The services available at www.homeshift.com, herein referred to as the "Site", are owned and operated by LawDeck Ltd, registered office: 86-90, Paul Street, London, EC2A 4NE, herein referred to as "HomeShift”, “we”, “our” or “us”, and are provided to the consumer, herein referred to as the "Consumer”, “you” or “your”.
1.1. HomeShift is an information management service and an auto-switching site that allows you to easily navigate the moving process, manage your home, connect with utility, telecoms and insurance service providers and take control of your household services and insurance coverage (“Services”).
1.2. The Service will allow you to:
1.3. In order to access, use, act on your behalf in the context of auto-switching and other certain aspects of the Service, we need your authorisation to retrieve and manage the Account Information maintained by such third-party institutions and require you to provide us with all relevant information, signatures, data, passwords, usernames, PINs, and other information, materials, and content necessary for us to do so.
When appropriate, from time to time, we will switch the product or service that you receive to one which we determine to be the most suitable for you as determined by the assessment described below.
We will inform you of any decision we make to switch by email or another agreed method of communication. At the same time, we will give you our reasons for making the switch and the details of the switch.
We attempt to include all available offers and analyse the market in finding the most suitable offer for you. However, we cannot guarantee that offers may exist that we have been unable to identify, for example, without limitation, those not advertised or not made widely available to the public.
Where an offer has been withdrawn by the supplier due to reasons beyond our control even when we are the whitelabel, we will switch you to another available deal. When we are made aware, or come to realise that a switch has been unsuccessful, we will notify you of it and switch you to the best available deal we can find at that time.
You will be able to cancel any switch that we make on your behalf as part of the Service within the relevant cooling-off period by contacting us.
Whilst our Service is tailored to individual preferences and circumstances and our decisions are made according to the details provided to us by you or by third parties it remains your responsibility to ensure suitability, adequacy and appropriateness of the product or service that is chosen for you.
If you are in any doubt as to the suitability, adequacy or appropriateness of any product or service chosen through this Service, you should seek independent professional advice.
1.7. Contracts with Third Parties
By submitting your details to us, you will be making offers to obtain the relevant products or services from third parties that we select on your behalf as a whitelabel that depending on their terms and conditions may be accepted or rejected. The contract for the product or service will only be concluded once your offer has been accepted. You will receive confirmation when your offer has been accepted.
2.1. By using the Service, you designate HomeShift as your agent and attorney-in-fact and authorise us to contact such third-party institutions, on your behalf, to retrieve such Account Information, switch you to a supplier we have assessed as fitting your needs and to register for access to the Accounts requested by you.
2.2. You further authorise us to: (i) store your Account Information; (ii) access the Accounts using the Account Information you provide us; (iii) use any signatures or other materials you provide us in order to provide the Service to you; (iv) gather and export from such Accounts any data or other information reasonably necessary for us to provide the Service to you; and (v) otherwise take any action in connection with such Accounts as reasonably necessary for us to provide the Service to you, including but not limited to opening accounts, switching your accounts and arranging insurance coverage on your behalf at third-party institutions and making changes on your behalf with such third-party institutions.
2.3. You represent and warrant that the Account Information you provide us is accurate and complete, and that you are authorised to submit it to us without any obligations on us, including but not limited to the payment of fees. We have no liability or other responsibility for inaccuracy or incompleteness, or your inability to use the Service due to such inaccuracy or incompleteness.
2.4. You acknowledge and agree that when we access and retrieve information from third party sites, we are acting as your agent, and not the agent or on behalf of the third party. You agree that those third-party institutions are entitled to rely on the foregoing authorisation, agency, and power of attorney granted by you. You understand and agree that the Service is not endorsed or sponsored by any third party account providers accessible through the Service.
3.1. If you choose to use the Service with respect to any line of insurance that we are licensed to transact, you agree to (i) designate HomeShift as your broker of record or agent of record, (ii) authorize us to communicate such designation as broker or agent of record to any insurance provider, your prior insurance provider, and any other person or entity we determine should be advised; and (iv) permit us to receive any commission or other form of compensation that an insurance provider agrees to pay us.
3.2. For the avoidance of doubt, we do not, at any point in time, enter into contracts for you or on your behalf with an insurance provider. In the event that you make use of the Service to enter into an insurance contract, you are entering into the contract directly with the relevant insurance provider you selected.
3.3. The decision if and with which insurance provider you enter into an insurance contract lies entirely with you. We merely provide the technical means for entering into the contract. The contract itself is always entered directly by the policy holder (you) and the relevant insurance provider you selected.
4.1. By using the Service, you agree to provide true, accurate, current and complete information to us. You agree to keep details of your Accounts and Account Information up to date and accurate.
4.2. You may not use another person's email address or the name of another individual when using the Service and you agree to notify us immediately of any unauthorised use of your email or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply.
4.3. You also agree you will not do anything that affects the integrity or security of the Service or the Site or causes or may cause harm, damage or unreasonable inconvenience to other users of the Service or the Site or us; and you will not gather, extract, download, reproduce and/or display or advertise on any other website, other online or off-line service or otherwise, any material on or from the Site, whether that information has been gained by the use of spiders, data mining, trawling or other 'screen scraping' software or system used to extract data.
4.4. In the event you breach one or more of the obligations set out in this section, you accept that we reserve our rights to take any such action as we deem appropriate, including but not limited to denying you access to the Service, bringing legal proceedings against you and disclosing such information to appropriate legal and/or regulatory bodies.
5.1. If we provide you any professional information in the course of providing the Service, it is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any such information without first seeking independent professional advice from a person who is licensed and/or qualified in the applicable area.
6.1. All information, data and copyright material contained on the Site, including any trade marks (whether officially registered or unregistered), trade names, brands, logos and devices belong to us or to parties whom have given us ownership or permission to use such information data and/or copyright material. You must not use such information or copyright material unless you have written permission from us or the owner to do so.
7.1. We will implement and maintain commercially reasonable administrative, physical, and technical safeguards designed to prevent any unauthorised use, access, processing, destruction, loss, alteration, or disclosure of any Account Information, and other sensitive data or information you provide us.
7.2. We will endeavour to comply with all notification obligations, including as to the cost, timing, and content of providing notice to any affected individual, as may be required by law.
7.3. We hold a data protection registration and comply with the Data Protection Act 1998. Our registration number is ZA01036.
8.1. You expressly understand and agree that your use of the Service and all information, products and other content (including that of third parties) included in or accessible from the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind as to the Service and all information, products and other content (including that of third parties) included in or accessible from the Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
8.2. We make no warranty that (a) the service will meet your requirements, (b) the Service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or (v) any errors in the technology will be corrected.
8.3. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the Service will create any warranty not expressly stated in these terms.
9.1. Nothing in these terms shall exclude or limit liability for fraud or for any other liability that cannot be excluded or limited by law.
9.2. Subject to paragraph 7.1, you agree that we will not be held liable for (a) any damages for loss of profits, goodwill, use, data or other intangible losses, or (b) for any indirect, incidental, special, consequential loss, even if in each case we had been advised of the possibility of such damages or losses, resulting from: (i) the use or the inability to use the Service; (ii) the cost of getting substitute goods and services, (iii) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Service; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of anyone on the service; (vi) the use, inability to use, unauthorised use, performance or non-performance of any third-party site, even if the third-party has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Service.
10.1. You agree to protect and fully compensate us from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable legal fees) caused by or arising from any misuse by you of the Service, your violation of these terms or your infringement of any intellectual property or other rights.
11.1. We reserve the right to change or discontinue, temporarily or permanently, the Service at any time without notice. You agree that we will not be liable to you or any third party for any modification or discontinuance of the Service. We reserve the right to alter any features or other characteristics of the Service.
12.1. You may cancel your subscription to the Service at any time upon email request to us at firstname.lastname@example.org. On cancellation, your personally identifiable information will be securely and permanently deleted from our systems.
13.1. We reserve the right to issue a warning, temporarily suspend, permanently suspend or terminate your right to use the Service as we deem appropriate if you:
14.1. We may amend these terms at any time without prior notice by posting the amended terms and conditions to the Site.
15.1. If any provision of these terms is held by a competent authority to be invalid or unenforceable, the remaining provisions of these terms will not be affected and will remain valid.
15.2. In the event of a dispute in connection with or arising from these terms, English law will apply.
15.4. No failure or delay by us in exercising any right under these Terms will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right.
15.5. We may transfer our rights and obligations under these Terms to another organisation, provided that this would not materially impact the Service.
15.6. This contract is personal to you and you cannot transfer it to another person.
15.7. These Terms are a legally binding agreement between you and us. No other person shall have any rights to enforce any of the provisions set out in these Terms.
These terms and conditions were last updated on January 3rd 2017.