Terms & Conditions

BACKGROUND:

These Terms of Service, together with any and all other documents referred to herein, set out the terms under which you may use Our Platform to manage your financial leads. Please read these Terms of Service carefully and ensure that you understand them. You will be required to read and accept these Terms of Service in order to use Our Platform. If you do not agree to comply with and be bound by these Terms of Service, you will not be able to use Our Platform. These Terms of Service, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation

1.1 In these Terms of Service, unless the context otherwise requires, the following expressions have the following meanings:

"Account"means an account required to access and/or use certain areas of Our Site including Our Platform;

"Content"means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site (including, but not limited to, Our Platform);

"Contract"means a contract for the purchase of a Subscription to use Our Platform, as explained in Clause 6;

"Platform"means collectively the online facilities, tools, services, and information that We provide through Our Site for the creation, editing, and hosting of User Sites;

"Subscription"means a subscription to Our Site providing access to Our Platform;

"Subscription Confirmation"means our acceptance and confirmation of your purchase of a Subscription;

"Subscription ID"means the reference number for your Subscription;

"Third Party Service Provider"means a third party providing a service that is offered to Users through Our Platform;

"User"means a user of Our Site;

"User Content"means any Content submitted by a User;

"We/Us/Our"means Blue Owl Network Ltd, a company registered in England under 09633716, whose registered address and whose main trading address is The Granary, 50 Barton Road, Worsley, Greater Manchester, M28 2EB.

2. Information About Us

2.1 Our Site, www.autoconvert.co.uk, is owned and operated by Us. Our VAT number is GB228856472.

2.2 We are a member of the BCCA.

3. Access and Changes to Our Platform

3.1 Access to Our Platform requires a Subscription. Upon purchasing a Subscription, Our Platform will be available to you for the duration of that Subscription and any and all subsequent renewals.

3.2 We may from time to time make changes to Our Platform:

3.2.1 Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We will inform you by email or via Our Platform of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Platform;

3.2.2 Minor changes may be made to reflect changes in the law or other regulatory requirements. We will inform you by email or via Our Platform of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Platform; and

3.2.3 We will continue to develop and improve Our Platform over time, in some cases making significant changes to it. You will be kept fully informed of any and all such changes.

3.3 We will always aim to ensure that Our Platform are available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 4.2. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to availability.

4. Subscriptions, Pricing and Availability

4.1 We make all reasonable efforts to ensure that all descriptions of the services available from Us (specifically, Our Platform) correspond to the actual services that will be provided and/or made available to you.

4.2 Where appropriate, you may be required to select your required Subscription. Different types of Subscription provide access to different features on Our Platform. Please ensure that you select the appropriate Subscription when prompted.

4.3 We may from time to time change Our prices. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription. We will inform you of any change in price at least 60 days before the change is due to take effect. If you do not agree to such a change, you may cancel the renewal of your Subscription.

4.4 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. All pricing information is reviewed and updated every 12 months. Changes in price will not affect any Subscriptions that have already been purchased, but may affect renewals of Subscriptions.

4.5 Business pricing does not include VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

5. Subscriptions - How Contracts Are Formed

5.1 You will be guided through the Subscription process when you make a purchase. Before confirming a purchase, you will be given the opportunity to review your chosen Subscription and amend any errors in your order. Please ensure that you check carefully before confirming your purchase.

5.2 No part of Our Site, Our Platform, or any other material constitutes a contractual offer capable of acceptance. By purchasing a Subscription, you are making Us a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding contract between Us and you (“the Contract”).

5.3 Subscription Confirmations contain the following information:

5.3.1 Confirmation of your chosen Subscription including full details of the main characteristics and features of Our Platform available as part of that Subscription;

5.3.2 Fully itemised pricing, including, where appropriate, taxes and other additional charges;

5.3.3 The duration of your Subscription (including the start date, and the expiry and the renewal date);

5.3.4 Confirmation of your acknowledgement that Our Platform will be made available to you immediately and that, if you are a consumer, you will lose your legal right to change your mind and cancel the Contract;

5.4 In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.

5.5 Any refunds under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

5.6 Subject to the cancellation provisions in Clause 15, once you have confirmed your Subscription purchase, your Subscription cannot be changed until the end or renewal date of that Subscription. Changes made to an auto-renewing Subscription will take effect when the Subscription is renewed.

5.7 By purchasing a Subscription, you are expressly requesting that you wish access to Our Platform to be made available to you immediately (and will be required to acknowledge this).

6. Payment

6.1 Payment for Subscriptions will be made in arrears.

6.2 If you do not make any payment due to Us on time, We may suspend your access to Our Platform and the availability of your User Site(s). If you do not make payment within 7 days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.

6.3 If you believe that We have charged you an incorrect amount, please contact Us at accounts@autoconvert.co.uk as soon as reasonably possible to let us know. You will not be charged while availability is suspended.

7. Our Intellectual Property Rights and Licence

7.1 We grant you a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our Platform, subject to these Terms of Service.

7.2 Subject to the licence granted to Us under sub-Clause 9.3, you retain the ownership of copyright and other intellectual property rights in your User Content (subject to any third party rights in that User Content and the terms of any licence under which you use such Content).

7.3 All other Content included in Our Platform (including all user-facing material, and all underlying material such as code, software, and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

7.4 By accepting these Terms of Service, you hereby undertake:

7.4.1 Not to copy, download or otherwise attempt to acquire any part of Our Platform;

7.4.2 Not to disassemble, decompile or otherwise reverse engineer Our Platform;

7.4.3 Not to allow or facilitate any use of Our Platform that would constitute a breach of these Terms of Service; and

8. Content

8.1 You agree that you will be solely responsible for any and all User Content that you upload to Our Platform. Specifically, you agree, represent and warrant that you have the right to create, or upload, or use the User Content.

8.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 9.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.

8.3 You retain ownership of your User Content and all intellectual property rights subsisting therein (except to the extent that a User Site incorporates Content belonging to Us (including, but not limited to, that forming part of Our Platform)). By creating or uploading User Content, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to store, archive, transmit, display the same for the purposes of operating Our Site and Platform and providing Our services.

8.4 If you wish to remove User Content, you may do so by using the UI of the platform. Removing User Content also revokes the licence granted to Us to use the same under sub-Clause 9.3.

9. Acceptable Usage Policy

9.1 You may only use Our Platform in a manner that is lawful and that complies with the provisions of this Clause 10. Specifically:

9.1.1 You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;

9.1.2 You must not use Our Platform in any way, or for any purpose, that is unlawful or fraudulent;

9.1.3 You must not use Our Platform for unauthorised mass-communications, commonly referred to as “spam” or “junk mail”;

9.1.4 You must not use Our Platform to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and

9.1.5 You must not use Our Platform in any way, or for any purpose, that is intended to harm any person or persons in any way.

9.2 The following types of User Content are not permitted on Our Platform and you must not create, submit, communicate, link to, or otherwise do anything that:

9.2.1 is obscene, deliberately offensive, hateful, or otherwise inflammatory;

9.2.2 promotes violence;

9.2.3 promotes or assists in any form of unlawful activity;

9.2.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

9.2.5 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

9.2.6 is calculated or otherwise likely to deceive;

9.2.7 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

9.2.8 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 10.2);

9.2.9 implies any form of affiliation with Us where none exists;

9.2.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

9.2.11 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

9.3 We reserve the right to suspend or terminate your Account and/or your access to Our Platform if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms of Service. Specifically, We may take one or more of the following actions:

9.3.1 Suspend, whether temporarily or permanently, your Account and/or your right to access Our Platform (for more details regarding such cancellation, please refer to sub-Clause 15.9);

9.3.2 Remove any of your User Content and/or User Site(s) (or any part thereof) which violates this Acceptable Usage Policy;

9.3.3 Issue you with a written warning;

9.3.4 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

9.3.5 Take further legal action against you as appropriate;

9.3.6 Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or

9.3.7 Any other actions which We deem reasonably appropriate (and lawful).

9.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms of Service.

10. Problems with Our Platform and Consumers' Legal Rights

10.1 If you have any questions or complaints regarding Our Platform or any other aspect of Our service, please email Us at issues@autoconvert.co.uk or by using any of the methods provided on Our contact page.

10.2 If you are a consumer, you have certain legal rights under the Consumer Rights Act 2015 that may apply to Our Platform:

10.2.1 Any digital content provided by Us must be as described, fit for purpose, and of satisfactory quality. If digital content is faulty, you may be entitled to a repair or replacement. If a fault cannot be remedied, or has not been remedied within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund. If, as a result of Our failure to exercise reasonable care and skill, any digital content of which Our Platform is comprised (that is not User Content or any part of a User Site that is not Our Content) damages your device or other digital content belonging to you, you may be entitled to a repair or compensation.

10.2.2 Any services provided by Us must be provided with reasonable care and skill and in compliance with information provided by Us. If We fail to do so, you may be entitled to require Us to repeat or otherwise fix the problem or, if We cannot provide such a remedy, a full or partial refund.

10.2.3 10.2.3 For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

10.3 If there is a problem with Our Platform, please contact Us at issues@autoconvert.co.uk or visit the contact page on Our Site.

10.4 Refunds (whether full or partial) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.

10.5 Refunds under this Clause 11 will be made using the same payment method that you used when purchasing your Subscription unless you specifically request that We make a refund using a different method.

11. Disclaimers

11.1 No part of Our Platform or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to any aspect of our services.

11.2 Subject to your legal rights if you are a consumer (as summarised above in Clause 11), insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Platform will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

11.3 We make reasonable efforts to ensure that the content contained within Our Platform is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our Platform (and the content therein) is complete, accurate or up-to-date.

11.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content or User Sites created, uploaded, or hosted using Our Platform. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.

11.5 The following services on Our Platform are provided by Third Party Service Providers:

11.5.1 Phone calls

11.5.1 SMS

11.5.1 Email

11.5.1 Hosting

11.6 We are not responsible for any aspect of any services provided by Third Party Service Providers, nor do we endorse those services in any way.

11.7 Your use of services provided by Third Party Service Providers shall be subject to the terms and conditions specific to those services. We will not be party to any contracts or agreements between you and Third Party Service Providers, nor will we be responsible for such transactions in any way.

12. Our Liability

12.1 If you are a consumer, We will be liable to you for any foreseeable loss or damage that is caused by Us as a result of Our breach of these Terms of Service or Our failure to exercise reasonable care and skill. Loss or damage is foreseeable if it is either obvious that it will occur or was contemplated by you and Us when the Contract between us was formed.

12.2 If you are a business, to the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our Platform or the use of or reliance upon any Content included in Our Platform.

12.3 To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable.

12.4 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Platform or any Content included in Our Platform.

12.5 If you are a business, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

12.6 We exercise all reasonable skill and care to ensure that Our Platform is free from viruses and other malware. Subject to sub-Clause 11.2.1, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Platform (including the downloading of any Content from it) or any other website or service that We may provide a link to.

12.7 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Platform or any User Content resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship

12.8 Nothing in these Terms of Service excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

13. Viruses, Malware and Security

13.1 We exercise all reasonable skill and care to ensure that Our Platform is secure and free from viruses and other malware. We do not, however, guarantee that Our Platform or any User Content are secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 13.6.

13.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.

13.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Platform.

13.4 You must not attempt to gain unauthorised access to any part of Our Platform, the server on which Our Platform is stored, or any other server, computer, or database connected to Our Platform.

13.5 You must not attach Our Platform by means of a denial of service attack, a distributed denial of service attack, or by any other means.

13.6 By breaching the provisions of sub-Clauses 14.3 to 14.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Platform will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.

14. Cancellation

14.1 You may cancel at any time in the following limited circumstances:

14.1.1We have incorrectly described Our Platform or it is faulty (please refer to Clause 11 for more details); or

14.1.2We have informed you of an upcoming change to Our Platform or to these Terms of Service that you do not agree to; or

14.1.3We have informed you of an error in the price or description of your Subscription or Our Platform and you do not wish to continue; or

14.1.4There is a risk that the availability of Our Platform may be significantly delayed due to events outside of Our control; or

14.1.5We have breached these Terms of Service or have in any way failed to comply with Our legal obligations to you.

14.2 Auto-renewing Subscriptions can be cancelled at any time and you will continue to have access to Our Platform for the duration of the remainder of the Subscription period you are currently in.

14.3 To cancel a Subscription for any reason, please inform us using one of the following methods:

14.3.1By telephone, please call your account manager; or

14.3.2By email at accounts@autoconvert.co.uk; or

14.3.3In each case, providing Us with your name, address, email address, telephone number, and Subscription ID.

14.4 We may ask you why you have chosen to cancel your Subscription and may use any answers you provide to improve Our Platform in the future, however please note that you are under no obligation to provide any details if you do not wish to.

14.5 Any and all refunds due to you will be made no later than 14 calendar days after the date on which We acknowledge your cancellation.

14.6 In certain limited circumstances We may cancel your Subscription and/or close your Account. If We take such action, you will be notified by email and We will provide an explanation for the cancellation and/or closure.

14.6.1If your Account is closed and your Subscription cancelled because you have breached these Terms of Service, you will not be entitled to a refund. If you believe We have closed your Account and cancelled your Subscription in error, please contact Us.

14.6.2If your Account is closed and/or your Subscription is cancelled for any other reason, you will be refunded the remaining balance of your Subscription. The refund will be calculated based upon the price of your Subscription being divided by the total number of days in the Subscription and multiplied by the number of whole days remaining until the end of the Subscription. Any and all refunds due to you will be made no later than 14 calendar days after the date on which the closure and/or cancellation becomes effective.

15. Contacting Us

15.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at help@autoconvert.co.uk or by contacting your account manager.

15.2 For matters relating Our Platform or your Subscription, please contact Us by email at accounts@autoconvert.co.uk.

15.3 For matters relating to cancellations, please contact Us by email at accounts@autoconvert.co.uk.

16. Complaints and Feedback

16.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

16.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available upon request.

16.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:

16.3.1By email, addressed to Management at management@autoconvert.co.uk;

17. Privacy and Cookies

The Use of Our Platform is also governed by Our Privacy Policy and Cookie Policy, available from Privacy Policy and Cookies.

18. How We Use Your Personal Information (Data Protection)

18.1 All personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

18.2 We may use your personal information to:

18.2.1Provide Subscriptions and Our Platform to you;

18.2.2Process your payment; and

18.2.3Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.

18.3 We will not pass on your personal information to any third parties unless the law requires it.

19. Other Important Terms

19.1 We may transfer (assign) Our obligations and rights under these Terms of Service (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Service (and the Contract) will not be affected and Our obligations under these Terms of Service (and the Contract) will be transferred to the third party who will remain bound by them.

19.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Service.

19.3 If any of the provisions of these Terms of Service are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Service. The remainder of these Terms of Service shall be valid and enforceable.

19.4 No failure or delay by Us in exercising any of Our rights under these Terms of Service means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Service means that We will waive any subsequent breach of the same or any other provision.

19.5 We may revise these Terms of Service from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Service as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 15.4 above).

20. Law and Jurisdiction

20.1 These Terms of Service, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

20.2 If you are a consumer, any disputes concerning these Terms of Service, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

20.3 If you are a business, any disputes concerning these Terms of Service, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.