Terms of Use

Last updated 12th December, 2023

Introduction

Shepherd Compello Ltd ("SC") is a company registered in England & Wales number 04695072 at 88 Leadenhall Street, London, EC3A 3BP. SC is an insurance intermediary, authorised and regulated by the Financial Conduct Authority, reference number 311810.

This website and any parent or child sites (collectively, the “Site”) allows users to access information and obtain quotes and coverage, and change or cancel such coverage, for certain insurance products placed by SC with insurers, as detailed in any Policy Wording(s) issued (excluding claims which are notified to an approved Third Party Administrator(s) appointed by insurers). SC has also developed and released software applications for mobile phones (the “Apps”). The Site and the Apps, together with the other online features and portals are provided by Connected Insurance (“CI”), a company registered in Israel number 516370525 at 10 Ussishkin Street, Herzliya, and are collectively referred to as the “Portal”. The terms of any insurance policy or claim are governed by your applicable insurance policy and are governed by the applicable policy and applicable law.

1. Acceptance Of The Terms

Please carefully read the following terms of use and all other rules and guidelines that we may communicate to you from time to time through the Portal, including the Privacy Policy which are incorporated herein by reference (collectively, the “Terms”), as these Terms create a binding legal contract between you and SC. By accessing, using or availing yourself of the Portal in any manner, you (“You”, or “User”) acknowledge that you have read, understood, and agree to be bound by and comply with the Terms. If at any time you do not agree to these Terms, you should immediately terminate any and all use of the Portal. To the extent that you download and use any separate software applications from CI (whether directly through the Portal or made available to you through a third-party application marketplace), your use of such application will be governed by the terms of the applicable end user licence which will be incorporated into and made a part of these Terms.

2. Accessing The Portal

  1. Eligibility

    You must:

    • 1) be between the ages of twenty-five (25) and sixty-five (65) years old;
    • 2) have had at least 3 active vehicles on Turo’s UK Ltd platform during the past 365 days with at least one of these vehicles being rented by a Renter;
    • 3) have received in payment from Turo UK Ltd more than £10,000 (ten thousand pounds) in the past 365 days;

  2. By using the Portal, you confirm you that you comply with the above and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms. Further, by using or registering for the Portal, you agree to abide by and comply with these Terms, and you acknowledge that you are accepting the benefit of the Portal, subject to these Terms.

  3. Access

    SC grants you permission to access and use the Portal as set forth in these Terms and consistent with the intended features of the Portal, provided that: (i) you use the Portal solely for your personal, private, noncommercial purposes; (ii) you do not reproduce, modify, publicly display, publicly perform, or distribute any part of the Portal, including any materials obtained from or included within the Portal; and (iii) you do not engage in any of the prohibited uses described below.

3. Account Information & Responsibilities Of Registered Users

  1. Account Information

    In order to access some features of the Portal, you will have to create an account. You hereby represent and warrant that the information you provide to SC upon registration, and at all other times, will be true, accurate, current, and complete. You also hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.

  2. Password

    As you will be responsible for all activity that occurs under your access credentials, you should preserve the confidentiality of your username and password. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third- party, you agree to immediately notify us by submitting a case here.

4. Ownership; Proprietary Rights

The Portal is operated by CI on behalf of SC. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), Portals, and all other elements of the Portal provided by CI (“Site Content”) are protected by United Kingdom copyright, trade dress, patent and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Site Content is the copyrighted property of CI or its subsidiaries or affiliated companies and/or third-parties, except for User Content, to which you retain your copyrights. You agree and understand that Site Content may include Third-Party Materials, as set forth in further detail in Section 6, below. All trademarks, portal marks, and trade names are proprietary to CI or its affiliates and/or third parties. You agree not to sell, licence, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Site Content, and nothing herein shall be interpreted to grant you any right or licence under any intellectual property rights of CI or any third-party.

5. Linked Accounts And Social Networking Sites

SC may, now or in the future, allow you to link your account(s) on the Portal to your accounts on third-party portals, such as social networking sites (“Linked Accounts”). If you link your account on the Portal to a Linked Account, you are authorising CI to store and use your access credentials to access your Linked Account on your behalf as your agent to integrate your experience with the Portal with content, information, and features available through such Linked Accounts. This may include importing the contacts, preferences, interests or “likes” of the Linked Account, and/or pushing updates regarding your use of the Portal out to your Linked Accounts. Linking, accessing or using a third-party portal through the Portal in this manner may be subject to additional terms established by the applicable third-party, and it is your sole responsibility to comply with such third-party terms.

6. Third-Party Materials

  1. General

    We may contain or display through SC's Portal various information, and other materials or content from third-parties, including other User Content (“Third-Party Materials”). The display on or through the website and SC of such Third-Party Materials does not in any way imply, suggest, or constitute any sponsorship, endorsement, or approval of SC by any such third-party or any affiliation between any such third-party and SC. Furthermore, in using and accessing the Portal, you agree that CI is in no way responsible for the accuracy, timeliness, or completeness of Third-Party Materials. CI’s display of specific Third-Party Materials does not suggest a recommendation by SC of the third-party or any products, plans or portal offered. Your interaction with any third-party accessed through the Portal (whether online or offline) is at your own risk, and SC will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third-party or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third-party.

  2. Third-Party Links and References

    The Portal may contain references or links to Third-Party Materials and portals not controlled by CI or its suppliers or licensors. SC provides such information and links as a convenience to you and should not be considered endorsements or recommendations of such sites or any content, products or information offered on such sites. You acknowledge and agree that SC is not responsible for any aspect of the information or content contained in any Third-Party Materials or on any third-party sites accessible or linked from the Portal.

7. User Content

  1. General

    The Portal may now or in the future allow you and other users to submit, post, and share content such as text, photos, audiovisual content, and other media content (“User Content”).

  2. Access and Responsibility

    While SC may provide certain tools to aid you in configuring access by others to your User Content, SC or CI cannot guarantee any anonymity or confidentiality with respect to any User Content, and strongly recommends that you think carefully and use good judgment about what you submit to or make available through the Portal. You understand that all User Content is the sole responsibility of the person who generated such User Content. This means that you, and not SC, are entirely responsible for User Content that you make available through the Portal.

  3. Licence Grant by You to Company

    You retain all of your ownership rights in your User Content you had to begin with. By providing User Content to SC you hereby grant SC and its affiliates, sublicencees, partners, designees, and assignees of the Portal (collectively, the “Licencees”) a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, transferable, worldwide licence, without obligation, to use, reproduce, distribute, modify, adapt, publicly display, publicly perform, and otherwise exploit your User Content and derivatives thereof in connection with the Portal and SC’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Portal (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.

  4. User Content Representations and Warranties

    You are solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and warrant that: (i) you own, or have the necessary licences, rights, consents, and permissions to use and authorise SC to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable the use of User Content in the manner contemplated by these Terms, and to grant the rights and licence set forth herein, and (ii) your User Content, SC’s or any Licencee’s use of such User Content pursuant to these Terms, and SC’s or any Licencee’s exercise of the licence rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity of any other person; (c) violate any applicable law or regulation, or constitute any false or misleading advertising or unfair business practise; or (d) require obtaining a licence from or paying royalties to any third-party for the exercise of any rights granted in these Terms.

  5. No Obligation to Publish

    SC makes no representations that it will publish or make available any User Content on the Portal, and reserves the right, in its sole discretion, to reject or remove any User Content at any time with or without notice. Without limiting the generality of the preceding sentence, SC complies with the UK Data Protection Act 2018 / General Data Protection Regulations, and will remove User Content upon receipt of a compliant request (see Section 10 titled “Data Protection”, below).

8. Content Disclaimer

You understand that when using the Portal, you will be exposed to User Content and Third Party Materials from a variety of sources, and that SC is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such User Content or Third Party Materials. You further understand and acknowledge that you may be exposed to User Content and Third Party Materials that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SC with respect thereto. SC does not endorse any User Content or Third Party Materials, or any opinion, recommendation, or advice expressed therein. Under no circumstances will SC be liable in any way for or in connection with any User Content or Third Party Materials.

9. Monitorin User Content; Removal Of Content

CI and SC do not control User Content and do not have any obligation to monitor such User Content for any purpose. CI may choose, in its sole discretion, to monitor, review, or otherwise access some or all User Content, but by doing so CI nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, or to monitor, review, or otherwise access other User Content, and SC assumes no responsibility for the conduct of the User submitting any User Content. You acknowledge that CI may or may not pre-screen User Content, but that SC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Portal. Without limiting the foregoing, SC and its designees may, at any time and without prior notice, remove any User Content that in the sole judgment of SC violates these Terms or is otherwise objectionable, or for any other reason, with or without notice and with no liability of any kind. You agree that you must evaluate, and bear all risks associated with the use of any User Content or other Content, including any reliance on the accuracy, completeness, usefulness or legality of such User Content. You should exercise your independent discretion and judgment before downloading any other User Content.

10. Data Protection

SC will comply at all times with all applicable data protection legislation as in force at the time including, but not limited to, the UK Data Protection Act / General Data Protection Regulations and any other data protection legislation amending, replacing or superseding this legislation.

Full details of the types of data we collect, and how we hold and process this data can be found in our Privacy Policy

If you have any questions or queries regarding our Data Protection policies and processes, you can contact our Data Protection Officer, as follows:-

Email: compliance@shepherdcompello.com

Telephone: 01204 600 389

Address: 88 Leadenhall Street, London EC3A 3BP, United Kingdom

11. Prohibited Uses Of Portal

You agree not to use the Portal or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will not, do or attempt to: post, upload, publish, submit, or transmit any User Content that: (i) infringes, misappropriates or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances; Use, display, mirror or frame the Portal or any individual element within the Portal, or SC’s name, any SC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without a party’s express written consent; Access, tamper with, or use non-public areas of the Site, SC's, CI’s computer systems, or the technical delivery systems of CI’s providers; Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by CI or any of SC’s providers or any other third party including another user to protect the SC's or Site Content; Attempt to access or search the SC's or Site Content or download Site Content from the SC's through the use of any engine, software, tool, agent, device or mechanism including spiders, robots, crawlers, data mining tools or the like other than the software and/or search agents provided by SC or other generally available third-party web browsers; Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; Use any meta tags or other hidden text or metadata utilizing a CI trademark, logo URL or product name without CI’s express written consent; Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the SC's or Site Content to send altered, deceptive or false source-identifying information; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the SC's or Site Content; Copy, modify or create derivative works based on the Site Content and SC's, other than your own User Content; Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the SC's; Collect or store any personally identifiable information from the SC's from other Users of SC's without their express permission; Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; Publish or distribute any Site Content or third-party Site Content without the prior written consent of SC; Access or use the Portal for any commercial or business purpose, including without limitation for comparative or competitive research purposes; Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs; Encourage or enable any other individual to do any of the foregoing; or Use the Portal in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.

12. SMS Communications

We will provide updates about your quote and policy via calls and SMS. If you provide your phone number and continue, you agree to receiving marketing calls or texts from SC or its agents periodically. Calls or texts may use an automated dialing system and an artificial or pre-recorded voice. Purchase is not a requirement to receive SMS and/or calls. Your information is governed by our privacy policy. You may opt-out of receiving marketing calls at any time by contacting us at info@connectedinsurance.ai and providing your name and phone number.

13. Modification Of The Terms

SC reserves the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted on the Site and your use of the Site will be considered acceptance of the new terms. In the case of material changes to the Terms, SC will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Portal, or other similar mechanism. We encourage you to review these Terms frequently to stay informed of the latest modifications.

14. Termination

  1. By Company

    SC, may terminate your account on the Portal, disable your access to the Portal (or any part thereof), discontinue the Portal, or terminate any licence or permission granted to you hereunder, at any time, for the following reasons:

    1. Fraud as per Condition 2.6 in the Policy Wording under Section 2 – General Conditions; or

    2. If there are serious grounds to do so, such as:

      • Exceeding the maximum number of miles permissible per annum, or proportionate equivalent for Insured Vehicle;
      • Failure to provide requested documents (proof of your No Claim Discount etc.);
      • Failure to provide odometer readings for an Insured Vehicle;
      • Following a fraud or deliberate or reckless misrepresentation or if you have withheld information;
      • Use of threatening or abusive behavior or language, or intimidation or bullying of our staff and/or suppliers; or
      • Failure to pay any premiums that are due.

  2. By You

    If you are dissatisfied with the Service, then please let us know by contacting us via our contact us page or emailing us at powerhosts@shepherdcompello.com. Your only remedy with respect to any dissatisfaction with (i) the Service, (ii) any of these Terms, (iii) any policy or practise of CI in operating the Service, or (iv) any content or information transmitted or made available through the Service, is to terminate your use of the Service.

    You may also cancel your insurance policy (and thus your account on the Service) by giving 14 days calendar notice to the insurer at:

    Name: Head of Apollo MGA Ltd

    Address: 1 Bishopsgate, London, EC2N 3AQ

    Telephone: 01204 600 389.

    Or by emailing Shepherd Compello at: powerhosts@shepherdcompello.com; Or by calling Shepherd Compello at 01204 600 389 (the operating hours of the telephone service are 24/7)

15. Indemnity

You agree to indemnify and hold harmless SC and its parent, subsidiaries, affiliates or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, customers, and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to (i) your use or misuse of the Portal (including your use or misuse of Third-Party Materials); (ii) your User Content; (iii) your breach or other violation of these Terms including any representations, warranties and covenants herein; (iv) your violation of the rights of any other person or entity, including, but not limited to claims that any User Content infringes or violates any third-party intellectual property rights. SC reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You may not settle any matter without the prior written consent from SC.

16. Disclaimers

The Portal (including, without limitation, the site, site content, or any other product, Portal or information provided by CI), user content, Third-Party Materials, and any other software, portals or applications made available in conjunction with or through the Portal, are provided on an “as is”, “as available”, “with all faults” basis without representations or warranties of any kind, either express, implied, or statutory, including, but not limited to, in terms of correctness, accuracy, reliability, or otherwise.

To the fullest extent permissible by applicable law, SC hereby disclaims all warranties of any kind, either express or implied, including, any warranty of merchantability, fitness for a particular purpose, non-infringement, or arising from a course of dealing, with respect to the products or portals provided by CI.

17. Limitation Of Liability

In no event will SC, its officers or directors be liable to any party for any direct, indirect, special or other consequential damages arising out of or in connection with (i) your use of the Portal, site content, Third-Party Materials or the site; (ii) the use or access of or inability to use or access the Portal or any Content; or (iii) plans made or information acquired through the Portal, including, without limitation, (i) any fees or costs associated with cancelled, interrupted or delayed plans; (ii) any fees or costs resulting from misinformation or failures in communication; (iii) and any accidents or unexpected events otherwise, whether based in tort, contract or other legal theory, even if SC is expressly advised of the possibility of such damages.

18. Limitations; Bass Of The Bargain

Applicable law may not allow for the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, you agree that because such warranty disclaimers and limitations of liability reflect a reasonable and fair allocation of risk between you and SC, and are fundamental elements of the basis of the bargain between you and SC. SC's liability will be limited to the maximum extent permitted by law. You understand and agree that SC would not be able to offer the Portal to you on an economically feasible basis without these limitations.

19. Dispute Resolution And Arbitration

  1. Generally

    In the interest of resolving disputes between you and SC in the most expedient and cost effective manner, you and SC agree that any and all disputes arising in connection with this agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and SC are each waiving the right to a trial by jury or to participate in a class action.

  2. Exceptions

    Notwithstanding subsection (1), you and SC agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

  3. Notice; Process

    A party who intends to seek arbitration must first send a written notice of the dispute to the other or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). SC's address for Notice is: Shepherd Compello Ltd 88 Leadenhall St, London EC3A 3BP, United Kingdom. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or SC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or SC shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favour, SC shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by SC in settlement of the dispute prior to the arbitrator's award.

  4. Fees

    Any arbitration hearings will take place at a location to be agreed upon in United Kingdom provided that if the claim is for £10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based hearing, or by an in-person hearing. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose , then you agree to reimburse SC for all monies previously disbursed by it that are otherwise your obligation to pay under the England and Wales legislation and regulation. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

  5. No class actions

    You and SC agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and SC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

  6. Modifications

    In the event that SC makes any future change to this arbitration provision (other than a change to SC’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to SC’s address for Notice, in which case your account with SC shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.

  7. Enforceability

    If only Subsection (6) of this Section (19) or the entirety of this Section (19) is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in Section (20) shall govern any action arising out of or related to these Terms.

20. Miscellaneous

These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of England and Wales legislation and regulations, and without regard to conflict of law principles. To the extent that any arbitration, lawsuit or court proceeding is permitted hereunder, you and SC agree to submit to the personal and exclusive jurisdiction of laws of England and Wales legislation and its regulations for the purpose of all such claims or disputes. This is the entire agreement between you and SC relating to the subject matter herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and SC with respect to said subject matter. In the event any of the provisions of these Terms are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed, and the remaining provisions thereof shall remain in full force and effect. The failure of SC to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SC as a result of these Terms or use of the Portal. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and SC other than pursuant to these Terms. The Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by SC without restriction, including by operation of law, merger, or sale of all or substantially all of the assets to which this agreement pertains. Any assignment attempted to be made in violation of these Terms shall be void. The headings and captions in this agreement are used for convenience only and are not to be considered in interpreting this agreement.