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Terms & conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE YOU ACCEPT THE TERMS AND CONDITIONS BELOW. YOUR ATTENTION IS DRAWN TO THE PROVISIONS OF PARAGRAPH 7 (LIMITED LIABILITY) AND PARAGRAPH 16 (AUTOMATIC RENEWALS).

This website (the “Site”) is operated by Xbridge Limited (“Simply Business”, "we", “our” and “us”). We are registered in England and Wales under company number 3967717 and have our registered office at 99 Gresham Street, London, EC2V 7NG. We are also authorised and regulated by the Financial Conduct Authority (Financial Services Registration No: 313348).

This page sets out the terms and conditions (“Terms”) between you and us which apply to your use of the Site.If you do not agree to these Terms, you must not use the Site.

We amend these terms from time to time. Every time you wish to use the Site, please check these Terms to ensure you understand and agree to the terms that apply at that time.

Other terms may apply to your use of the Site, including:

• our privacy policy (“Privacy Policy ”). See further under Paragraph 10 (Provision of Information); and

• if you purchase insurance via the Site, our terms of business agreement (“TOBA”), which sets out both your and our contractual and legal obligations in relation to the insurance arranged for you by us.

1. Conduct

You agree you will not (i) use the Site to upload or distribute in any way files that contain viruses, bugs, corrupted files, or any other similar software or programs that may damage the operation of computer hardware or software; (ii) interfere or disrupt the Site or any networks connected to the Site; (iii) use any device, software or routine or attempt to interfere with the proper functioning of the Site or any transactions being offered at the Site; (iv) take any action that imposes an unreasonable or disproportionately large load on Simply Business's infrastructure; (v) use the Site to collect or harvest personal information, including, without limitation, financial information, about other participants at the Site; (vi) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (vii) post any misleading, fraudulent, defamatory, obscene or otherwise illegal information on the Site; or (viii) use the services available at the Site (the “Services”) for illegal purposes. You agree to comply with all regulations, policies and procedures of networks connected to the Site.

2. Intellectual Property

All information and material (including data, images, text and audio) on the Site is the property of Simply Business and/or its licensors and is subject to copyright. All trademarks on the Site are the property of Simply Business and/or our licensors. You are entitled to view, copy and print any documents from the Site but only for your own internal business purposes. Any sale, transmission or redistribution of the Site or its content, and any copying, modification or other use of the Site or its contents for any purposes other than your own internal business purposes, is strictly prohibited.

3. Software Licence

All software used on the Site is the property of Simply Business or its software suppliers. Simply Business hereby grants you a non-exclusive, royalty-free, non-transferable, revocable license to use software it owns and/or licenses solely for the purposes of your use of the Site. Other than to the extent permitted by law, you may not decompile, reverse engineer or otherwise translate such software.

4. No Reliance

Simply Business is a non-advisory insurance intermediary, and does not provide legal, financial or professional advice. Content on the Site is provided for general information only and is not intended to amount to advice on which you can rely. You must obtain professional or specialist advice if you require advice on your specific circumstances. Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date.

5. Links

If you decide to access any third party sites or resources linked to the Site, you do so entirely at your own risk. You acknowledge and agree that Simply Business shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through any external links from the Site.

6. No Warranties

Without limiting the foregoing, Simply Business does not make any warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the content or information available on the Site is complete, accurate or available, or (v) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations. No information, whether oral or written, obtained by you from Simply Business or through the Site shall create any warranty not expressly made herein. We may suspend, withdraw or restrict the availability of all or any part of the Site at any time for business and/or operational reasons.

7. Limited Liability

Simply Business (including its agents, directors, employees and representatives), its shareholders and affiliates shall not be liable for any loss of business, loss of use or of data, interruption of business, lost profits or goodwill, or indirect, special, incidental, exemplary or consequential damages of any kind arising out of or in connection with your use of the Site, even if they have been advised of the possibility of such loss and whether or not they had any knowledge, actual or constructive, that such damages might be incurred. This exclusion includes, without limitation, any liability that may arise out of third-party claims against you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. Nothing in these Terms excludes a party's liability for death or personal injury caused by negligence, or any other liability which cannot be excluded or limited by law.

8. Indemnity

You shall indemnify, defend, and hold harmless Simply Business and its shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including legal and accounting fees) that they may sustain or incur arising from (i) your use of the software available at the Site, (ii) your failure to comply with any applicable laws and regulations or to obtain any licences or approvals from the appropriate government agencies necessary to purchase or sell the subject services, (iii) your use of the content available on the Site in any way contrary to the provisions of these Terms (iv) your breach of any of your representations, warranties or obligations set forth in these Terms, (v) the purchase, or purported purchase, of products and/or services by you, or any loss suffered by or harm to any person or property in any way relating to or caused in whole or in part by the services purchased by you (including to the extent permissible by law, without limitation, any personal injuries or death of any third person caused in whole or in part by such services), (vi) any taxes attributable to the services or due on the purchase or sale of the services, and/or (vii) alleged errors or omissions or misrepresentations in the information provided by you to Simply Business hereunder or in the listings of services on the Site. You agree not to settle any action, claim or demand on our behalf without our prior written consent. Simply Business shall have the right to conduct any litigation, with counsel of its choice, at your expense.

9. Monitoring

Subject to the terms of our Privacy Policy, you acknowledge that Simply Business or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through the Site. Simply Business, in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any information which Simply Business in its sole discretion deems inappropriate or that violates any provision of these Terms. During monitoring, information may be examined, recorded, copied, and/or used for authorised purposes in accordance with the Privacy Policy. Use of the Site constitutes consent to such monitoring.

10. Provision of Information

In order to participate in and receive the Services, you must provide certain current, complete, and accurate information about you and/or your business when prompted to do so and update this information as required to keep it current, complete and accurate. You warrant that such information is accurate and current, and that you are authorised to provide this information If any information that you provide is untrue, inaccurate, outdated or incomplete, Simply Business retains the right, in its sole discretion, to suspend or terminate your right to use the Services, the Site and, where applicable, your customer account (as described in Paragraph 14 below). Any data or other information about you that you provide to us is subject to our Privacy Policy. Solely to enable Simply Business to use information you supply us with, you grant to Simply Business a non-exclusive licence to (i) convert such information into digital format such that it can be read, utilised and displayed by Simply Business’ computers or any other technology currently in existence or hereafter developed capable of utilising digital information (ii) use, reproduce, modify, display, market, publish, distribute, and/or transmit the information in connection with operating, demonstrating, or marketing the Site or Simply Business's services, and (iii) combine the information with other content provided by Simply Business, in each case by any method or means or in any medium whether now known or hereafter devised. Simply Business retains all ownership rights in and to any modifications, enhancements or other contributions made by or on behalf of Simply Business to any information provided by you. Subject to our Privacy Policy, upon written request by you, Simply Business shall remove any of your information or proprietary names from the Site within a reasonable period. Simply Business will only use the information in accordance with our Privacy Policy and as contemplated by these Terms. Except as otherwise stated herein or under our Privacy Policy, any material, information or other communication you transmit or post to the Site ("Communications") will be considered non-confidential and non-proprietary. Simply Business will have no obligations with respect to the Communications. Simply Business and its designees will be free to copy, store, process, modify, display, market, disclose, distribute, incorporate, transmit and/or otherwise use the Communications and all data, images, sounds, text, and/or other things embodied therein for any and all commercial or non-commercial purposes.

11. Termination

You agree that Simply Business may, in its sole discretion, deny you access to the Site and disable any user name and password associated with you for any reason, including, without limitation, if Simply Business believes in its sole discretion that you have violated or acted inconsistently with the letter or spirit of these Terms.

You agree that Simply Business shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services and/or products offered under the Site.

Notwithstanding termination of your access to the Site, any provisions within the Terms which are of a continuing nature shall survive and shall continue in full force and effect, including without limitation paragraphs 4 (No Reliance), 6 (No Warranties), 7 (Limited Liability), 8 (Indemnity), 11 (Termination), 12 (General) and 16 (Automatic Renewals).

12. General

The Site is created and controlled by Simply Business in the United Kingdom. The laws of England and Wales govern these Terms and any claims and disputes arising out of or in connection with them (including non-contractual claims and disputes), and you and Simply Business agree to submit to the exclusive jurisdiction of the courts of England and Wales.

Any waiver of any right or provision of these Terms will be effective only if signed by Simply Business and the failure of Simply Business to exercise or enforce any term or condition shall not constitute a waiver of such right or provision.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

Simply Business reserves the right to refuse to list or to modify or discontinue, temporarily or permanently, the Services and/or products offered via the Site (or any part thereof) as it may choose in its sole discretion and with or without notice. Without limiting the generality of its right to exclude or discontinue the listing of Services, Simply Business may, in its sole discretion, exclude Services from the Site if they are believed not to meet applicable industry standards or if Simply Business receives complaints from users of the Site regarding listed Services.

The rights and limitations in these Terms apply to and are for the benefit of you and Simply Business, and a no third party has the right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in these Terms as between you and us.

You are not permitted to assign any of your rights under these Terms without the prior written consent of Simply Business.

You may not issue press release or make any public statement regarding your use or participation in the Site without the prior written permission of Simply Business.

You and Simply Business are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Simply Business is intended or created by these Terms.

13. Insurance Transactions

The Site allows users to prepare and submit requests for insurance quotes from insurers, who may respond to such requests with a price quotation.

When processing insurance requests Simply Business acts as the intermediary between the buyer and insurer and operates a "delegated authority" with respect to the provision of specific types of insurance.

These types of insurance include, but are not limited to, small business insurance, self-employed insurance, residential landlords' insurance and professional indemnity insurance.

For the types of insurance that we offer under this delegated authority we are subject to the regulation of the Financial Conduct Authority. Please refer to http://www.fca.org.uk/ for up to date details of the extent of our authority.

14. Customer Account

If you purchase insurance via the Site, you will be provided with the option to register for a customer account which allows you to access information about your policy online. To complete registration, you must click the link in your registration email and create a password for your account. You are responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities that occur under your username or password. You agree to (i) immediately notify Simply Business of any unauthorised use of your username or password or any other breach of security, and (ii) ensure that you exit from your account at the end of each session.

15. Your Payment Details

Where Simply Business takes your bank account/credit card payment details for the payment of financial services/insurance, we only do so with your authorisation. Wherever we do this, we use encryption when transmitting payment data to our payment providers in order to protect your data. Our current payment providers are SagePay (for debit and credit card payments) and Premium Credit Limited (direct debit payments). Simply Business may change its payment providers at any time without notice, and will only use payment providers who comply with applicable data protection legislation and hold your details securely.

We do not hold your payment details directly on our systems, although we are able to securely reference these details directly with the payment provider.

16. Automatic Renewals

Where you purchase a policy of insurance through the Site using a credit or debit card, we may automatically renew your cover and take further payment before the current policy has lapsed to enable you to receive continuous insurance cover.

Such payment will be taken nine (9) days prior to the expiry date of your current policy, and we will always notify you before a new policy starts. By purchasing insurance via Simply Business from the Site using a credit or debit card, you authorise Simply Business and/or its payment provider on a continuing basis to (a) retain and securely store your credit or debit card details for this purpose; and (b) send instructions to the financial institution that issued your card to take further payments from your card account in accordance with these Terms.

You understand that the amount payable under your new policy may differ from that under your current policy. You confirm that the continuing payment authorisation applies to the amount under the new policy. This does not affect your right to cancel either this authorisation or your insurance in line with Simply Business' cancellation policy as set out in the TOBA.

Dated: May 2020

Terms and conditions

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© Copyright 2020 Simply Business. All Rights Reserved. Simply Business is a trading name of Xbridge Limited which is authorised and regulated by the Financial Conduct Authority (Financial Services Registration No: 313348). Xbridge Limited (No: 3967717) has its registered office at 6th Floor, 99 Gresham Street, London, EC2V 7NG.