivered, provided or supplied by you;

    3. any defective performance of a Service; or

    4. any direct or indirect breach or negligent performance or failure or delay in performance of this Agreement by you or your staff or representatives.

  12. During the term of this Agreement and for a minimum of seven years after its termination, you shall take out and maintain in full force and effect, at your own expense and cost, insurance operating on a worldwide basis with a well-established insurance company of repute to cover your professional indemnity, public liability and any other relevant liabilities under or in connection with this Agreement. You shall provide us with documentary evidence that such insurance is being maintained on request. You undertake to promptly lodge with us a copy of your current insurance policy together with all renewals and receipts for the premiums. You shall promptly inform us if you become aware of any circumstances under which such insurance may cease to be valid.

 

7. PURCHASES AND PAYMENT

 

We accept the following forms of payment:

 

-Stripe 

 

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Pounds.

 

You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

 

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 


 

8. REFUND AND CANCELLATION POLICY

 

We have a fourteen (14) days no questions asked refund policy from the date of purchase of service. This is called a cooling off period. 

After receiving your refund request we will process your refund. Please allow at least five (5) business days from the receipt of your request to process your refund. Refunds will be credited to the original payment method that You used while making the purchase. Refunds may take 1-2 billing cycles to appear on your credit card statement, depending on your credit card company.

 

After 28 days Your cancellation will take effect at the end of the current paid term. 

You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. 

If you are unsatisfied with our services, please email us at info@homeownercover.com or call us at 01202 927 399





 

9. PROHIBITED ACTIVITIES

 

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

 

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  • Use any information obtained from the Site in order to harass, abuse, or harm another person.

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Use the Site in a manner inconsistent with any applicable laws or regulations.

  • Engage in unauthorized framing of or linking to the Site.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Attempt to impersonate another user or person or use the username of another user.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

  • Use a buying agent or purchasing agent to make purchases on the Site.

  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.

  • Use the Site to advertise or offer to sell goods and services.

  • Sell or otherwise transfer your profile.


 

10. CONTRIBUTION LICENSE

 

 

You and Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

 

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.


 

 

 

11. GUIDELINES FOR REVIEWS

 

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

 

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

 

 

 

12. MOBILE APPLICATION LICENSE

 

Use License

 

If you access the Marketplace Offerings via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Service. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

 

Apple and Android Devices

 

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Marketplace Offerings: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Service or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Service, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Service against you as a third-party beneficiary thereof.


 

  

13. SOCIAL MEDIA

 

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party accounts, except the username and profile picture that become associated with your account.


 

 

14. SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.


 

 

15. THIRD-PARTY WEBSITES AND CONTENT

 

The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-PartyContent does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.


 

  

16. SITE MANAGEMENT

 

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.


 

 

17. PRIVACY POLICY

 

We care about data privacy and security. Please review our Privacy Policy: https://www.homeownercover.com/privacy-policy. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Site and the Marketplace Offerings are hosted in the United States. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

 

 

18. TERM AND TERMINATION

 

These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.


 

19. MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

 

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.


 

20. GOVERNING LAW

 

These conditions are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country of residence. Homeowner Cover Limited and yourself both agree to submit to the non-exclusive jurisdiction of the courts of England, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in the United Kingdom, or in the EU country in which you reside.





 

21. DISPUTE RESOLUTION

 

 

 

Informal Negotiations

 

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Service (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 

 

Binding Arbitration

 

Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Wimborne, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.

 

Restrictions

 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.




 

Exceptions to Informal Negotiations and Arbitration

 

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 


 

22. CORRECTIONS

 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.


 

23. DISCLAIMER

 

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


 

24. LIMITATIONS OF LIABILITY

 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) YEAR PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.


 

25. INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.


 

26. USER DATA

 

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.


 

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

 

28. MISCELLANEOUS

 

These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.


 

29. CONTACT US

 

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:

 

Homeowner Cover Limited

Unit 7 Cedar Trade Park

Wimborne, England BH21 7SD

United Kingdom

Phone: 01202 927 399

info@homeownercover.com