Terms and Conditions

This website clever-warranty.com is operated by Clever Warranty Ltd. (the "Company," "We," "Our," "Us"). These Terms & Conditions of Use form part of an Agreement between the Company and You ("you" and/or "your"), as the user of this website (the "Site") and for the Company's Services, and governs Your access to and use of this Site.

Terms and Conditions

Clever Warranty Terme and Conditions of use

Please be sure to read this Agreement in its entirety before using this Site. If You do not agree to these terms, please do not use this Site or the Company's Services.

Notice: By using this Site, You acknowledge that You are at least 18 years of age and that You have read, understand and agree without limitation or qualification to be legally bound by these Terms & Conditions of Use and our Privacy Notice, which are expressly incorporated herein by reference. Our Privacy Notice may be found at Privacy Notice.

About Us

The Company is incorporated under the laws of England and Wales, with company registered number 13398620.

Using the Site

To register for the Company's Services, You must agree to these Terms & Conditions of Use, as well as the Company's Privacy Notice. You must also accurately complete and submit one or more application forms that require certain personal, employment, and financial information (the “Information”).

The relevant application form to be submitted will depend upon which of the Company’s Services you require. The application forms are available as part of the documentation relating to that Services.

You are solely responsible for maintaining your own account information, including password. You agree to notify the Company immediately if the information You have given Us as part of Your application changes in any way, as detailed in the Company’s Privacy Notice.

The collection, use, and sharing of this information is subject to these Terms & Conditions of Use and our Privacy Notice, which are available as described above.

Actual or attempted unauthorised use of the Site may result in criminal and/or civil prosecution. The Company reserves the right to view, monitor, and record activity on the Site with permission from You, however The Company can monitor and collect information such as, date and time of site visit, domain used to access the site, and date and time of application without consent provided. Without consent, no identifiable information will be gathered or processed. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organisations in connection with investigation or prosecution of possible criminal activity on the Site. The Company will comply with all requests for such information, in accordance with the law and its regulatory obligations.

Confidential Information

We will treat your confidential information, as well as public, non-confidential information, in accordance with the Company’s Privacy Notice, available at qcf.co.uk. You expressly affirm that information you provide on the Site is complete and accurate. We only process information about you in accordance with our Privacy Notice.

Use of the Form

You agree to use the registration form provided on the Site in a lawful manner and for a lawful purpose. You are prohibited from using the form in a manner that causes harm to the Company’s operations.

Consent to Be Contacted

Please note that by submitting your Information to the Site, you consent to be contacted by a representative of the Company by telephone, standard mail, or e-mail in regard to the service. Marketing consent is gathered separately and you will not be contacted in regard to products and services of interest to you unless specific consent has been provided. More information is provided in The Company’s Privacy Notice.

Third Party Information

We make no representations or warranties whatsoever concerning the products or services offered by any third-party company. Any reliance you place on statements made by third parties is done so at your own risk. We do not endorse any opinion or claim made by any third party, whether or not on the Site, and expressly disclaim any responsibility and liability for such material. Third party sites linked to the Site are not under the Company’s control, and we expressly disclaim any responsibility for the content of third party sites. We encourage you to review the terms of service and privacy notice of those sites.

Mobile Access

The Site may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to receive and reply to messages from us, and access certain other features (collectively, "Mobile Services"). Although we do not charge you for these Mobile Services, your mobile carrier’s normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. You are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and costs associated with their use. Where Mobile Services do not contain their own terms of use, these Terms and Conditions of Use shall apply.

Your Representations

By using the Site, You represent and warrant that:

  1. You are at least 17 years of age;
  2. You are authorised to enter into these terms and conditions;
  3. You will not use the Site or the Materials for any purpose or in any manner that violates any law or regulation or that infringes the rights of the Company or any third party;
  4. all information that You provide to us in connection with the Site (e.g., name, e-mail address, and/or other information) is true and accurate; and
  5. li>
  6. You are authorised and able to fulfil and perform the obligations and meet the conditions of a user as specified in these Terms and Conditions of Use.

Third Party Sites

Links found on the Site relating to third parties are provided for your information only. We are not responsible for any loss or damage such links may cause due to your usage. External websites operate under their own terms and privacy policies, which differ from those found on this Site.

Disclaimers

THE SITE AND SERVICES ARE PROVIDED "AS-IS" AND “AS AVAILABLE.” THE COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SITE OR SERVICES IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS WITH YOU. THE COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR BASED ON COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE INFORMATION PROVIDED BY THE CUSTOMER OR ANY THIRD PARTY IS ACCURATE OR COMPLETE, OR THE RESULTS TO BE ACHIEVED FROM USE OF THE SITE OR SERVICES.

Liability

You acknowledge and agree that the Company shall not be liable or responsible for any claim, damage, or loss resulting, directly or indirectly, from your use of the Site or any cause beyond the Company’s control, including, but not limited to, offers or promotions made available on the Site, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labour problems, wars, governmental restrictions, or any claim, damage, or loss arising out of transactions or interactions between You, third party merchants or anyone else. You specifically acknowledge that the Company shall not be liable for defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

MOREOVER, YOU AGREE THAT IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, FOR LOST DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICES, OR FOR ANY INFORMATION OR MATERIALS AVAILABLE THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, TOTAL LIABILITY OF THE COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE, RESULTS FROM USE OF THE SITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED FIVE THOUSAND BRITISH POUNDS (£5,000.00), AS LIQUIDATED DAMAGES AND NOT AS A PENALTY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND EXCLUSIVE.

Indemnification

You agree to release, discharge, defend, indemnify and hold harmless the Company and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the delivery of products, the Company’s Services or information through the Site (collectively, "Indemnified Parties"), arising from, in connection with, or relating to, any breach of these terms by You, including breaches arising from your submission of Information through the Site. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorised use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees and litigation expenses of the Indemnified Parties in connection with these. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed through the Services or related website(s).

Governing Law

These terms shall be governed and construed in accordance with the laws of England and Wales, or by Scots Law if you are a resident of Scotland, with such courts having exclusive jurisdiction over any claim arising from, or relating to, your access to or use of this Site. The Company reserves the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant jurisdiction.

Arbitration

Any dispute arising out of or in connection with these terms shall be referred to and finally resolved by the London Court of International Arbitration (“LCIA”) and by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, United Kingdom. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of England and Wales (unless otherwise determined above). Where applicable, class members shall consent to class arbitration.

Termination

The Company reserves the right at any time and for any reason to terminate this Agreement with you, without notice to you. The Company shall not be liable for any damages or loss, such as loss of sales or profits, as a result of any termination of your access to the Site or to the network in accordance with this section. You may demonstrate your withdrawal of consent to these terms at any time by ceasing to use the Site. However, all applicable provisions of these terms will survive termination, as outlined below. Any licences the Company has granted, and any right to use the Site, shall immediately cease upon termination of your Site access.

Feedback

The Company welcomes your feedback and suggestions about our Site and our products or services. By transmitting any feedback or suggestions and any related information, material, or other content (collectively, "Feedback") to the Company, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such Feedback to the Company. Feedback will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and licence for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content, and you hereby waive any claim to the contrary.

Rights of Third Parties

No rights accruing to the user of this Site shall extend to any third party, including any counterparty, intermediary, bank, or other third party that may be connected to you or your activity.

Survival

The provisions concerning Intellectual Property, Feedback, Disclaimers, Governing Law, Termination, and the Miscellaneous terms will survive the termination or expiration of any agreement which you may make with the Company, of which these Terms and Conditions of Use form a part.

Amendment

The Company reserves the right to change the terms and conditions of this Agreement and by which the Site is extended to you by providing you in writing or electronically a copy of such revised terms (or notice thereof). The Company also has the exclusive right to provide updates, upgrades, or changes to, or to suspend, discontinue, or modify any aspect of the Site at any time. Your continued use of the Site following any such change to such Site will be deemed acceptance to be bound by any such change to this Agreement or the Site. If You have any questions about these Terms and Condition of Use, You may contact us via e-mail at info@clever-warranty.com or by telephone at 01202 618024, or in writing sent via certified mail to: Clever Warranty, THIS WORKSPACE, 18 Albert Road, Bournemouth, BH1 1BZ, Attn: Office of the General Counsel.