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Last Updated: JULY 2002
AGREEMENT BETWEEN YOU AND BESTQUOTE INSURANCE SERVICES
The online-car-insurance.org.uk Web Site is operated by Bestquote Insurance
services, In the grounds of Crowbarn, Cotmore, Caversfield Road, Bicester,
Oxon, OX27 8RQ or its partners (collectively, Money Supermarket, theidol,
Direct Choice, Quoteline Direct, Its4me, Auto Direct, Budget Insurance,
Firebond). These Terms of Use and Notices apply to the online-car-insurance.org.uk
Web Site and does not apply to the content of third parties.
The online-car-insurance.org.uk Web Site is offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices
contained herein. Your use of the online-car-insurance.org.uk Web Site
constitutes your acceptance of, and agreement with Bestquote Insurance
Services to, all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
online-car-insurance.org.uk reserves the right to change the terms,
conditions, and notices under which the Bestquote Sites/Services are
offered, including but not limited to the charges associated with the use of
the Bestquote Sites/Services. You are responsible for regularly reviewing
these terms and conditions and additional terms posted on particular
websites. Your continued use of the Bestquote Sites/Services constitutes
your agreement with Bestquote to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Bestquote Sites/Services are for your
personal and non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, software, products or
services obtained from the Bestquote Sites/Services. Without the advance
express written permission of Bestquote, you may not 'meta-search' the
Bestquote Sites/Services, send, or cause to be sent, any automated queries
of any sort to the Bestquote Sites/Services, or use the Bestquote
Sites/Services in any commercial manner.
LINKS TO THIRD PARTY SITES
The Bestquote Sites/Services contains links to third party Web sites
("Linked Sites"). The Linked Sites are not under the control of Bestquote
and Bestquote is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Bestquote is not responsible for
webcasting or any other form of transmission received from any Linked Site
nor is Bestquote responsible if the Linked Site is not working
appropriately. Bestquote is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by
Bestquote of the site or any association with its operators. You are
responsible for viewing and abiding by the privacy statements and terms of
use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the
Bestquote Sites/Services or participation in promotions, including the
delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such dealings or
promotions, are solely between you and the advertiser or other third party.
Bestquote shall not be responsible or liable for any part of any such
dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Bestquote Sites/Services, you will not use
the Bestquote Sites/Services for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the Bestquote
Sites/Services in any manner that could damage, disable, overburden, or
impair any Bestquote Site/Service(s) (or the network(s) connected to any
Bestquote Site/Service(s)) or interfere with any other party's use of any
Bestquote Site/Service(s). You may not attempt to gain unauthorized access
to any Bestquote Site/Service, other accounts, computer systems or networks
connected to any Bestquote Site/Service, through hacking, password mining or
any other means. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available through the
Bestquote Sites/Services.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE BESTQUOTE SITES/SERVICES MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE BESTQUOTE
SITES/SERVICES AND TO THE INFORMATION THEREIN. BESTQUOTE AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BESTQUOTE
SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE BESTQUOTE
SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
BESTQUOTE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER
HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE BESTQUOTE SITES/SERVICES
FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW. BESTQUOTE AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER
TERMS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER
TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT BESTQUOTE SHALL NOT BE RESPONSIBLE FOR
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY
MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY
TRANSACTIONS ENTERED INTO THROUGH AN BESTQUOTE SITE/SERVICE. YOU
SPECIFICALLY AGREE THAT BESTQUOTE IS NOT RESPONSIBLE OR LIABLE FOR ANY
THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF
ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING
INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT BESTQUOTE IS NOT
RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN BESTQUOTE
SITE/SERVICE BY ANY THIRD PARTY.
TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT SHALL BESTQUOTE AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA REVENUES OR PROFITS, ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BESTQUOTE
SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE BESTQUOTE
SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE BESTQUOTE SITES/SERVICES, OR OTHERWISE
ARISING OUT OF THE USE OF THE BESTQUOTE SITES/SERVICES, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
BESTQUOTE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE BESTQUOTE SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, TO THE
FULLEST EXTENT PERMISSIBLE BY ENGLISH LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE BESTQUOTE SITES/SERVICES. THE LIMITATIONS ON AND
EXCLUSIONS OF LIABILITY FOR DAMAGES IN THIS AGREEMENT APPLY REGARDLESS OF
WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL
THEORY. NOTHING IN THIS AGREEMENT LIMITS BESTQUOTE LIABILITY FOR (II)
PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE OR (II) FRAUD.
GENERAL
This agreement is governed by the laws of England and Wales. You hereby
irrevocably consent to the exclusive jurisdiction and venue of the English
courts. in all disputes arising out of or relating to the use of the
Bestquote Sites/Services. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Bestquote
as a result of this agreement or use of the Bestquote Sites/Services.
You agree to indemnify and hold Bestquote, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim, demand,
or damage, including reasonable legal fees on a solicitor-client basis,
asserted by any third party due to or arising out of your use of or
conduct on the Bestquote Sites/Services. Subject to all applicable Data
Protection legislation, Bestquote reserves the right to disclose any
personal information about you or your use of the Bestquote Sites/Services,
including its contents, without your prior permission if Bestquote has
a good faith belief that such action is necessary to: (1) conform to
legal requirements or comply with legal process; (2) protect and defend
the rights or property of Bestquote or its affiliated companies; (3)
enforce these Terms of Use and Notices; or (4) act to protect the interests
of its members or others. Bestquote performance of this agreement is
subject to existing laws and legal process, and nothing contained in
this agreement is in derogation of Bestquote right to comply with governmental,
court and law enforcement requests or requirements relating to your
use of the Bestquote Sites/Services or information provided to or gathered
by Bestquote with respect to such use. The Contracts (rights of Third
Parties) Act 1999 does not apply to the agreement between you and us
formed by these Terms of Use and Notices. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder
of the agreement shall continue in effect. Bestquote will not be liable
to you for any breach of these Terms of Use and Notices, which arise
because of any circumstances that Bestquote cannot reasonably be expected
to control. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and Bestquote.
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