Tom Mobile Application End User Licence Agreement

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY CLICKING ON THE “ACCEPT TERMS AND CONDITIONS” BUTTON YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK ON THE “ACCEPT TERMS AND CONDITIONS” BUTTON.

Who we are and what this agreement does

Candid Insurance Services Ltd t/a Tom.co.uk (“We/Our/Tom/Us”) of 920 Hempton Court Aztec West, Bristol, England, BS32 4SR licenses the User (“You/Your”) to use:

• Tom mobile application software (App) and any updates or supplements to it.
• Any App related online documentation (Documentation).
• The services you connect to via the App and the content provided to you through it (Services) including but not limited to the ability to view your Tom.co.uk insurance documents and other insurance policies stored in the wallet feature of the App and view and update your personal information. We will also provide quotes and/or links to other insurance products.

as permitted in these terms.

Your privacy

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. We are also required to notify you of our Cookies policy. This information is provided in https://www.tom.co.uk/privacy unless you are using a specific service to which a different privacy policy applies, as set out in these terms and it is important that you read that information.

It is important that the personal data we hold about you is accurate and current. Please update your details in the App if your personal data changes during your relationship with us.  This enables us to share relevant information with you about the App and the Services.

Services

The Services may be provided by us or our third party partners.  Where a specific Service is provided by a third party, they will be identified in the paragraph below.

We will not be responsible for and will not be liable for any element of the Services provided by a third party or for any contracts entered into between you and the third party.  Any contract entered into with a third party using the App or the Service is between you and that third party and not with us.  We recommend that you refer to the terms and conditions of third party provided Services and privacy policies before using third party Services or entering into contracts with third parties using the App or the Services.  

Information and Data

You are responsible for the information given in response to each question in an application form. 

As part of You taking up a new product there may be a ‘soft credit check’ on Your data and credit history. These are not full credit searches and will not affect Your credit rating. You can see these soft checks if You get Your credit report but they have no impact on Your credit score.

We may use data already held about You (for example, from existing products) to assess and rate Your cover and determine Your premium.

The terms of the AppStore or Google Play Store (as applicable) (Store) also apply

The ways in which you can use the App and Documentation may also be controlled by the Store’s rules and policies,see here for the Apple App Store policy and here for the Google Play Store policy, and the Store’s rules and policies will apply instead of these terms where there are differences between the two.

Operating system requirements

This app requires devices with minimum operating system requirements as set out in the Store details for the app from time to time.  

Support for the App and how to tell us about problems

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at hello@tom.co.uk.

How we will communicate with you. If we have to contact you we will do so by telephone, email, or SMS using the contact details you have provided to us or push notifications to your device.

How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

• download or stream a copy of the App onto as many devices as you wish and view, use and display the App and the Service on such devices for your personal purposes only however download of the App in certain countries may be restricted. 
• use any Documentation to support your permitted use of the App and the Service.
• receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

Age Requirements

You must be 18 or over to accept these terms and download the App.

Charges

We do not charge for the services that We provide to You via the App.

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above.  You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce or any changes to the Services.

We will give you at least 30 days notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes we may discontinue your use of the App. 

Update to the App and changes to the Service

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.  Failure to install updates may also cause damage to your device which we will not be responsible as set out in the section entitled “When we are liable for damage to your property” below.

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

Licence restrictions

You agree that you will:

• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
• not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  • is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • is not used to create any software that is substantially similar in its expression to the App;
  • is kept secure; and
  • is used only for the Permitted Objective;
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

Acceptable use restrictions

You must:

• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill , but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the Store site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event  but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

We are not responsible for any external links, communications or products that are not provided by Us.

We are not responsible for external links. Where we refer to external links to other sites and resources provided by third parties, these links are provided for Your information only. Such links should not be interpreted as approval by Us of those linked websites or information You may obtain from them.

We have no control over the contents of those sites or resources.

We are not responsible for viruses that may occur via external links.

We do not guarantee that Our site will be secure or free from bugs or viruses.

You are responsible for configuring Your information technology, computer programs and platform to access this App. You should use your own virus protection software.

The content on Our App is provided for general information only. It is not intended to amount to advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although We make reasonable efforts to update the information on Our site, We make no representations, warranties or guarantees, whether express or implied, that the content on Our site is accurate, complete or up to date. If You believe any information on this site is inaccurate, please contact Us on hello@tom.co.uk

We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

• You must stop all activities authorised by these terms, including your use of the App and any Services.
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
• We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

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.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, 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.

Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and the courts of England and Wales shall have exclusive jurisdiction arising out of any dispute that arises out of or is in connection with these terms. 

Alternative dispute resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can request a review of our handling of your complaint from the European Online Dispute Resolution platform: ec.europa.eu/consumers/odr/.

If you want the Financial Ombudsman Service to consider your complaint, you must send your complaint to them within 6 months of the date of our final response to your complaint. Their contact details are: The Financial Ombudsman Service, Exchange Tower, London, E14 9SR Telephone: 0300 1239 123. Calls to this number cost no more than calls to 01 and 02 numbers 0800 023 4 567 calls to this number are now free on mobile phones and landlines Email: complaint.info@financial-ombudsman.org.uk Information regarding the service can be found on the Financial Ombudsman website: 

http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm. 

About us

Tom is a trading name of Candid Insurance Services Ltd which is registered in England and Wales, 920 Aztec West, Bristol BS32 4SR, company number 07279489 and is authorised and regulated by the Financial Conduct Authority (603273). VAT: 160484711