Terms of Service
Last updated: 21/09/2017
Welcome to Canopy – say hello to deposit free renting.
By signing up for an account with Canopy, you are agreeing to be bound by the following terms and conditions (“Terms of Service”). These Terms of Service are to be read in conjunction with:
- our Cookies Policy, which sets out information about the cookies we use.
These Terms of Service are important. Please read them carefully as they contain details of our statutory and regulatory responsibilities to you, and your contractual obligations to us. They also set out the basis on which we provide, and you are permitted to use, the various services made available on the website www.findyourcanopy.com and the mobile application known as ‘Canopy’ (together, the “Platform”), including the following:
- creating a RentPassport™;
- arranging deposit replacement insurance;
- managing cash deposits and processing payments; and
- providing a communication platform between tenants, landlords and real estate agents,
(the “Services”). Any new services, features or tools which are added to the Platform from time to time shall be considered a Service and shall also be subject to these Terms of Service, unless indicated otherwise.
If you do not agree to these Terms of Service, please do not create an account or use the Platform.
You can review the current version of the Terms of Service at any time on this page. We reserve the right to change the Terms of Service at any time by posting updates to this page. If we make substantial changes, or if we are required to do so by law, we will notify you of such change in advance to the email address associated with your Canopy account, but it is your responsibility to check this page from time to time to make sure you’re aware of any changes to these Terms of Service.
2. INFORMATION ABOUT US
Canopy is a service of InsureStreet Limited (“Canopy”, “we”, “our” or “us”), a company registered in England and Wales. Our registered office is at 5th Floor, Berners House, 47-48 Berners Street, London W1T 3NF.
With respect to insurance products, InsureStreet Limited (trading as Canopy) is an agent of Hiscox Insurance Company Limited of 1 Great St. Helen’s, London, EC3A 6HX (the “Insurance Provider”) and acts only on behalf of the Insurance Provider and for no other person with respect to insurance products. Contracts of insurance arranged by Canopy are underwritten by the Insurance Provider, and Canopy acts as a coverholder for the Insurance Provider in all circumstances.
InsureStreet Limited (trading as Canopy) is an appointed representative of Ambant Underwriting Services Limited of Marlow House, 1a Lloyd’s Avenue, London EC3N 3AA, a company which is authorised and regulated by the Financial Conduct Authority. Ambant’s Financial Services Register number is 597301. You can verify these details by visiting the FCA’s website (www.fca.org.uk/register).
You can contact Canopy at anytime by emailing email@example.com
3.1 Account Set-up and maintenance
To use our Services, you must first register for an account on the Platform (“Canopy Account”). In the case of a company, by registering for a Canopy Account, you warrant that you have authority to bind the company (as the contracting party) to these Terms of Service. In the case of an individual, by registering for a Canopy Account, you warrant that you are:
- 18 years of age or older;
- An EEA or Swiss national living in London;
- A person who has the right of abode in the UK, or who has been granted indefinite leave to remain or has no time limit on his/her stay in the UK.
You hereby represent and warrant that the information you provide to Canopy upon registration, including information provided through your Linked Accounts (as defined below), and at all other times, will be true, accurate, current, and complete. You will ensure that this information is kept up-to-date at all times.
You are responsible for any use of our Services with your Canopy Account details and password, and for protecting your Canopy Account details and password from unauthorised use. You must not share this information with any other person. You are also responsible for the security of any computer from which you choose to sign in to your Canopy Account.
We reserve the right to refuse to register or to delete your Canopy Account if you have previously had a Canopy Account deactivated by us due to your breach of these Terms of Service (or earlier versions thereof).
3.2 Linked Accounts
Canopy may, now or in the future, allow you to link your Canopy Account to your account(s) on third party services, such as social networking sites (“Linked Accounts”). If you link your Canopy Account to a Linked Account, you are authorising Canopy to access and collect information associated with your Linked Account (the precise information depending on the permissions of the applicable third party service provider) on your behalf in order to integrate your experience on the Platform with content, information, and features available through such Linked Accounts. Linking, accessing or using a third party service through the Platform in this manner may be subject to additional terms established by the applicable third party service provider, and it is your sole responsibility to comply with such third party terms.
4. ACCESS TO THE WEBSITE
Canopy will make reasonable efforts to make the Platform and Services available 24 hours a day, 7 days a week. Notwithstanding this, you hereby acknowledge that your use of the Platform and the Services may be interrupted from time to time, for example, when we perform maintenance services or as a result of delays or delivery failures resulting from the use of communications networks and facilities.
Access to the Platform and use of the Services is provided on an “as is” basis which means that we do not warrant the Platform or Services will be error-free at all times, and we shall not be liable to you for failure of the same.
We will provide the Services using reasonable skill and care and in accordance with our legal and regulatory obligations.
We reserve the right (without liability to you or prejudice to our other rights) to suspend your access to or use of the Services (including through deactivation of your Canopy Account) without notice in the event you breach, or we reasonably suspect that you have breached or will breach, these Terms of Service.
Please note below the additional terms and conditions that apply to your use of particular Services. If you are someone that is renting or looking to rent a property, you are referred to as a “Renter”. If you own a property, or multiple properties, that you rent, or wish to rent to Renters, you are referred to as a “Landlord” (Landlord includes institutional and build-to-own landlords). Any agent that acts on behalf of a Landlord to market properties for rent to Renters is referred to as a “Letting Agent”.
5.1 RentPassportTM and TrustScoreTM
Our RentPassportTM provides Renters with a digital renter identity and rental history, which they can share with Landlords. Our TrustScoreTM is our measure of each Renter’s creditworthiness and trustworthiness, and allows a Landlord to assess whether or not a Renter will be a good tenant.
We will ask Renters for certain information about themselves, which we will then use, together with information that we obtain from various third parties, create each Renter’s RentPassportTM , and their TrustScoreTM.
As a Renter, you warrant that all information you provide to us when creating your RentPassportTM is true, accurate, complete and up-to-date, and complies with all other requirements under Section 7.2 ‘Prohibited Content’. You acknowledge that the information you give to us will be relied upon in order to create your RentPassportTM and to determine your individual Trust ScoreTM and may be relied upon by Landlords when deciding whether or not to enter into a tenancy agreement with you. It is your sole responsibility to ensure this information is accurate, and to inform us of any changes to the information you have provided.
We will only disclose your RentPassportTM and your TrustScoreTM to people to whom who you instruct us to do so, including but not limited to Landlords, Letting Agents, the Insurance Provider (or any other insurance provider we may select from time to time) and Experian (or such other credit reference agency as we may select from time to time to help us compile your TrustScoreTM).
In order to enable us to compile your RentPassportTM and TrustScoreTM, as a Renter, you consent to us obtaining the following information about you from relevant third parties:
- Confirmation of your identity;
- Confirmation of your date of birth;
- Information regarding your credit history;
- Confirmation of your right to reside in the United Kingdom;
- Confirmation of those addresses at which you are registered as residing (e.g. voting register, credit agencies, telephone databases).
- Confirmation of any legal and regulatory warnings issued against you;
- Confirmation of your mortality;
- Confirmation of your appearance on any global watchlists, including Government sanction lists, politically exposed persons lists, anti-terrorism watchlists, anti-money laundering (AML) watchlists and disqualified directors lists;
- Information regarding your education history; and
- Information regarding your employment history.
This information will be processed by an artificially defined algorithm in order to create your TrustScoreTM.
We will also use your individual Trust ScoreTM to offer you a range of personalized insurance and non-insurance based services.
Your TrustScoreTM is based on the information you, as a Renter, provide to us in order to create your RentPassportTM, at a given point in time. We are not responsible for any inaccuracies in the information you, as a Renter, provide to us. While we may use your TrustScoreTM to offer a range of insurance products, including Deposit Replacement Insurance, we do not offer any advice or recommendations regarding insurance or other financial products. You are solely responsible for assessing whether or not any insurance or other product we offer to you is suitable for your needs. If you have any questions, you should seek advice from an independent financial adviser.
You acknowledge that your TrustScoreTM is final and, if you choose to take out Deposit Replacement Insurance, your TrustScoreTM will be used by the Insurance Provider to determine the insurance premium under your Policy (as defined in Section 5.2 ‘Deposit Replacement Insurance’ below).
5.2 Insurance Service – Deposit Replacement Insurance
With Canopy, Renters are able to take out an insurance policy, jointly with a Landlord, instead of providing a cash deposit (“Deposit Replacement Insurance”).
Our sole obligation under these Terms of Service in respect of this particular Service is to arrange contracts of insurance between you, as a Renter, us as a cover-holder and the Insurance Provider. Details of the contract of insurance can be found here and here (“Policy”). Policies are underwritten by the Insurance Provider. We have no obligation to provide insurance services in connection with a Policy purchased via Canopy, and we accept no liability to you in relation to the Insurance Provider’s provision of, or failure to provide, those insurance services.
All statements made by you or information given by you to us or the Insurance Provider in connection with a Policy are your responsibility. If you fail to disclose any relevant information or provide any inaccurate information, you acknowledge that this may invalidate your Policy.
All quotations provided via the Platform are intended as an indication only of your likely premium based on the limited information you have provided and your individual TrustScoreTM. They are not binding quotations and do not form an offer for insurance or an insurance contract. Quotations are valid only for a period of 60 days from the date of issue.
Any insurance coverage descriptions provided on the Platform are provided for general information purposes only, and do not form part of the contract between you and the Insurance Provider (or, for the avoidance of doubt, you and us in relation to the Services). You further acknowledge coverage details may vary by location. To obtain coverage under a Policy, you must first complete and submit an application via the Platform. All applications are subject to underwriting approval by the Insurance Provider. The decision of whether to give such approval is at the Insurance Provider’s discretion and it is not bound to do so.
Please check the Policy and other documentation relating to your insurance carefully as this will confirm the basis of the cover and provide details of the Insurance Provider. Please pay special attention to the warranties and conditions as any failure to comply with these may invalidate your cover. It is important that you keep the Policy and other documentation relating to your Deposit Replacement Insurance in a safe place.
If a claim is made by the Landlord under the Policy, coverage will be determined in accordance with the terms and conditions of the Policy. Accordingly, you are encouraged to view/download a specimen of your actual Policy prior to making any purchase decision in relation to taking out Deposit Replacement Insurance.
We endeavour to pass on to the Insurance Provider any requests to increase or amend cover under a Policy on the day your instructions are received, or the next working day if it is a weekend or public holiday. If additional information is required in order for the Insurance Provider to process those changes, we will contact you as quickly as possible and you agree to fully co-operate in relation to the provision of such requested information.
5.3 Non-Insurance Services – Cash Deposits
As a Renter, you may use the Platform to pay a cash deposit to a Letting Agent or a Landlord. Cash deposit payments will be processed in accordance with clause 5.5.
We are only responsible for facilitating cash deposit payments through third party service providers.
We will not, and are not responsible for registering any deposits with the Tenancy Deposit Scheme (“TDS”), Deposit Protection Scheme (“DPS”) or any other deposit scheme, nor are we responsible for handling deposit disputes or refunds. As a Renter, you are solely responsible for resolving any disputes you may have with a Landlord concerning a particular property, or with other Renters (if any) with whom you share a property. We will not adjudicate on any such disputes, including with respect to the allocation of any monies between a Renter and a Landlord, or between multiple Renters. Similarly, Canopy will not adjudicate on any dispute between a Landlord and its Letting Agent, or between a Renter and a Letting Agent.
5.4 Managing Payments
As a Landlord, a Renter, or a Letting Agent, you may use the Platform to manage payments relating to tenancy and maintenance of a rental property, provided both payee and payor hold Canopy Accounts and agree to use of this Service.
Payments will be processed by a third party payment processor MangoPay, in accordance with its standard terms and conditions and for the amount and timing/ frequency instructed and agreed by the payor and payee. You hereby give consent: (a) to us sending you electronic communications (including via email and text) in relation to upcoming and successful payments managed via the Platform; and (b) for the payment processor to access your bank account which is nominated by you from time to time, and to either deduct or deposit the applicable amount, less (where you are the payee) any fee which may apply. See Section 6 ‘Charges’ for more information about applicable fees.
We shall not be liable to any person if the payment processor is not able to deduct or deposit any amount due to insufficient funds or incorrect bank account details.
5.5 Third Party Platforms and Services
5.6 What we and the Platform/ Services do not do
The Platform connects Landlords, Letting Agents, and Renters, and provides a range of insurance and non-insurance services with respect to the rental and management of residential properties throughout various stages of a property rental experience. Unless you purchase a product or service from us on the Platform, our only obligation to you is to make this Platform and the Services available to you in accordance with these Terms of Service.
We do not offer or provide any advice including without limitation advice in relation to insurance property, regulatory, tax, business, financial or legal matters and nothing on the Platform, any Service or any information provided as part of the Services should be construed as such. Any decision to use the Services or enter into any transaction including without limitation a tenancy or contact of insurance should be arrived at by you independently. We are at all times the agent of and act only on behalf of the Insurance Provider and for no other person.
We are not a real estate agency or a property manager. We are not responsible for fielding enquiries directly from you and we are not involved in, and have no liability for, any communication, dispute or agreement (including tenancy agreement) made between a Letting Agent, Landlord or a Renter. We further do not warrant that this Platform or the Services provide Landlords and Renters with all the information, tools and access required to comply with applicable laws and regulations in relation to the letting of property. Use of the Platform and the Services are not a substitute for professional or specialist real estate advice.
You hereby acknowledge that we do not verify any data, information or other content posted, uploaded or transmitted by users of the Services and, as such, it is your sole responsibility to check, confirm and satisfy yourself as to the accuracy of any such content as well as any information presented to you as part of the Services which is derived from such content. We provide no warranty and accept no responsibility for the accuracy or completeness of such content displayed on the Platform.
You, not us, are responsible for keeping copies of any information you provide to us. The Services do not include storage or back-up services; and we shall not be liable to you for any loss of such information (subject to our legal obligations to you as data controller of personal data).
5.7 Additional Responsibilities of Renters in relation to a property
If you are a Renter, you agree to:
(a) pay your rent to the Landlord on time and in full, to keep the property in a satisfactory condition and to report any issues with the property (such as repairs and faults) to the Landlord as soon as possible;
(b) to nominate a lead Renter in cases of multiple occupancy, as appropriate, and to maintain regular communication with Canopy from the beginning of the rental period and to inform Canopy as soon as possible if there are any changes in your details which could affect your ability to meet your rent payments or otherwise relate to your TrustScoreTM ; and
(c) comply with your obligations to the Landlord under the tenancy agreement, including but not limited to, rental arrears and damage that is not consistent with the inventory, except for fair wear and tear.
6.1. Agreement to pay fees
As a Renter, Landlord or Letting Agent, you agree to pay all fees (if any) in connection with your use of the Services on our Platform. We reserve the right not to provide or instruct a third party to provide relevant Services to you until such payment has been received in full and cleared funds.
6.2. Fees for arranging Deposit Replacement Insurance
(a) Payment for Services provided by us in arranging insurance services including Deposit Replacement Insurance will be by way of brokerage/commission calculated as a percentage of the insurance premium paid by you to the Insurance Provider. This commission will be paid by the Insurance Provider.
(b) We may levy a reasonable charge in addition to any insurance premiums for the administration, arranging, amending, renewing and cancelling of any policy of insurance or a combination of this. Details of any such fees/charges or where we are not able to provide an actual fee/charge, the basis of calculation of any fee/charge will be declared to you in advance where required under regulation.
(c) We may receive additional payments such as a profit share or profit commission from the Insurance Provider payable under a delegated underwriting authority or other facility or individual contract in recognition of overall profitability and we may earn income from the Insurance Provider or other sources in other ways.
(d) subject to regulatory requirements, we earn our entire brokerage/commission or fees when we arrange a Policy for you. This means that if a Policy is subsequently terminated, amended or cancelled you may not get back the full amount of any premium or other amount paid but this does not affect any statutory cooling off rights you may have.
6.3. Holding of money – Insurance Services
(a) With respect to Deposit Replacement Insurance or any other insurance contract that you enter into, you agree to pay the amount of the premium on the due date specified on the Policy, plus any applicable tax. If payment is not made the Insurance Provider may cancel the Policy and may also require that you pay a premium in relation to the time that you have been on risk. It is therefore very important that you meet all payment dates. The Insurance Provider will require you to pay the premium at, or prior to, commencement of the Policy, or as otherwise specified under the Policy.
(b) Please note that in our role as agent of the Insurance Provider, we hold any money paid by you to be passed on to the Insurance Provider, and any money paid to us by the Insurance Provider to be passed on to you, under an agreement we have with the Insurance Provider to hold all such money as their agent. We will hold any such money as your agent and as such any money will not be your property or be classified as client money whilst we hold it
(c) Any premiums you pay to us are treated as having been received by the Insurance Provider and any claims payments and/or premium refunds paid to us by the Insurance Provider to be passed on to you will be treated as received by you when they are actually paid to you.
6.4 Cancellation of Insurance Policy
If you are a consumer and take out Deposit Replacement Insurance or enter into another contract of insurance via the Platform, you have the benefit of a cooling off period. If you decide within the first fourteen (14) days of taking out your Policy that it does not meet your requirements, you may cancel the Policy and, provided no claim has been made and you provide written agreement (via email) from your landlord that the Policy is not required, you will receive a full refund of your premium. Please note that cancellation of your Policy will result in termination of your contract of insurance.
In the case of Deposit Replacement Insurance, as a Renter, you are jointly insured with your Landlord, and therefore, you will only be able to cancel the Policy if you provide written agreement (via email) from your Landlord that the Policy is no longer required, because, for example, the tenancy agreement has been cancelled or you have provided a cash deposit. Without written confirmation from your Landlord, the Insurance Provider will be unable to treat the Policy as cancelled.
To cancel any insurance policy within the cooling-off period, please notify us by sending an email to firstname.lastname@example.org. Provided we have written agreement from your Landlord, we will refund all sums we have received from you in relation to the cancelled Policy without undue delay, and no later than 30 days after receiving your notice of cancellation. We accept no responsibility in the event that you are unable to obtain written agreement from your Landlord within the fourteen-day cooling off period.
You may still cancel your Policy after the cooling off period has expired, but you will not, in those circumstances, be entitled to a full refund of your premium. If you chose to cancel the Policy after the first fourteen days you must give us thirty days’ written notice and, in the case of Deposit Replacement Insurance, provide us with written agreement (via email) from your Landlord that the Policy is no longer required., If you wish to cancel your Policy after the cooling off period, you agree to make full payment of the deposit to the Landlord. Full payment of the deposit will need to be made to the Landlord prior to the cancellation being authorised. If you fail to do this within a reasonable period of time, you hereby give us authority to deduct this amount from your bank account (details of which you have provided to us during use of the Platform) on behalf of the Landlord. We shall provide you with notice before deducting such amount.
If you cancel your policy within the first 12 months, the refund of your premium will be calculated on a pro rata basis, apportionment (taking into account the number of months you have lived in the property) and less a cancellation fee of £60. If the remaining amount is less than £10, we will not issue a refund, but retain such amount as an additional service charge.
Deposit Replacement Insurance policies are considered to have been paid up in full after 12 months, therefore no pro rata refund will be issued after 12 months. This includes DepositFree ™ policies that cover tenancy periods that are longer than 12 months, such as 2 or 3 years.
We will not refund any premium under £10, it will be retained as an additional service charge.
For the avoidance of doubt neither Deposit Replacement Insurance, nor any other insurance policy, affects your obligation to pay in full and on time any and all rent owed to the Landlord.
6.5. Introducer Arrangements
A third party may have introduced you to us and for this the introducer may be paid a fee by Canopy. Similarly, we may introduce you to other third parties, for which the third party may pay a fee to us.
7. YOUR USE OF THE WEBSITE AND SERVICES
7.1 Prohibited Use
You shall not:
(a) licence, sell, rent, transfer, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise make the Platform or any of the Services available to any third party;
(b) access or use all or any part of the Platform or the Services in order to build a product or service which competes with the Services, or for the purposes of monitoring the Services’ availability, performance or functionality;
(c) use the Platform or any of the Services to provide services to third parties (unless those third parties also have Canopy Accounts and such use is in accordance with the intended and usual purpose of the Services), or permit the Platform or the Services or any part of them to be combined with, or incorporated into, any other service or program;
(d) attempt to copy, modify, duplicate, create derivative works of, frame, mirror, republish, download, display, transmit or distribute all or any portion of the software applications used by us as part of the Platform or any of the Services (except as may be allowed by any applicable law incapable of exclusion);
(e) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software applications used by us as part of the Platform or any of the Services (except as may be allowed by any applicable law incapable of exclusion);
(f) attempt to obtain, or assist third parties in obtaining, unauthorized access to the Platform or Services;
(g) interfere with or disrupt the Platform or the Services, or use or access the Platform or the Services in a manner that unfavorably affects the performance or proper functioning of the Platform and the Services, or any computer systems or networks used by the Platform or the Services;
(h) use any robot, spider or other automatic device or process to send or redirect messages, or monitor, download, copy or keep a database copy of any of the content transmitted to or made available through the Platform or the Services;
(i) access, store, distribute or transmit any computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs during the course of your use of the Platform or Services;
(j) remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or the Services (whether ours or our licensors’);
(k) remove, cover or otherwise obscure any form of advertisement included on the Services;
(l) collect, harvest, use, copy, share or transfer any information, including but not limited to personal data, obtained from the Services (excluding your User Content (as defined in Section 7.2 ‘User Content’), and unless the owner of such information has expressly permitted the same); or
(m) use the Platform or the Services or any aspect or feature thereof for any unlawful purpose or in any way that might cause harm to any other person.
7.2 Prohibited Content
You shall not submit or transmit any information, data or content such as text, documents, photos, audiovisual content and other media content (including all information submitted to us by you for the purpose of creating your RentPassportTM as well as all Contributions as defined in Section 11 ‘Contributions’ below) (“User Content”) during the course of your use of the Platform or Services that:
(a) is fraudulent or unlawful;
(b) harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(c) infringes, misappropriates or violates a third party’s rights, including intellectual property rights or rights of publicity or privacy;
(d) facilitates illegal activity;
(e) depicts sexually explicit images;
(f) promotes unlawful violence;
(g) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
(h) breaches any legal duty owned to a third party, such as a contractual duty or a duty of confidence;
(i) promotes the business of a third party (other than in the usual course of use of the Services, for example, placing a review of a Letting Agent); or
(j) deceives any person, impersonates any person, or misrepresents your identity or affiliation with any person.
In addition, all User Content must be accurate (where it states facts) and be genuinely held (where it states opinions).
You agree to indemnify us (which means compensate us) and hold us harmless against any costs, expenses, liabilities, damages or loss suffered or incurred by us in connection with your breach of this Section 7.
8. USER CONTENT
You shall have the sole responsibility for the legality, reliability, integrity, accuracy and quality of your User Content, including its compliance with the content standards set out in Section 7.2 ‘Prohibited Content’ above, and agree to promptly update or correct any such User Content on becoming aware of any errors or inaccuracies.
We have no obligation to monitor, censor or review User Content and its compliance with the content standards set out in Section 7.2 ‘Prohibited Content’ above, but we reserve the right to do so. We further reserve the right to remove, edit or decline to display any User Content without notice, or to require you to amend your User Content at any time, if we consider, or have reason to believe, that such User Content does not comply with the above content standards.
9. INTELLECTUAL PROPERTY
You acknowledge that all intellectual property rights in the Platform and the Services anywhere in the world belong to us or our licensors, and that you have no rights in or to the Platform or the Services other than the right to use each of them in accordance with these Terms of Service.
You retain all ownership rights in your User Content (as defined in Section 7.2 ‘Prohibited Content’ above), but you are required to grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with our performance of the Services and provision of the Platform and (where relevant) other online platforms.
When you submit any ideas, suggestions, documents and/or proposals relating to the Services (or other products or services) to Canopy through the “Contact Us” User Forum, the Support interfaces or through any other channel or mechanism (collectively “Contributions”), you acknowledge and agree that:
(a) Canopy shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way;
(b) to the extent there are any intellectual property rights subsisting in your Contributions, that hereby grant us a worldwide, perpetual, non-exclusive, transferable and irrevocable license (with a right to sub-license) under such rights to use and exploit the Contributions without limitation or restriction; and
(c) you are not entitled to any compensation or reimbursement of any kind from Canopy under any circumstances.
11. LIMITATIONS ON OUR LIABILITY
You agree to the following limitations on our liability to you:
(a) Exclusion of certain losses: Canopy shall not be liable to you for any loss of profits, business, anticipated savings, goodwill or business opportunity, business interruption, loss or corruption of data or information (subject to our liability to you as data controller of personal data), or for any special, indirect or consequential loss or damage, howsoever arising under these Terms of Service;
(b) Cap on liability: Canopy’s maximum aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms of Service shall be limited to liability to the greater of: (a) £100; or (b) the aggregate of the amount (if any) paid by you to us in the 6 months immediately preceding you bringing a claim against us.
Further, due to the nature of the Platform, the Services and the online environment, we do not take responsibility for the following:
(a) Network problems: the transfer of content and data over communication networks and facilities, including the internet, is subject to limitations, delays and other problems inherent in the use of such communication facilities. We are not responsible for any loss, damage, delay or failure resulting from such transfers or any other event beyond our reasonable control;
(b) Results of Services: you assume full responsibility for results achieved or obtained from the use of the Services, and for conclusions drawn from such use. We do not warrant that the Services or any information obtained by you through the Services will meet your particular requirements; and
(c) Your actions, instructions and breach: Canopy shall have no liability for any loss or damage caused by errors or omissions in any content or information provided by you to Canopy in connection with the Services, or any action taken by Canopy as a result of your direction, or your breach of these Terms of Service.
Nothing in these Terms of Service shall exclude either party’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by law.
All warranties, conditions, representations or other terms implied by statute or common law in relation to the Platform and any Services provided by us are excluded to the fullest extent permitted by law.
You may terminate these Terms of Service with us at any time, for any reason, by deactivating your Canopy Account and ceasing all use of the Platform and the Services. Please note that termination of these Terms of Service will not affect the validity of any Policy or tenancy agreement that you have entered into.
We may terminate these Terms of Service with you and deactivate your Canopy Account immediately in the event you commit a material or persistent breach of these Terms of Service, the Services are discontinued, we lose the right to provide you with the Platform or any of the Services, or where the provision of the Platform or any of the Services becomes unlawful. We will use reasonable endeavors to provide you with notice in advance; however, you acknowledge that this may not be possible in all circumstances.
For the avoidance of doubt, termination of these Terms of Service will not result in the termination of any Policy purchased by you or any tenancy agreement entered into you by.
13. PRIVACY AND YOUR INFORMATION
14. OTHER IMPORTANT TERMS
Assignment and other dealings: You may not assign, transfer, sub-license or deal in any other manner with any or all of your rights or obligations under these Terms of Service, without our prior written consent. We reserve the right to transfer, assign, sub-contract or deal in any other manner with any or all of our rights or obligations under these Terms of Service, without notifying you or receiving your consent.
Waiver: If we do not insist immediately that you do anything you are required to do under these Terms of Service, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Severance: Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Third Party Rights: No one other than a party to these Terms of Service, their successors and permitted assignees, shall have any right to enforce any of its terms.
Entire Agreement: These Terms of Service, and all documents referred to in them, constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Governing Law/ Jurisdiction: These Terms of Service are governed by English law and you can bring legal proceedings in respect of any dispute or claim arising out of or in connection with these Terms of Service in the English courts.
Financial Services Compensation Scheme: You may be entitled to compensation from the Financial Services Compensation Scheme FSCS if we cannot meet our obligations. This depends on the type of business, certain eligibility criteria and the circumstances of the claim. Further are available online at www.fscs.org.uk or by calling 0800 678 1100 (+44 20 7741 4100 from overseas)
Complaints: Our complaints procedure is available on request. If you are a consumer, and you are not happy with how we have handled a complaint in relation to Services
(a) you may submit a dispute for online resolution to the European Commission Online Dispute Resolution platform. You can find this platform and more information about it here: http://ec.europa.eu/consumers/odr;and/or
(b) if you meet the current Financial Ombudsman Service (‘‘FOS’‘) criteria, you may be entitled to refer the matter to the FOS.You can obtain further information including how to contact the FOS from www.financial-ombudsman.org.uk