Our agreement with you
Our website and price comparison technology has been designed to allow private individuals or businesses seeking products on their own behalf to find the most competitive prices from the leading UK and insurance, utility and financial services providers online. Therefore, if you are:
- a private individual wanting to use our website and price comparison technology to find competitive prices for insurance, utility and financial services on your own behalf and/or on behalf of a close family member; or
- acting on behalf of a company wanting to use our website and price comparison technology to find competitive prices for insurance and financial services on behalf of the company; and
- not involved in any way in searching for insurance or financial services products as a business and;
- in agreement to the terms of our Privacy & Security Statement.
On this basis, you are permitted to use our website and price comparison technology to find the most competitive prices from the leading UK insurance and financial services providers online.
Our services
Confused.com is not a broker - we are a Search Engine to find out whether you can save money on insurance or other financial services products. We currently compare prices for car, home, travel and motorbike insurance, utility providers for gas and electric, financial products for loans, mortgages, bank accounts and credit cards and many, many more products.
Who are Confused.com?
Confused.com is a trading name of Inspop.com Limited. Inspop.com Limited is registered in England and Wales (Reg No. 03857130), with the registered address at: Friary House, Greyfriars Road, Cardiff CF10 3AE. See our About us page for more information. Inspop.com Limited is an independent, wholly owned subsidiary of Admiral Group plc. We are authorised and regulated by the Financial Services Authority (Registration number: 310635). This can be confirmed at www.fsa.gov.uk/register/. Confused.com introduce to Able Insurance Services Limited (trading as Gladiator) and EUI Limited (trading as Admiral, Bell, Diamond and elephant.co.uk) who are sister subsidiary companies to Confused.com.
Your responsibility
In order to get a quote through our price comparison service, you will need to answer a number of questions on our site which cover the full set of questions needed by all the different underlying insurance, utility and financial service providers and any intermediaries they may use. The answers you give will determine the amount you pay and the level of cover you receive. You must get permission from any other people whose details you propose to use in requesting a quote, before you provide us with any of their information. This applies to all information that you provide, but especially sensitive data like health information or criminal proceedings or convictions. In submitting any other person's details, you are confirming to us that you have their permission to do so, and that they understand how their information will be used.
Quote guarantees
Companies change their prices and tweak their rates on a regular basis. Some even do so daily. When you receive your quotes, it will tell you how long each provider guarantees their price. The price quoted to you will be accurate at the time of issue, based on the details you provided and confirmed. You will receive the same guarantee from the insurance, utility or financial services provider as you would have received from them by going direct.
Price delivery
If you receive five internet quotes or less for a motor policy, your details may be passed to Call Connection Limited, a company able to access a range of specialist insurance policies which are not currently available on-line. If it is not possible for you to get a home quote over the internet, you will have the option, by choosing the appropriate button, of calling or being called by Call Connection Limited. Call Connection Limited, whose registered office is at Saxon House, 1 Cromwell Square, Ipswich, Suffolk IP1 1TS are authorised and regulated by the Financial Services Authority (authorisation number 308374).
What if our technology has made a mistake?
Our technology is very sophisticated and we hope that mistakes are never made! However, we stress that it is your responsibility to check that your details are correct on the underlying providers website.
Our liability to you
If the information has been incorrectly entered by our technology it is your responsibility to identify the mistake and, as such, we exclude, all our liability which by law we can exclude, in respect of all losses you may incur. We accept no responsibility, or any liability whatsoever, for the terms applying to a contract entered into with any provider or for any problems or complaints that may arise from your dealings with the selected provider.
If our standards fall short
Our aim is at all times to provide a first class standard of service. However, there may be occasions when you feel we may have not achieved this. If we fall short of our own high standards then we want you to tell us! At Inspop.com Limited we take all complaints seriously and in such an event please follow this link read our Complaint Procedure.
If your complaint is regarding a provider that you have purchased a product through and with whom we put you in touch, then you should address your complaint direct to that company. Inspop.com Limited cannot accept liability for errors made by the underlying provider or their intermediary or appointed representative or answer complaints on their behalf. In such an event we recommend you follow the guidelines provided in the providers documentation.
All of the underlying insurance or other financial services sites, be it insurer, financial service provider, or intermediary, are authorised and regulated by the Financial Services Authority and you can find out the details of the underlying insurers registration on their websites.
Third party links
You can link to other websites by means of hyperlinks published on this website or e-mailed to you as part of our service. These websites are owned and operated by third parties. We accept no liability for any statements, information, products or services that are published on or may be accessible through third party websites.
Amendments to our terms
We reserve the right to amend our terms and conditions at any time. The amended terms will be effective from the date they are posted on our website.
Website Content
We have taken every reasonable step to make sure the information contained in this website is accurate and up-to-date. However, we can accept no liability for any errors or omissions. We reserve the right to add, amend or delete information from this site at any time.
Whilst we take every reasonable step to counteract viruses and other things with contaminating or destructive properties, we can give no warranty that this site and its content are free from viruses or anything else that has such contaminating or destructive properties.
Contacting us
If at any time you would like to contact us, the details are available on our Contact us page.
Copyright
The copyright in the material contained in this Web Site belongs to Inspop.com Limited. Any private individual may print off a copy of any part of this material for their own personal use, subject to the following conditions:
- the material may not be used for any commercial purposes;
- the copy must retain any copyright or other intellectual property notices contained in the original material;
- the technology or processes utilised by or described in this Web Site may be subject to other intellectual property rights reserved by Inspop.com Limited (on which see the section headed "Intellectual Property Rights" below);
- images on this Web Site are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective owner(s);
- no logos, trade marks or service marks appearing on the site may be printed off or copied, except as part of the text of which they form part.
Intellectual Property Rights
Any logos, trade marks, service marks and domain names and all related intellectual property rights, of the companies whose sites we search in providing the service, belong to those companies, and you may not reproduce them without their prior written consent. Except for them, all intellectual property rights including, without limitation, all logos, trade marks, service marks, domain names, database rights, rights in design, rights in know-how, patents and rights in inventions (in all cases whether registered or unregistered and including all rights to apply for registration) and all other intellectual or industrial property rights in any jurisdiction in any information, content, materials, data or processes contained in or underlying this Web Site and/or the service we provide belong to Inspop.com Limited. All rights of Inspop.com Limited in such intellectual property rights are hereby reserved.
Commercial use
This Web Site is for non-commercial use, meaning it is only for personal use or for use by a business to seek a product directly for that business only. Unauthorised commercial or bulk use may slow down the speed of the service we can provide for our customers. We will monitor the use of our services. If we detect commercial or bulk usage before we have sent the results of our search, we may abort the search. In any event, we reserve the right to take action against those using our service in an unauthorised way, to prevent disruption of our service to genuine customers, and to recover any losses we suffer.
This statement has been revised in July 2010 to reflect the latest developments in the laws relating to data protection, and explaining what we and others do with your data, and the steps we take to protect it. You are asked to view this Statement separately, give it due consideration and make sure you agree with it before using our services. Please visit our Privacy and Security links to understand more.
Some products require additional terms and conditions to those set out above. Please view below for the price comparison you require.
2a) Motor, home, travel and motorbike insurance
Your responsibility
In order to get a quote for a motor, home, travel or motorbike insurance product, you will need to answer a number of questions on our site which cover the full set of questions needed by all the different underlying insurance providers and any intermediaries they may use. The answers you give will determine the amount you pay and the level of cover you receive.
"Your answers will also affect the selection, by our technology, of which policies of insurance are most suitable for you. If you have processed a motor or home quote, you can tailor your quotation to cover a range of different circumstances (for example, to amend the voluntary excess) on the results page. When you wish to accept your quotation, it is your responsibility to ensure the changes made to the results page and also made on your proposed insurance providers website. If you have processed a home, travel or motorbike quotation, you will need to complete a separate form for each variation you require.
Please resist any temptation to be anything less than completely honest. It is very important that you answer all questions truthfully and that you disclose all relevant facts. If you do not provide your insurance provider with the information they have asked for, or fail to tell them about any circumstance likely to influence the assessment of the risk involved, or any change in the facts supplied or your circumstances, it could invalidate your policy. A policy contract will set out what you are promising is true, in what circumstances you are entitled to cover, and the assumptions the providers will make if you fail to provide information. Any failure on your part to supply complete and accurate information could have serious repercussions. Just to give you an example:
- Did you know that if you were to make false statements or withhold any information to obtain any insurance policy it could invalidate the insurance? This could result in you being liable for any third party damage (and this could be an unlimited liability), no cover being provided for your own contents or property and, if it is a home policy, you could be breaking the conditions of your mortgage.
- If you suffer from a medical condition that you have not told your travel insurance provider about, they will reject any claim connected with that condition, and, if your claim is fraudulent, they can cancel your policy and you will have no cover.
If you are in any doubt whether any information is relevant, you should tell your proposed insurance provider before you accept their quotation.
Residency requirement
Some insurance products described in this site are only available if you meet certain requirements.
For example, most motor or motorbike policies are only available to UK residents, and different insurance providers have different interpretations as to what counts as part of the UK. Some, for example, include the Channel Islands and/or the Isle of Man, while others exclude them. You will need to check the individual policy for details.
Most motor insurance providers also only offer insurance for private vehicles registered in the UK. By requesting any quote, you are confirming that you, your property/vehicle/possessions and any other relevant individuals meet the provider's requirements and that you will immediately notify them if any of those requirements cease to be met.
Price delivery
We access rates from leading UK insurance providers online. Our price comparison technology will deliver you a full list of the prices it finds along with some basic policy benefits to help you decide on a new provider. All providers specialise in slightly different risks and they do not quote on risks that fall outside their target customers or they will offer you a high price to discourage you taking out a insurance with them. Not all providers will offer you a quotation. The more "high risk" or "non-standard" your risk is classed, and remember it's their classification based on your answers, the fewer prices you will receive. In some cases, it might not be possible for you to obtain a quote at all over the internet.
If it is not possible for you to get a quote over the internet for a motor policy, you will have the option, by clicking the appropriate button, of calling or being called by Call Connection Limited, a company able to access a range of specialist insurance policies which are not currently available on-line. Your details will not be passed to Call Connection unless you click the "Get Call Connection to call me" button. Call Connection Limited, whose registered office is at Saxon House, 1 Cromwell Square, Ipswich, Suffolk IP1 1TS are authorised and regulated by the Financial Services Authority (authorisation number 308374).
Check before you buy
In order to accept the price our technology found for you, you must contact the insurance provider direct. We will give you a direct link to their web site along with any identification needed to access your details, which our technology automatically entered on your behalf. You can choose to accept cover over the telephone with them if you prefer, providing they offer that option. You will find all the relevant information regarding the acceptance of the product and contact details on the insurance providers website.
Before you buy, it is really important that you check all the information they hold about you is correct. It is your responsibility to ensure all your details are correct, and failure to do so could result in invalidating your insurance cover. If you are buying via their web site you must also read the insurance providers own policy/agreement/terms and conditions. They are the terms and conditions that you agree to by buying from them and are completely separate from ours.
Most insurance providers make certain assumptions about you, for example, they assume you have no criminal convictions or have never been refused insurance in the past. It is important that you check the assumptions made as they form part of your contract and incorrect information could invalidate your insurance product.
2b) Utilities
Your responsibility
In order to get a quote you will need to answer a number of questions on our site which cover the full set of questions needed by all the different energy supply companies. The answers you give will determine the estimated amount you will pay and the most suitable for you based on your answers.
Quote guarantees
Companies change their prices and tweak their rates on a fairly regular basis. The price quoted to you will nevertheless be accurate at the time of issue, based on the details you provided and confirmed. You will receive the same guarantee from the supply company you choose and if they do choose to change the tariff you selected in the future, will provide you with advance notice of the change and the opportunity to change supplier again (within 28 days) without this effecting your tariff.
Residency
We can only compare prices if you are resident in the United Kingdom (excluding the Channel Islands).
Changing Supplier
The process of changing supplier is extremely simple; compare the companies, select the most suitable option for you, and fill in your personal details (these are secure pages). We will then send you a confirmation email confirming your selection and the details you provided will be forwarded to the supply companies you choose in order to arrange the change over. Your chosen supplier will then contact you to confirm the date on which your new service will start. On, or as close as possible, to the supply start date, we would recommend that you take a meter reading and give this to your new supplier. They will contact you nearer the time to remind you of this.
What if our technology has made a mistake?
Our technology is very sophisticated and we hope that mistakes are never made! However, we do operate within the guidelines of the energywatch 'Confidence code' and pride ourselves on providing customers with the information they need in order to make informed decisions for themselves. In order to learn more about the energywatch 'confidence code' follow this link.
Confused.com, is a subscriber to the energywatch 'Confidence code'.
2c) Financial Services - Credit Cards / Personal Loans / Savings / Current Accounts
Your responsibility
In order to get a quote for a financial product, you will need to answer a number of questions on our site which cover the full set of questions needed by all the different underlying providers and any intermediaries they may use. The answers you give will determine financial product available to you. The service is provided on a non advised basis, this means that no advice as to the suitability of any product to your financial needs is given or implied
Residency requirement
Our financial products are only available to UK residents. Some providers have different interpretations as to what counts as part of the UK. Some, for example, include the Channel Islands and/or the Isle of Man, while others exclude them. You will need to check the individual provider for details.
Price delivery
We access rates from the leading UK financial product providers online. Our price comparison technology will deliver you a full list of the prices it finds along with some basic benefits to help you decide on a provider. The information displayed relates to products that may be available to you. Nothing that appears on our website or in these terms and conditions constitute financial advice and does not recommend you to purchase a particular product.
Check before you accept
Before you buy, it is really important that you check all the information the financial provider holds about you is correct and you fully read the terms of the application form and those of the selected provider. It is your responsibility to ensure the product selected matches your requirements. We accept no responsibility whatsoever for any financial product that you enter into.
Think carefully before securing a debt against your home. Your home may be repossessed if you do not keep up repayments on a debt secured on it.
Mortgages
The comparison quotation service for mortgage products is provided by London & Country Mortgages Ltd, based at Beazer House, Lower Bristol Road, Bath, BA2 3BA. London and Country Mortgages Ltd is authorised and regulated by the Financial Services Authority under the registration number 143002.
Quotations are provided on a non advised basis, this means that no advice as to the suitability of any product to your financial needs is given or implied. London and Country Mortgages Ltd have additional terms and conditions to those set out above that you must agree with to obtain a comparison for mortgages.
Think carefully before securing a mortgage or debt against your home. Your home may be repossessed if you do not keep up repayments on a mortgage or any other debt secured on it.
Secured Loans
The comparison quotation service for secured loans is provided by Relax Finance Ltd, based at Gisborne Close, Staveley, Chesterfield, Derbyshire, S43 3JT. Relax Finance Ltd is authorised and regulated by the Financial Services Authority under the registration number 450512.
Quotations are provided on a non advised basis, this means that no advice as to the suitability of any product to your financial needs is given or implied. Relax Finance Ltd have additional terms and conditions to those set out above that you must agree with to obtain a comparison for secured loans.
Think carefully before securing a mortgage or debt against your home. Your home may be repossessed if you do not keep up repayments on a mortgage or debt secured on it.
Life Insurance
The comparison quotation service for life insurance is provided and administered by Direct Life & Pension Services Ltd, who are authorised and regulated by the Financial Services Authority. Registered office; Pinnacle House, A1 Barnet Way, Borehamwood, Hertfordshire WD6 2XX. Registered in England, No 2467691.
Quotations are provided on a non advised basis, this means that no advice as to the suitability of any product to your financial needs is given or implied. Direct Life & Pensions Ltd have additional terms and conditions to those set out above that you must agree with to obtain a comparison for Life Insurance.
Medical and Dental Insurance
The comparison service for Medical and Dental insurance is provided and administered by PMI Partners which is a Trading name of Assured Futures Ltd, who are authorised and regulated by the Financial Services Authority. Registered office; Blue Boar Court, 9 Alfred Street, Oxford OX1 4EH. Registered in England, No 3040737.
Quotations are provided on a non advised basis, this means that no advice as to the suitability of any product to your financial needs is given or implied. Assured Futures LTD have additional terms and conditions to those set out above that you must agree with to obtain a comparison for Medical and Dental Insurance.
Agreement – these terms and conditions
Content – any content that is providing, added or submitted by User or Provider
Provider – Confused.com
Website – www.confused.com
User/ website Member – Subscribed member
1. Acceptance of user generated content access
This Agreement sets forth the legally binding terms for your use of the Services. Only private individuals aged 18 years or over are permitted to register for use of the Website and to use the Services. By using the Services, and in consideration of Provider providing the Services to you, you agree to be bound by this Agreement, whether you are a Visitor or a Website Member. Only Website Members are entitled to access areas of the Website restricted to Website Member only access except and to the extent that Provider otherwise expressly consents in writing. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to register to become a Website Member, and make use of the Services available only to Website Members, you must read this Agreement and indicate your acceptance during the registration process. Availability of the Website will commence on a date determined by Provider.
2. Use of Services and additional terms
This Agreement includes Provider’s policy for acceptable use of the Services and content posted on the Website and your rights, obligations and restrictions regarding your use of the Services.
3. Modification
Provider may modify this Agreement from time to time and such modification shall be effective upon posting by Provider on the Website. We will provide a clear link within the Website to the then current Agreement. You agree to be bound by any changes to this Agreement when you access the Website or use the Services after any such modification is posted. If you do not agree to be bound by them, you should not use the user generated area of the Website or the Services.
4. Unacceptable Content
4.1 Please choose carefully the information you post on the Website and that you provide to other Users. Your Website profile and other Content submitted by you to the Website may not include the following items: telephone numbers, street addresses or other contact details or identifying information of private individuals, contact details of public figures and any photographs containing nudity, or obscene, lewd, violent, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, it is possible that content provided by other Users (for instance, in a Website Member’s profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Provider assumes no responsibility or liability for this material. If you become aware of misuse of the Website or the Services by any person, please contact communications@confused.com or click on the "Report Abuse" link next to any User generated content. You must be logged in as a Website Member in order to report inappropriate content through this link.
4.2 Provider reserves the right, in its sole discretion, to moderate, reject or refuse to from the Website, whether or not the Content is expressly prohibited by this Agreement, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
5. Password and screen name
5.1 When you sign up to become a Website Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, screen name, or password of another Website Member at any time or to disclose your password to any third party. You agree to notify Provider immediately by emailing communications@confused.com if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5.2 Your screen name and password are personal to you and must not be transferred or shared. Your screen name and password may only be used to access the Website and/or the Services from one device at a time.
5.3 When you subscribe you will have to choose a “display name” if you wish to post and interact with our user generated content functionality. The display name is not editable once you have chosen it and its assigned to you as a user. You may change your email address, and password at any time in the My Account section of the Website.
5.4 You may not select as your display name the name of another person with the intent to masquerade as that person or use a screen name that Provider in its sole discretion deems offensive.
5.5 You are entitled to use and access the Websites and/or Services registered for or subscribed to in accordance with this Agreement and other terms and conditions applicable to the Services until your subscription is terminated in accordance with the applicable terms and conditions.
6. Proprietary Rights in Content on the Website
6.1 Provider does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, or any other materials that you post or email to the Website or the Services (collectively, "Content"). After posting or emailing your Content to the Website or the Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use such Content in any way you choose. By displaying, emailing, publishing or submitting for display or publication ("posting") any Content on or through the Website or the Services, you hereby grant to Provider a Worldwide sub-licensable, perpetual, transferable, non-exclusive, royalty free licence to use in any way whatsoever including but not limited to, public performance, public display, publishing, reproduction, broadcasting, amendment or modification of Content, transmission and distribution of Content on and through the Website, the Services and/or any newspaper or other publication published by Provider in its different present and future forms for example newsprint, Braille, talking book, electronic databases, e-paper, website mobile application or any other facsimile or derivative versions in any medium. The rights granted include without limitation the right to license photocopying, scanning, downloading in electronic or other forms and other normal use for the purpose of information or study or as otherwise permitted by copyright law.
6.2 You represent and warrant that: (i) you own the Content posted by you on or through the Website or the Services or otherwise have the right to grant the licence set forth in this section, and (ii) the posting of your Content on or through the Website or the Services does not violate the privacy rights, copyright, contract rights or any other rights of any person, or otherwise breach any injunction, order or other legal ruling. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any Content posted by you to or through the Website or the Services. You acknowledge that Content submitted will not be returned.
6.3 The Website and/or the Services contain Content owned by Provider (“Provider Content”). The Provider Content is protected by copyright, trademark, patent, trade secret and other laws. Provider owns and retains all rights in the Provider Content and the Website and the Services. Provider hereby grants you a limited, revocable, non-sublicensable license to retrieve and display the Provider Content (excluding any software code) solely for your personal, non-commercial use to the extent necessary to view the Website and make reasonable use of the Services.
6.4 The Website and the Services contain content owned by Users and other licensors to Provider (“Third Party Content”). Except for Content posted by you and in which you retain ownership rights, you may not unless and to the extent otherwise specifically authorised by Provider copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Website or the Services. You may retrieve and display content from the Website or the Services on a computer screen, print a single copy of individual pages on paper, and store such pages in electronic form for your personal con-commercial use to the extent necessary to view the Website and make reasonable use of the Services.
7. Content Posted
7.1 Provider may delete, or in pre-moderated areas of the Website refrain from posting any content that in the opinion of Provider violates this Agreement breaches any relevant House Rules or which may be offensive, illegal or violate the rights of any person or which may harm, or threaten the safety of any person. Except to the extent which cannot be excluded or limited by law or regulation in respect of content on the Website which we moderate before posting, Provider assumes no responsibility for monitoring the Website or the Services for inappropriate content or conduct. If at any time Provider chooses, in its sole discretion, to monitor the Website or the Services, except as required by law or regulation, Provider nonetheless assumes no responsibility for the content (other than Provider Content), no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
7.2 You are solely responsible for the Content that you post on or through the Website or any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. Provider does not endorse and has no control over content posted by Users. Content is not necessarily reviewed by Provider prior to posting and does not necessarily reflect the opinions or policies of Provider. Provider makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit.
8. Content/Activity Prohibited
8.1 The following is a partial list of the kind of content that is illegal or prohibited to post on or through the Website or the Services. Provider reserves the right to investigate and take action against any User who, in the opinion of Provider, violates this provision. This may include, without limitation, removing the offending communication from the Website or the Services, preventing access to the Website and the Services and/or terminating access, the Website Membership of such violators and/or reporting to law enforcement authorities or regulatory bodies. Prohibited content or activity includes, but is not limited to content or activity that, in the opinion of Provider:
8.1.1 is offensive;
8.1.2 promotes racism, terrorism, hatred or physical harm of any kind against any group or individual or links to websites that promote the same;
8.1.3 harasses or advocates harassment of another person;
8.1.4 exploits people in a sexual or violent manner;
8.1.5 contains pornography, violence, or offensive subject matter or contains a link to an adult website;
8.1.6 solicits personal information from anyone under 18;
8.1.7 provides any telephone numbers, street addresses, last names, email addresses or other contact or identifying details of any private individual;
8.1.8 provides any telephone numbers, street addresses, email addresses or other contact details of any public figure;
8.1.9 promotes information that you know or have reason to believe is false or misleading or promotes illegal activities or conduct that is objectionable, abusive, threatening, obscene, defamatory or libellous;
8.1.10 promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files or file sharing;
8.1.11 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8.1.12 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.1.13 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
8.1.14 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
8.2 The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. Provider reserves the right to investigate and take appropriate legal action against anyone who, in the opinion of Provider, violates this provision, including without limitation, reporting such person to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.2.1 criminal activity or any tortuous act or civil wrong, pornography, incitement to racial hatred, incitement to terrorism, fraud, posting obscene material, drug dealing, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, trade mark infringement, breach of confidence or theft of trade secrets;
8.2.2 advertising to, or solicitation of, any User to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. User may not use, advertise or solicit any content for commercial gain or use.
8.2.3 covering or obscuring the banner advertisements on your personal profile page, or any page on the Website via HTML/CSS or any other means;
8.2.4 any automated use of the system, such as using scripts to perform automated operations;
8.2.5 interfering with, disrupting, or creating an undue burden on the Website or the Services or the networks or services connected to the Website of the Services;
8.2.6 attempting to impersonate another Website Member or person;
8.2.7 using the account, screen name, or password of another Website Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.2.8 selling or otherwise transferring your profile;
8.2.9 using any information obtained from the Website or the Services in order to harass, abuse, or harm another person;
8.2.10 displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website of the Services on behalf of that person, such as placing commercial content on your profile, or sending private messages with a commercial purpose;
8.2.11 using the Website or the Services in a manner inconsistent with any and all applicable laws and regulations;
8.2.12 modifying, accessing or making available data stored on a computer device which you have accessed through our network, when either the owner of the data, computer or device has taken steps to prevent you from doing this or the owner has expressed a wish that you do not do this;
8.2.13 making available or uploading files that contain software or other material, data or information not owned or licenced to you or collecting information about others (eg names/addresses) without their prior consent;
8.2.14 making available, uploading and distributing by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;
8.2.8 falsifying the true ownership of software or other material or information contained in files made available via the Website or the Services; or
8.2.16 Obtaining or attempting to obtain unauthorised access, through whatever means, to the Website or the Services, other services or computer systems or areas of our or any of our partners’ networks which are identified as restricted.
9 Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights, this also includes the use of copyrighted images for profile pictures/avatars. Provider prohibits use of the Website and/or the Services of any User who infringes the copyright of others. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website and the Services by another User in a way that constitutes copyright infringement, please notify us via the “Report Abuse” link accompanying the content in question. We will take such action (if any) that we in our absolute discretion deem appropriate.
10 Website Member Disputes
You are solely responsible for your interactions with other Users. Provider reserves the right, but has no obligation, to monitor disputes and other interactions between you and other Users through the Website.
11 Disclaimers
Provider is not responsible for any incorrect, inaccurate or otherwise, content posted on the Services or the Website or in connection with the Website or the Services, whether caused by Users of the Website or the Services or by any of the equipment or programming associated with or utilized in the Website or the Services. Profiles created and posted by Website Members on the Website or the Services may contain links to other websites although we are not responsible for any User generated links or linked-to content. Provider is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Provider. Inclusion of any linked website on the Website and the Services does not imply approval or endorsement of the linked website by Provider. When you access these third-party sites, you do so at your own risk. Provider takes no responsibility for third party advertisements which are posted on the Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Provider is not responsible for the conduct, whether online or offline, of any User of the Website or the Services. Provider assumes no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any content provided through the Website. Provider is not responsible for any problems or technical malfunction of any telephone network or lines, electronic networks, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website or the Services. Under no circumstances shall Provider be responsible for any loss or damage resulting from use of the Website or the Services, attendance at an event organised through the Website or the Services, from any content posted on or through the Website or the Services, or from the conduct of any Users of the Website or the Services, whether online or offline. The Services are provided "AS-IS" and as available and Provider makes no representations or warranties of any kind as to the Website, the Services or the content thereof, including without limitation, as to availability of the Website and/ or Services for access and use. In particular Provider expressly disclaims all warranties of fitness for a particular purpose, accuracy, completeness or non-infringement. Provider cannot guarantee and does not promise any specific results from use of the Website and the Services. Nothing in this Agreement shall be construed as limiting or excluding Provider’s liability for death or personal injury caused by its negligence.
12 Choice of law and Jurisdiction
This Agreement shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England and Wales shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Agreement. Nothing in this clause limits the right of Provider to bring proceedings against you arising out of or in connection with the Agreement (a) in any other court of competent jurisdiction or (b) concurrently in more than one court of competent jurisdiction.
13 Indemnity
You agree to indemnify and hold Provider, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Website or the Services in violation of this Agreement, and/or arising from your use of or conduct on the Website or in use of the Services and/or a breach of this Agreement.
14 Other
This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Website Member. This Agreement constitutes the entire agreement between you and Provider regarding the use of the Website and the Services. The failure of Provider to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Dated 22/07/2010