COMPARE CARING TERMS OF USE (U.S.)

These Terms govern the use of Compare Caring, and, any other related Agreement or legal relationship with Compare Caring in a legally binding way.

The User must read this document carefully.

Compare Caring is a trading style of Ice Mushi Ltd, company number 12007263, Registered in England and Wales, Registered office address Fairbank, Chauntry Road, Maidenhead, SL6 1TR.

Owner contact email: [email protected]

What the User should know at a glance

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

Unless otherwise specified, the terms of use detailed in this section apply generally when using Compare Caring. Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

Account registration

To use the service, Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Compare Caring. By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform Compare Caring via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Account termination

Users can terminate their account and stop using the Service at any time by emailing [email protected] and requesting their account be terminated.

Account suspension and deletion

Compare Caring reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on Compare Caring

Unless where otherwise specified or clearly recognisable, all content available on Compare Caring is owned or provided by Compare Caring or its licensors. Compare Caring undertakes its utmost effort to ensure that the content provided on Compare Caring infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on Compare Caring – All rights reserved

Compare Caring holds and reserves all intellectual property rights for any such content. Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Compare Caring, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on Compare Caring, the User may download, copy and/or share some content available through Compare Caring for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by Compare Caring are correctly implemented. Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users

Compare Caring allows Users to upload, share or provide their own content to Compare Caring. By providing content to Compare Caring, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on Compare Caring they grant Compare Caring a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of Compare Caring as contractually required.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to Compare Caring. Users acknowledge, accept and confirm that all content they provide through Compare Caring is provided subject to the same general conditions set forth for content on Compare Caring.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through Compare Caring. Users acknowledge and accept that Compare Caring does not filter or moderate such content.

However, Compare Caring reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to Compare Caring:

• if any complaint based on such content is received
• if a notice of infringement of intellectual property rights is received
• upon order of a public authority
• where Compare Caring is made aware that the content, while being accessible via Compare Caring, may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement. Users agree to hold Compare Caring harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through Compare Caring.

Access to external resources

Through Compare Caring Users may have access to external resources provided by third parties. Users acknowledge and accept that Compare Caring has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

In particular, on Compare Caring Users may see advertisements provided by third parties. Compare Caring does not control or moderate the advertisements displayed via Compare Caring. If Users click on any such advertisement, they will be interacting with any third party responsible for that advertisement. Compare Caring is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.

Acceptable use

Compare Caring and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law. Users are solely responsible for making sure that their use of Compare Caring and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, Compare Caring reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Compare Caring or the Service, terminating contracts, reporting any misconduct performed through Compare Caring or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:

• violate laws, regulations and/or these Terms
• infringe any third-party rights
• considerably impair Compare Caring’s legitimate interests
• offend Compare Caring or any third party

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on Compare Caring, as part of the Service, are provided on the basis of payment. The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of Compare Caring.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of Compare Caring and are subject to change without notice. While Products on Compare Caring are presented with the greatest accuracy technically possible, representation on Compare Caring through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product. The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process. The purchasing process includes these steps:

• Users must choose the desired Product and verify their purchase selection.
• After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

Order submission

When the User submits an order, the following applies:

• The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
• In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
• Upon submission of the order, Users will receive a receipt confirming that the order has been received.
• All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged. Prices on Compare Caring are displayed:

• either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

Methods of payment

Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Compare Caring.

All payments are independently processed through third-party services. Therefore, Compare Caring does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If payment through the available methods fail or is refused by the payment service provider, Compare Caring shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by Compare Caring.

Delivery

Performance of services

The purchased service shall be performed or made available within the timeframe specified on Compare Caring or as communicated before the order submission.

Trial period

Users have the option to test Compare Caring or selected Products during a pre-agreed, limited and non-renewable trial period (usually one month). Users will receive a 50% discount during this trial period. Some features or functions of Compare Caring may not be available to Users during the trial period. Further conditions applicable to the trial period, including its duration, will be specified on Compare Caring. The trial period shall automatically convert into the equivalent paid Product, unless the User cancels the purchase before the trial period expires.

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by Compare Caring. In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions. Compare Caring does not guarantee lead volumes, lead quality or conversions of leads. Compare Caring does not provide a refund based on lead quality.

Termination of open-ended subscriptions

Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to Compare Caring using the contact details provided in this document. Terminations shall take effect 1 days after the notice of termination has been received by Compare Caring.

Liability and indemnification

Compare Caring is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, Compare Caring expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, Compare Caring, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

Compare Caring does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Compare Caring shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible, or it may not function properly with Users’ web browser, mobile device, and/or operating system. Compare Caring cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall Compare Caring, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for:

• loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorised access to or use of Compare Caring’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party. In no event shall Compare Caring, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to Compare Caring hereunder in the preceding 12 months, or the period of duration of this agreement between Compare Caring and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold Compare Caring and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:

• User’s use of and access to the Service, including any data or content transmitted or received by User
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights
• User’s violation of any statutory law, rule, or regulation
• any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information
• User’s willful misconduct; or
• statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law
• Common provisions

No Waiver

Compare Caring’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, Compare Caring reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately. Within the limits of law, Compare Caring may also decide to suspend or terminate the Service altogether. If the Service is terminated, Compare Caring will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside Compare Caring’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Compare Caring and of its Service without Compare Caring’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of Compare Caring.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Compare Caring are the exclusive property of Compare Caring or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Compare Caring are, and remain, the exclusive property of Compare Caring or its licensors and are subject to the protection granted by applicable laws.