These Conditions set out the terms that will apply as between you and Q4 in connection with your use of the Website and the Service (as referred to below).
The Website acts as a venue to allow users of the Website to compare the prices of insurance policies offered by selected leading UK insurance providers.
By using the Website, you are agreeing to be bound by these Conditions.
Q4 may amend these Conditions at any time by posting details of the amendments on the Website. You agree that each time you log on to the Website and use the Service, you will be bound by the then current Conditions that are in force when you log on.
2. The Website
11. Whole Agreement
1. Use of the Service
1.1 The Service is not available to:
1.1.1 persons under the age of sixteen years;
1.1.2 any person acting in the course of business;
1.1.3 persons who are not resident in the United Kingdom;
1.1.4 individuals who are bankrupt; or
1.1.4 individuals who have had a receiver appointed in respect of them under the Mental Health Act 1983 or have had Court of Protection proceedings commenced in respect of them.
1.2 By using the Service, you warrant that none of the circumstances listed in Condition 1.1 apply to you.
1.3 Q4 reserves the right to limit, suspend or terminate your use of the Service or any part of it at any time, for any reason, at its absolute discretion.
2. The Website
2.1 Your access to and use of the Website and the Service is at your own risk. Q4 does not sell insurance or provide financial advice. Q4 is authorised and regulated by the Financial Services Authority (FSA FRN 444539) to conduct the regulated business of introducing and arranging Insurance Products. The Website is operated simply as a comparison service. Before purchasing insurance we encourage you to consult a professional in that field. Action based on any information contained in the Website is at your own risk. Q4 and its employees are not responsible for any results, (direct or indirect), generated by the Website by your use of the Service.
2.2 Q4 provides indications of the approximate insurance premium that may be available and payable in relation to insuring a risk as you have described in the forms you have completed on the Website. Whilst insurance providers do everything possible to give accurate estimates of premiums via the Website, it is not possible to guarantee that you will be able to buy insurance at the premium quoted. Q4 holds no responsibility for ensuring that you can actually purchase your insurance at the price indicated. The cheapest insurance may not be the best insurance for you as the terms applicable to insurance policies vary.
2.3 Insurers regularly change their prices and rates. When you receive your quotes you should be told by the relevant insurance provider for how long each quote is valid.
2.4 In order to buy insurance based on a quote obtained using the Service, you will need to contact the insurance provider direct. We will give you a link to their website and/or their telephone number along with the reference number needed to access your details.
2.5 Before you buy you must check all the information that the insurance provider holds about you is correct. Failure to do so could result in your insurance policy being invalid. You must also read the insurance provider's own terms and conditions. They are the terms and conditions that you agree to by buying an insurance policy from them and are separate from Q4's Conditions.
2.6 Most insurance providers make certain assumptions about you, for example, that 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 with the insurance provider and incorrect information could invalidate your insurance. Before you use the Service, you will need to confirm to us as follows:
• has no more than seven seats nor is a motor caravan;
• is not used for private hire, competitions, rallies or any purpose in connection with the motor trade.
2.7 We accept no liability whatsoever for the terms applying to an insurance contract entered into with any provider or for any problems or complaints that may arise in connection with your insurance product.
2.8 You agree not to copy or tamper with the software and functionality of the Website in any way whatsoever, including without limitation by introducing Malicious Code.
2.9 Q4 may at any time change, alter, replace, amend or remove any part or all parts of the Service at Q4's absolute discretion.
2.10 Q4 may offer new or additional services through the Website from time to time. Your use of those services may be subject to additional terms and conditions. Any failure by you to comply with those additional terms and conditions will constitute a breach of these Conditions.
3. Your Information
3.1 In order to get a quote for an Insurance Product, you will need to answer a number of questions. Your answers will determine the amount you pay and the level of cover you receive. It is very important that you answer all questions in good faith and truthfully and that you fully disclose all relevant facts. If you do not provide your insurer or financial services provider with the information they ask for or fail to tell them about any change it could invalidate your insurance and may be a criminal offence.
3.2 You warrant to Q4 and Q4's Partners that the information provided by you via the Website is true, accurate and complete. You covenant with Q4's Partners to observe and perform your obligations under these Conditions.
4. Warranty and Q4's liability
4.1 Nothing in these Conditions shall exclude or restrict Q4's liability for death or personal injury resulting from the negligence of Q4 or of its employees while acting in the course of their employment.
4.2 Although the Website has been put together very carefully, there is the possibility that unintentional omission or errors may exist. Q4 is not responsible for any errors or omissions.
4.3 The insurance products that are referred to on the Website are not provided by Q4 and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services before you go ahead. We accept no liability for the suitability of any products, services or information provided by third party providers.
4.4 Q4 is not liable in any way whatsoever, except in the circumstances covered in Condition 4.1 above, to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business howsoever caused.
4.5 You acknowledge and agree that computer systems and software are not error, fault or bug free, nor secure from persons wishing to misuse, tamper with, erase, alter or in any other way corrupt computer systems and you agree that it is your responsibility to screen all communications from Q4 for Malicious Code prior to downloading or opening them. Q4 shall have no liability in the event that your computer system shall be affected by any Malicious Code.
4.6 Q4 will at all times use reasonable endeavours to maintain an uninterrupted and error-free service. However, Q4 makes no representations or warranties expressly or impliedly that use of the Service will be uninterrupted or error-free. Q4 cannot accept any responsibility for interruption to, or unavailability of, the Service if this is due to circumstances beyond Q4's direct control, in particular, interruption to the availability of the internet or communication links which are provided to Q4 by third parties. Moreover, Q4 may interrupt the Service, at any time, for any reason, including test, control and maintenance.
5. Your liability for breach of the Conditions
You shall indemnify Q4 and Q4's Partners and keep Q4 and Q4's Partners at all times fully indemnified from and against all actions, proceedings, claims, demands, costs and other liabilities however arising directly or indirectly as a result of any breach or non-performance by you of any of your obligations under these Conditions. This is important due to the requirement of good faith that exists when entering into an insurance contract, and the effect that it would have on Q4 and Q4's Partners if you provide any incorrect information.
6. Transfer of your and our rights and responsibilities
6.1 You shall not be entitled to assign or otherwise transfer any of your rights or obligations under these Conditions or hold the benefit of such rights in trust for any other person or use your rights and the Service for any other person without Q4's prior written consent.
6.2 Q4 may assign any of its rights and shall be entitled to delegate any of its obligations under these Conditions to any person. Any such delegation shall not affect the obligations of Q4 under these Conditions.
7. Our Intellectual Property in the Website
You acknowledge that all intellectual property rights in and relating to the Q4 Website and the Service are owned by Q4. You agree not to copy the Website or to access or attempt to access any of the software, data or information comprised in the Website without the prior consent of Q4.
8. Links to other websites
Q4 may provide links from the Website to other websites. You acknowledge and agree that Q4 is not responsible for the availability of such sites and does not endorse or have responsibility for such sites or anything which appears on such sites.
9.1 Q4 (without prejudice to its other rights) may terminate your rights to access and use the Website and the Service at any time forthwith by notice in writing to you if you commit a breach of any of the provisions of these Conditions.
9.2 Your rights to access and use the Website and the Service shall automatically terminate if you commit a breach of any of Conditions 1.2, 2.8, 3 or 7.
9.3 If your rights to access and use the Website and the Service terminate, then you must not access or use or attempt to access or use the Website and/or the Service again without the prior written consent of Q4.
10. Our Insurance Comparison Services, Regulation and Complaints (Click here to download and save a copy of this section - If you would like us to email a copy to you, please send a blank email to firstname.lastname@example.org)
10.1 The Financial Services Authority (FSA)
The FSA is the independent watchdog that regulates financial services. It requires us to give you the information contained in this Condition 10.1. Use this information to decide if our services are right for you.
10.2 Whose products do we offer?
We do not sell any insurance products to you. We gather information from you and use this to obtain quotations from a range of intermediaries and/or insurers. It is then up to you to contact the intermediary/insurer (usually via a hyperlink from our website to their website) in order to buy the insurance from them. Ask us for a list of the intermediaries/insurers we use.
10.3 Which service will we provide you with?
We will only provide quotations and information on how to contact the intermediaries/insurers. We will not give any advice or make a recommendation for you.
10.4 What will you have to pay us for our services?
You will not have to pay us for the service we provide.
10.5 Who regulates us?
Q4 is the trading name of Financial Management Technology Services Limited who are authorised and regulated by the Financial Services Authority. Our FSA Register number is 444539.
Our permitted business is arranging and advising of non-investment insurance contracts.
You can check this on the FSA's Register by visiting the FSA's website www.fsa.gov.uk/register or by contacting the FSA on 0845 606 1234.
10.6 What to do if you have a complaint
If you wish to register a complaint, please contact us:
…in writing Write to Q4 Insure, P.O. Box 285, Wilmslow, Cheshire SK9 2WD
… by fax Fax to 0845 838 1434
If you cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service.
10.7 Are we covered by the Financial Services Compensation Scheme (FSCS)?
We are covered by the FSCS. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim.
Insurance advising and arranging is covered for 100% of the first £2,000 and 90% of the remainder of the claim, without any upper limit. For compulsory classes of insurance, insurance advising and arranging is covered for 100% of the claim, without any upper limit.
Further information about compensation scheme arrangements is available from the FSCS.
11. Whole Agreement
12.1 If any part, term or provision of these Conditions, not being of a fundamental nature, shall be held to be illegal or unenforceable, the validity or enforceability of the remainder of these Conditions shall not be affected.
12.2 The waiver of any breach of any provisions of these Conditions shall not be construed as a waiver of any subsequent breach of a Condition, nor shall any delay or omission on the part of either party to exercise any right under these Conditions operate as a waiver of any breach or default by the other party.
12.3 Any notice required to be served by these Conditions shall be sent by email to Q4's given email address or your email address provided to Q4.
12.4 You and Q4 agree and intend that these Conditions shall not operate to confer any rights or benefits on any third parties other than Q4's Partners, provided always that no consents shall be required from any of Q4's Partners to vary or rescind these Conditions.
12.5 Nothing in these Conditions shall create a partnership or the relationship of principal and agent between Q4 and you.
12.6 The validity, construction and performance of these Conditions shall be governed by English law, and shall be subject to the exclusive jurisdiction of the Courts of the United Kingdom.
13.1 In the context of these Conditions (unless the context otherwise requires):
"Conditions" means any condition or all conditions of these Terms and Conditions;
"Malicious Code" means any virus, worm, Trojan horse, cancelbot or any other destructive or contaminating program;
"Q4" means Financial Management Technology Services Limited (Company Number: 2101775) trading as Q4 Insure;
"Q4's Partners" means the third party insurance providers who make details of the insurance products that they offer available on the Website;
"Service" means the service for the time being provided by Q4 in accordance with the provisions of these Conditions, including the Website;
"Website" means the website operated by Q4 addressed by the Uniform Resource Locator www.q4.com.
13.2 Any reference in these Conditions to any provisions of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
13.3 The headings in these Conditions are for convenience only and shall not affect its interpretation.
13.4 References to persons in these Conditions can include companies, associations, partnerships and all other legal entities or groups of legal entities.