Canopy Terms of Service

Dated: 15th May 2018

1. INTRODUCTION

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 Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you or others provide to us; and
  • 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;
  • RentTracking through Open Banking
  • 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 the trading name 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 (meaning we arrange and administer policies as agent of the Insurance Provider in terms of accepting the risk, collecting the premium and issuing documentation) 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 customer.relations@findyourcanopy.com.

3. ACCOUNT

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 the UK; and
  • 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.

5. SERVICES

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. RentPassport and TrustScore

Our RentPassport provides Renters with a digital renter identity and rental history, which they can share with Landlords or Letting Agents. Our TrustScore 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, to create each Renter’s individual RentPassport, and their individual TrustScore.

A Renter using Canopy’s platform to rent a residential property will be required have in place a 6 week deposit (cash or DepositFree) at all times throughout the term of the tenancy agreement in the same property including rolling tenancies.

As a Renter, you warrant that all information you provide to us when creating your RentPassport 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 RentPassport and to determine your individual Trust Score and may be relied upon by Landlords or Letting Agents 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 RentPassport and your TrustScore 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 or RentTracking for your credit report.)

In order to enable us to compile your RentPassport and TrustScore, 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 TrustScore.

We will also use your individual Trust Score to offer you a range of personalized financial and non- financial services. We will notify you through your email address or via our app when these additional services became available.

Your TrustScore is based on the information you, as a Renter, provide to us in order to create your RentPassport, 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 TrustScore 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 a professional insurance advisor.

You acknowledge that your TrustScore is final and, if you choose to take out Deposit Replacement Insurance, your TrustScore 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).

If you have any questions or objections relating to your TrustScore, please see our Frequently Asked Questions: https://findyourcanopy.com/help or contact us at support@findyourcanopy.com, or info@findyourcanopy.com.

5.2. Experian Rental Exchange Database and Rent Tracking Tool

As a Renter you have the option, as part of our Services, to use a rent tracking tool provided by Experian Limited of Sir John Peace Building, Experian Way, NG2 Business Park, Nottingham, NG80 1ZZ, with company number 653331 (“Experian”) which processes rental data to create a rental exchange database tool (the “Tool”). If you authorise rent tracking through your Canopy Account, we will share your bank account and rental payment information (that you enter into TrueLayer’s platform) with Experian to assist them in populating the Tool. If you request to stop rent tracking through your Canopy Account we will notify Experian of your request. Full details of what data we may share with Experian are set out in our Privacy Policy.

Your use of rent tracking will enable us to work with you as a Renter more closely to manage your existing tenancy agreement. The Tool will provide us with information to help you as a Renter:

(a) assess and manage any new tenancy agreements you may enter into;
(b) assess your financial standing to provide you with suitable products and services;
(c) manage any accounts that you may already hold, for example reviewing suitable products or adjusting your current product in light of your current circumstances; 
(d) contact you in relation to any accounts you may have and recovering debts you may owe; 
(e) verify your identity and address to help make decisions about services being offered; and 
(f) help prevent crime, fraud and money laundering.

If you are a Landlord or Letting Agent, the Tool will provide us with information to help you as Landlords and Letting Agents to:

a)  assess and manage tenancy agreements;
b)  assess the financial standing of Renters in relation to the provision of Services to them;
c)  manage accounts of Renters;
d)  contact Renters in relation to accounts they may have and recovering debts they may owe;
e)  verify the identity and or address of Renters to help make decisions about services being offered; and
f) prevent crime, fraud and money laundering.

You acknowledge and agree that Experian’s privacy policy at https://www.experian.co.uk/consumer/privacy.html shall apply to Experian’s processing of any personal information you authorise us to share with Experian via the Platform.

6. INSURANCE SERVICES

With Canopy, Renters may be 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, the Landlord or Letting Agent as joint insured and the Insurance Provider. Details of the contract of insurance can be found at ffindyourcanopy.com(“Policy”). Policies are underwritten by the Insurance Provider.

All statements made by you or information given by you to us or the Insurance Provider in connection with a Policy are your responsibility. You have a duty to take reasonable care to answer all of the Insurance Providers’ questions fully and accurately and to ensure that any information you provide is not misleading. If you do not do this you acknowledge that the Insurance Provider may be able to impose different terms on your policy cover, may charge you a higher premium or, in certain circumstances, may be able to avoid your policy from inception and any claim made would not be paid.

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 or Letting Agent 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 endeavor 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.

7. 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 not 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.

8. 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.

9. NON-INSURANCE SERVICES

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 or Letting Agent 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.

10. 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, (which will manage payment of rent, splitting bills between tenants and will facilitate a pay-as-you-go service) in accordance with its standard terms and conditions: https://www.mangopay.com/terms/Mangopay_Terms-EN.pdf 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.

In order to avoid delays in payment processing and to provide you with an efficient third-party payment processing service we have agreed with MangoPay to remove 3D Secure Authentication from the MangoPay platform payment process for transaction amounts up to £5,000.00, Both payee and payor must hold Canopy Accounts in order to use MangoPay and will therefore have passed Canopy’s own security checks. However, we hereby put you on notice and you hereby agree that

when you create a Canopy Account and agree to these Terms of Service, we shall not be liable to any person in the event of fraud or any other financial crime that may result from your use of MangoPay.

You acknowledge and agree that when using the MangoPay service on our Platform, you will comply with MangoPay’s end user licence agreement in respect to your use of the MangoPay service. You also acknowledge that MangoPay’s privacy policy at https://www.mangopay.com/terms/Mangopay_Terms-EN.pdf shall apply to MangoPay’s processing of any personal information you submit to MangoPay via our Platform.

We also 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.

Within the Platform we offer Renters a service provided by TrueLayer Limited, a company incorporated and registered in England with company number 10278251 whose registered office is at Fleet Place House, 2 Fleet Place, London, England, EC4M 7RF (“TrueLayer”). TrueLayer provides us with a portal through which Renters can authorise TrueLayer to share a Renter’s open banking data with us, which allows us to share your bank account and payment information with selected third parties, such as Experian, strictly in relation to your use of the Platform and the services we provide. Full details about the way in which such banking and payment information is processed are set out in our Privacy Policy. You acknowledge and agree that when using the TrueLayer service on our Platform, you will comply with TrueLayer’s end user licence agreement in respect to your use of the TrueLayer service. You also acknowledge and agree that TrueLayer’s privacy policy at https://truelayer.com/privacy/ shall apply to TrueLayer’s processing of any personal information you submit to TrueLayer via our Platform.

11. THIRD PARTY PLATFORM AND SERVICES

You acknowledge that the Platform and the Services may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that you do so solely at your own risk. We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content, or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and not us. We recommend that you refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. We do not endorse or approve any third-party website nor the content of any of the third-party website made available via the Platform or any of the Services.

12. WHAT WE 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).

13. 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.

14. CHARGES

14.1. 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.

14.2. Charges We may apply administration charges in the following circumstances:

The business fee represents a fee to Canopy of producing the RentPassport and allowing renters to grow their rental profile and also use our current product range (Rent Tracking, Deposit free renting and being able to pay a cash deposit through the platform) as well as our future products. The platform fee will be 2% of deposit value (plus VAT), this is independent of length of lease. The renter will pay the business fee each time they lease a new property with us.

14.3. Other fees may apply in relation to other aspects of the services provided via the Canopy platform, and we encourage our customers to familiarise themselves with the charges contained in our Terms & Conditions.

14.4. In addition to any applicable administration charge, when we arrange a policy the insurer pays us a percentage of the total premium you pay. If the type of policy we sell reaches specific profit targets the insurer also pays us an additional bonus.

15. YOUR USE OF THE WEBSITE AND SERVICES

15.1. 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, illegal unlawful or fraudulent purpose or in any way that might cause harm to us or any other person.

15.2. 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 by 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).

16. INDEMNITY

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.

17. USER CONTENT

All personal data will be processed in accordance with our Privacy Policy: https://findyourcanopy.com/privacy and any other User Content (as defined in Section 7.2 ‘Prohibited Content’ above) will be will be considered non-confidential and non-proprietary unless you specifically advise us otherwise in writing.

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.

18. 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.

19. CONTRIBUTIONS

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.

20. 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 such as under the rules and regulations of the Financial Conduct Authority.

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.

21. TERMINATION

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.

22. PRIVACY AND YOUR INFORMATION

See our Privacy Policy and Cookies Policy which are hereby incorporated into these Terms of

Service by reference, for more information about how your personal data will be processed by us.

23. 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.