Terms & Conditions
Interpretation
The words with capitalized initial letters carry the meanings outlined below. The following definitions maintain their significance whether expressed in singular or plural form.
Definitions
For the purposes of these Terms and Conditions:
Application means the software program provided by This Agency, downloaded by You onto any electronic device, named This Agency.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) through which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" signifies ownership of 40% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority
Account means a unique account created for You to access our Service or portions thereof
Country refers to the United States.
Company refers to This Agency, along with each of its direct and indirect subsidiaries, sister companies, and parent companies.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, irrespective of the form of that content.
Device means any device capable of accessing the Service, such as a computer, a cell phone, or a digital tablet.
Feedback means Your feedback, innovations, or suggestions regarding the attributes, performance, or features of our Service.
Enhanced Services refer to any items or additional services available for you to purchase through the Service. In-app Purchase refers to the acquisition of a product, item, service, or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.
Leads mean the identifying information for any potential purchasers of insurance and related products, which (i) You already own, (ii) You have purchased from This Agency or one of its Affiliates, or (iii) have otherwise been assigned to You by This Agency for use with the Service.
Orders mean a request by You to purchase Enhanced Services from Us
Service refers to the Application, the Website, or both, both of which are being provided as a "beta version" to a limited number of users for testing and feedback.
Subscriptions refer to the services or access to the Service offered on a subscription basis by This Agency to You.
Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that constitute the entire agreement between You and This Agency regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service
Website refers to https://thisagency.co.uk/. You means the individual accessing or using the Service, or
This Agency, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions outline the rights and obligations of all users regarding the use of the Service.
our access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You must complete any onboarding training prescribed by This Agency before using the Service. If You have been using the prior "pilot" version of the Service and have not subscribed to use this "beta version" of the Service and completed the training described above, your access to the Service will be terminated on May 31, 2024.
All support services associated with the Service, the Website, or the Application will be provided by This Agency.
You represent that you are over the age of 18. This Agency does not permit individuals under the age of 18 to use the Service.
Leads
You are strictly prohibited from uploading or otherwise adding any Leads to Your Account that have not been assigned to you by This Agency or one of its Affiliates. You agree that you will work all Leads uploaded or added to your Account only through the Service and in accordance with the Service’s designated processes, and not through any other platforms or other means. Additionally, for all such Leads purchased through or otherwise assigned to you by This Agency or one of its Affiliates, You agree that such Leads are subject to the lapse rules applicable thereto, as may be in effect from time to time ("Lead Lapse Rules"). You may contact This Agency regarding the applicable Lead Lapse Rules in effect for any Leads you purchase or have purchased.
Placing Orders for Enhanced Services
By placing an Order for Enhanced Services through the Service, You warrant that You are legally capable of entering into binding contracts.
Your Information
If You wish to place an Order for Enhanced Services available on the Service, You may be asked to supply certain information relevant to Your Order, including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and (ii) the information You supply to us is true, correct, and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for the purpose of facilitating the completion of Your Order.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Enhanced Services on the Service. The Enhanced Services available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Enhanced Services on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
This Agency reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by This Agency subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of This Agency. In that event, You will have the right to cancel Your Order.
Payments
All Enhanced Services purchased will be subject to either a one-time payment or through a Subscription on the terms described below for Subscriptions. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards, or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Subscriptions
Subscription period
The Service or some parts of the Service may be available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or This Agency cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting This Agency. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Service until the end of Your current Subscription period.
If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.
Billing
You shall provide This Agency with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information.
Should automatic billing fail to occur for any reason, This Agency will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.
Fee Changes
This Agency, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
This Agency will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by This Agency on a case-by-case basis and granted at the sole discretion of This Agency.
If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
In-app Purchases
The Application may include In-app Purchases that allow you to buy products, services, or Subscriptions.
More information about how you may be able to manage In-app Purchases using your Device may be outlined in the Application Store's own terms and conditions or in your Device's Help settings.
In-app Purchases can only be consumed within the Application. If you make an In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting us directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions.
If you have any payment-related issues with In-app Purchases, then you need to contact the Application Store directly.
User Accounts
When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
Content
Your Right to Post Content
Our Service may allow You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service, and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
Content Restrictions
This Agency is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine-generated, or randomly-generated content, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
• Impersonating any person or entity, including This Agency and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.