Regulatory Information and Terms & Conditions Of Use

Please read the following section carefully as it contains the conditions of use governing your use of the Smartdriverclub insurance website pages at www.Smartdriverclubinsurance.co.uk and Smartdriverclub website pages at www.Smartdriverclub.co.uk (the “Site”).

Additional terms and conditions apply to the products and services offered on this Site. These will be drawn to your attention when you browse, apply for and following any purchase you make of any Smartdriverclub insurance product or service. By using this Site you hereby agree to these conditions of use in force at that time.

If you wish to contact Smartdriverclub insurance regarding any General Insurance matter set out in these conditions you may do so by contacting us by phone, or by writing to us.

Smart Driver Insurance Services (“Insurance Factory Limited”).

The motor insurance products advertised on the Site are underwritten by Markerstudy, Covea, KGM and Sabre.

Smart Driver Insurance Services, a trading name of Insurance Factory Limited. Insurance Factory Limited is authorised and regulated by the Financial Conduct Authority (No. 306164). Registered in England and Wales number 02982445. Registered office Markerstudy House, 45 Westerham Road, Sevenoaks, Kent TN13 2QB. Insurance Factory is part of the Markerstudy Group of Companies.

By entering into an agreement for insurance you will take on certain obligations and grant certain powers to Smart Driver Insurance Limited. Nothing contained in any insurance policy terms affects your statutory rights as a consumer.

Availability of Site

Whilst we have taken great care in the preparation of the Site, certain technical matters may be beyond our control and we cannot guarantee that you will have uninterrupted or error free access to all of the Site at all times, that defects will be remedied, or that the Site, or the server that makes the Site available, are virus or bug free. Access may be suspended occasionally or restricted to allow for repair or maintenance or for the introduction of new services.

Use of Personal Information

Through your use of the Site you agree that personal information that is provided will be dealt with in accordance with our privacy policy.

Trademarks

Images, logos, names and trademarks on the Site are proprietary marks of Smartdriverclub insurance and/or any applicable relevant third party. Unless otherwise agreed in writing, nothing on the Site shall be deemed to confer on any person any licence or right to use any such image, logo, name or trademark and any such use may constitute an infringement of the rights of the holder.

Ownership of All Materials on the Site

Smartdriverclub insurance shall remain the owner of all copyright, designs, pictorial and text arrangements, database rights and other intellectual property rights that exist in the content of the Site unless otherwise stated. The Site is intended for non-commercial personal use only. You may not commercially use, exploit, publish, distribute, extract, re-utilise or reproduce any part of the Site in any form (including photocopying or storing it in any medium by any means) or use it in any other way other than in accordance with the limited use licence set out in our copyright notice. Interference or entry to the Site with intent to corrupt, damage or deny service from the Site or for other commercial benefit shall be taken seriously and we shall take all such action as is necessary to protect the Site from any activities to protect our intellectual property. You acknowledge that damages may not be an adequate remedy for any infringement of such rights by you and that we are entitled to the remedies of injunction, specific performance, orders to deliver up infringing copies and any other statutory or equitable relief for any threatened or actual infringement and that no proof of special damages is necessary for reliance on such remedies.

Product Terms and Conditions

The content of the Site does not constitute an offer by us to sell products and services. Your request to purchase a product or service represents an offer by you and will be subject to the terms and conditions of that product or service that we may accept or reject. After you make a request through the Site to purchase the product or service then assuming such products or service is available to you and your offer is accepted, you will receive confirmation of your purchase.

The information and descriptions on the Site do not necessarily represent complete descriptions of all terms, conditions and exclusions and the precise cover provided (as applicable) shall be included in the schedule of cover, policy documents and/or conditions of purchase issued to you.

If you apply for any product or service listed on our Site, these conditions of use should be read in conjunction with any other terms and conditions relating to that product or service and, in the event of any contradiction between these conditions of use and the specific product of service terms and conditions, the latter shall prevail.

External Links

We may provide links to other websites that are not under our control. These links are provided for your convenience. When you activate these links, you will leave the Site. We do not endorse or take responsibility for the content on third party websites or the availability of those websites and we are not liable for any loss or damage that you may suffer by using those websites. If you decide to access linked websites you do so at your own risk.

Certain links on the Site will lead you to websites that are under the control of other companies. These sites are operated on a local basis and may be subject to laws and/or regulation other than the UK. Please consult the conditions of use and privacy statement on those websites for further details on use of those websites.

Site Access and Password Usage

The Site is directed at those who can access the Site from the UK and is intended for use by UK residents only. Applications for products from non-UK residents will, unless otherwise stated, not be accepted.
You are responsible for maintaining the confidentiality of any and all details you supply to us including any passwords and for restricting access to your computer to prevent unauthorised access to your account. You accept responsibility for activities that occur under your account and you should take all steps to ensure your password is kept confidential. You agree to inform us immediately if you have reason to believe your password is being used in an unauthorised manner.

You must not use the Site in any way that causes or is likely to cause access to be interrupted, or impaired in any way and you acknowledge and agree that you are responsible for electronic communications sent from your computer.

Credit Card Transaction

Our payment provider Verifone will retain the credit card details you provide to us after payment has been made. This assists in reducing credit card fraud. Except in exceptional circumstances any refund we provide to you for any product you have purchased by credit card is made back to the credit card account used to make the initial purchase.

Disclaimer

We will take all reasonable actions to correct errors and omissions as soon as we are notified of them. There will be occasions where there may be mistakes in the price or type of product shown. In the event that such error in price, product or service is shown then we reserve the right to cancel that contract, but this will be without any liability to you and a refund will be offered.

The following provisions should be read carefully as they exclude or limit our legal liability in connection with your use of this website. Nothing in these terms and conditions attempts to exclude liability that is not permissible under applicable law, including without limitation, death or personal injury, or for fraudulent misrepresentation.

Nothing in these terms and conditions shall exclude, limit or restrict our duties and liabilities to you under the Financial Services and Markets Act 2000, or any conduct of business rules that we are bound to comply with.

Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the content of the website, we exclude any warranties, undertakings or representations (either express or implied) to the full extent permitted under applicable law, that the website or (including without limitation) all or any part of the content or materials, accuracy, availability or completeness of the content of the website or any part of the content or materials are appropriate or available for use either in the United Kingdom or in other jurisdictions. If you use this website from other jurisdictions, you are responsible for compliance with applicable local laws.

We accept no liability in contract, tort, negligence, statutory duty or otherwise (to the maximum extent permitted by applicable law) arising out of the use of or access to this website (which includes without limitation) any errors or omissions contained in this website or if the website is unavailable and we shall not be liable for any direct or indirect:

• economic losses (including without limitation loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings);
• loss of goodwill or reputation;
• special, incidental, consequential loss or damage, suffered or incurred arising out of or in connection with your use of this website and these terms and conditions.

Amendment to these Conditions of Use

We reserve the right to amend the Site and these Conditions of Use without notice from time to time. Any such amendment shall be effective once the revisions have been posted on this Site, and we suggest that you check them whenever you visit the Site.

If any of these provisions shall be unlawful, void or unenforceable for any reason the particular provision shall be deemed deleted and will not affect the validity or enforceability of the remaining provisions.

Monitoring of Telephone Calls and Emails

Telephone calls and email correspondence with us as a result of your access to the Site may be recorded for training purposes and to assist in the prevention of fraud. By using such communication methods you are consenting to such activities taking place.

Waiver

If you breach these terms of use and we do not take immediate action against you we are still entitled to enforce our rights and remedies in respect of any such breach or any subsequent breach.

Jurisdiction and law

These conditions of use shall be governed by and construed in accordance with English law. Disputes arising here from shall be subject to the exclusive jurisdiction of the courts of English courts.