App Terms and Conditions

This Service is run by Moley AI Ltd, trading as taupia, a company registered in England and Wales with Company Number 16655420 and having its registered office at Flat 7 60 Great Eastern Street, London, England, EC2A 3QR (taupia, we, our or us) and we provide an online platform (Platform) for customers to compare rates and facilitate a switch of service providers on our Website (Service).

These terms and conditions (Terms) govern your access to the Platform and Service.

a) In these Terms, capitalised words and phrases have the meanings given to them where they are followed by bolded brackets, or as set out in the Definitions table at the end of these Terms.

b) By clicking the "Confirm" button on our Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the person using the Platform, or the company you represent, and are using the Platform on behalf of (you or your) and us.

c) We may change these Terms at any time by notifying you, and your continued use of the Platform following such an update will represent an agreement by you to be bound by the Terms as amended.

d) Please reference privacy policy as there are other terms that apply to you

2.1 ELIGIBILITY

a) By accepting these Terms, you represent and warrant that you have the legal capacity and authority to enter into a binding contract with us.

b) The Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:

i. over the age of 18 years and accessing the Platform for personal and commercial use; or

ii. accessing the Platform on behalf of someone under the age of 18 years old and consent to that person's use of the Platform.

c) Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian's consent, if you are under 16 or if you have previously been suspended or prohibited from using the Platform.

d) If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then "you" or "your" means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Platform on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

e) The Service is directed to people residing in England, Wales and Scotland only. We do not represent that content available on or through the site is appropriate for use or available in other locations.

2.2 ACCOUNTS

a) (Accounts) To use the Service, you may be required to sign-up, register and receive an account through the Website.

b) (Provide Information) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by us from time to time.

c) (Warranty) You warrant that any information you give to us in the course of completing the Account registration process is accurate, honest, correct and up-to-date.

d) (Acceptance) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.

e) (Identification Code) If you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

i. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

ii. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly change your user identification code or password and notify us of any actual or suspected misuse of user identification or password.

3.1 FUNCTIONALITY

The functionality of the Services provide users to the ability to:

a) obtain comprehensive information about products and services selected by us from time to time and listed on this Website;

b) facilitate a transaction between you and the suppliers of those Services (Supplier).

3.2 DISCLAIMER

You acknowledge and agree that:

a) We will use reasonable care and skill to ensure that information provided to us by the Suppliers in respect of their Services or otherwise is accurate. However, we obtain this information from third parties and we cannot, and do not, provide any representations, guarantees, and/or warranties (express or implied) as to the quality, suitability for any purpose (including your needs), compatibility, reliability, accuracy, completeness or timeliness of information provided by any Supplier and/or accessed or obtained by you via the Website, associated call centre(s), or otherwise through using our services;

b) we are only providing information regarding Suppliers and their Services, and you are not contracting directly with us for the provision of those Services;

c) any information provided to you as part of or in connection with the Platform is general in nature, may not be suitable for your circumstances and does not constitute financial, legal or any other kind of professional advice; and

d) It is your responsibility to evaluate the quality, suitability, accuracy, completeness, timeliness and reliability of the information provided on our Website.

e) We do not guarantee that the site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the site for business and operational reasons.

3.3 PLATFORM

a) We may from time to time, in our absolute discretion, release enhancements to the Platform, meaning an upgraded, improved, modified or new versions of the Platform (Enhancements). Any Enhancements to the Platform will not limit or otherwise affect these Terms. Enhancements may cause downtime or delays from time to time, and credits will not be provided for such downtime.

b) We may change any features, including adding or removing Suppliers or types of services you can compare, on the Platform at any time without notice to you.

3.4 FEES AND PAYMENT

We will not charge you any fees for using our Service or Platform. We may receive commission from Suppliers when you use our Services or purchase goods or services from that Supplier.

4.1 USER MATERIAL

a) You warrant that all information, documentation and other Material you provide to us for the purpose of receiving the Service is complete, accurate and up-to-date.

b) You release us from all liability in relation to any loss or damage arising out of or in connection with the Service, to the extent such loss or damage is caused or contributed to by information, documentation or any other Material provided by you being incomplete, inaccurate or out-of-date.

4.2 YOUR OBLIGATIONS

a) You must comply with these Terms at all times. You acknowledge and agree that we will have no liability in respect of any damage, loss or expense which arises in connection with your breach of these Terms, and you indemnify us in respect of any such damage, loss or expense.

b) You must not, without our prior written approval:

i. upload sensitive information or commercial secrets using the Platform;

ii. upload any inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist material using the Platform;

iii. use the Platform for any purpose other than for the purpose for which it was designed, including you must not use the Service in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes;

iv. upload any material that is owned or copyrighted by a third party;

v. make copies of the Documentation on the Platform;

vi. adapt, modify or tamper in any way with the Platform;

vii. remove or alter any copyright, trade mark or other notice on or forming part of the Platform or Documentation;

viii. act in any way that may harm our reputation or that of associated or interested parties or do anything at all contrary to the interests of us or the Platform;

ix. use the Platform in a way which infringes the Intellectual Property Rights of any third party;

x. create derivative works from or translate the Platform or Documentation;

xi. publish or otherwise communicate the Platform or Documentation to the public, including by making it available online or sharing it with third parties;

xii. integrate the Platform with third party data or Platform, or make additions or changes to the Platform, (including by incorporating APIs into the Platform) other than integrating in accordance with any Documentation or instructions provided by us in writing;

xiii. intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment in connection with the Platform;

xiv. sell, loan, transfer, sub-licence, hire or otherwise dispose of the Platform or Documentation to any third party, other than granting a User access as permitted under these Terms;

xv. decompile or reverse engineer the Platform or any part of it, or otherwise attempt to derive its source code;

xvi. share your Account or Account information, including log in details or passwords, with any other person and that any use of your Account by any person who is not the account holder is strictly prohibited. You must immediately notify us of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Service's security;

xvii. use the Service for any purpose other than for the purpose for which it was designed, including you must not use the Service in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes);

xviii. make any automated use of the Service and you must not copy, reproduce, translate, adapt, vary or modify the Service without our express written consent;

xix. attempt to circumvent any technological protection mechanism or other security feature of the Platform.

a) We do not guarantee that the Website will be secure or free from bugs or viruses.

b) You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

c) You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

d) We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any

6.1 PLATFORM CONTENT INTELLECTUAL PROPERTY

a) (Our ownership) We are the licensee from Moley AI Limited which owns (or licenses) all intellectual property rights on the Website, information and content available on the Website and Platform, any database operated by us, any proprietary software utilised by us to enable you to use the Service.

b) (Platform Content) We retain ownership of all Materials provided to you throughout the course of your use of the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) and reserve all rights in any Intellectual Property Rights owned or licensed by us in the Platform Content not expressly granted to you.

c) (Licence to you) You are granted a licence to the Platform Content, for the Number of Service Uses, and you may make a temporary electronic copy of all or part of any materials provided to you for the sole purpose of viewing them and using them for the purposes of the Platform. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish those materials or any Platform Content without prior written consent from us or as otherwise permitted by law.

6.2 USER DATA

Our Rights and Obligations

a) You grant to us (and our Personnel) a non-exclusive, royalty free, non-transferable, worldwide and irrevocable licence to use the information you share with us (including any personal data) whether via the Website, Platform or other Services we may offer) (User Data) to the extent reasonably required to provide the Service, and for our internal business purposes, including to improve the Service and our other products and services, and including to apply machine learning and other analytics processes to the User Data, to gain commercial insights and other associated learnings, and to improve the Service, our business and our other products and services.

b) We reserve the right to remove any User Data at any time, for any reason, including where we deem User Data to be inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist.

c) Where a Supplier requires payment details from you, you grant us authority to share such details with the Supplier.

Your Obligations and Grant of Licence to Us

d) You are responsible for ensuring that:

i. you share User Data only with intended recipients; and

ii. all User Data is appropriate and not in contravention of these Terms.

iii. Information is correct

e) You:

i. warrant that all User Data is accurate, lawful, up-to-date and that you have authority to share it with us and our Suppliers;

ii. warrant that our use of User Data will not infringe any third-party Intellectual Property Rights; and

iii. indemnify us from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement.

a) If you choose to purchase goods or services from a Supplier, the Supplier's terms and conditions ('Third Party Terms') shall apply to you, including their privacy collection notices and policies. We will notify you of these Third Party Terms via the Service.

b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms, you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we acquire as part of providing the Service to you and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

c) You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we may not be able to provide our Services, and the Supplier may not be able to provide their goods and services to you.

a) Except as contemplated by these Terms, a party must not, and must not permit any of its Personnel, use or disclose to any person any Confidential Information disclosed to it by the other party without the disclosing party's prior written consent.

b) Each party must promptly notify the other party if it learns of any potential, actual or suspected loss, misappropriation or unauthorised access to, or disclosure or use of Confidential Information or other compromise of the security, confidentiality, or integrity of Confidential Information.

c) The notifying party will investigate each potential, actual or suspected breach of confidentiality and assist the other party in connection with any related investigation.

a) We collect personal information about you in the course of providing you with the Service, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy which can be found at Privacy Policy.

b) By agreeing to these Terms, you agree to our handling of personal information in accordance with our Privacy Policy.

a) Our Services are provided using AI Automation and are intended to be purely informative in nature and nothing in our services should be taken to be professional advice.

i. Our Services will not:

A. give you any investment, financial or other advice or recommendations in respect of any Service on which you should rely; or

B. recommending or endorsing any Supplier or Service.

b) We make no representations or warranties of any kind, expressed or implied, regarding the operation, performance, or results of the AI Automation.

c) You acknowledge that AI Automation may produce errors and that the Company is not liable for any inaccuracies, omissions, or errors arising from the use of the AI Automation.

d) You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Service.

e) We shall inform you of any applicable terms and conditions imposed by a Supplier in relation to its Services, and you agree to abide by such terms and conditions.

f) Our Services are not provided on behalf of any Supplier and we act on your behalf when facilitating a transaction between you and a Supplier.

11.1 WARRANTIES AND LIMITATIONS

a) (Warranties) We warrant that to our knowledge, the use of the Platform in accordance with these Terms will not infringe the Intellectual Property Rights of any third party.

b) (Errors) We will correct any errors, bugs or defects in the Platform which arise during your usage and which are notified to us by you, unless the errors, bugs or defects:

i. result from the interaction of the Platform with any other solution or computer hardware, software or services not approved in writing by us;

ii. result from any misuse of the Platform; or

iii. result from the use of the Platform by you other than in accordance with these Terms or the Documentation.

c) (Service Limitations) While we will use our best endeavours to ensure the Service is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:

i. the Service may have errors or defects;

ii. the Service may not be accessible at times;

iii. information you receive or supply through the Service may not be secure or confidential; or

iv. any information provided through the Service may not be accurate or true.

d) (Exclusion) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in these Terms are excluded.

11.2 LIABILITY

a) (Suppliers) We shall not be liable to you for any goods or services you purchase from Suppliers, even when you use our Service to switch.

b) (Liability) To the maximum extent permitted by applicable law, we limit all liability in aggregate of all claims to you (and any third parties who encounter the services or goods through your business) for loss or damage of any kind, however arising whether in contract, tort, statute, equity, indemnity or otherwise, arising from or relating in any way to this agreement or any goods or services provided by us to the amount paid by you in the 3 months preceding the date of the event giving rise to the relevant liability.

c) (Indemnity) You agree to indemnify us and our employees, contractors and agents in respect of all liability for any claim(s) by any person (including any third party who encounter the services or goods through your business) arising from your or your employee's, client's, contractor's or agent's:

i. breach of any third party intellectual property rights;

ii. breach of any term of this agreement;

iii. negligent, wilful, fraudulent or criminal act or omission; or

iv. use of the Service.

d) (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any goods or services provided by us.

e) (Unfair Contract Terms) To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.

f) Nothing in this agreement shall exclude or limit a party's liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party's negligence.

12.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

12.2 THIRD PARTY RIGHTS

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.

12.3 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

12.4 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

12.5 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

12.6 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

12.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

12.8 INTERPRETATION

a) (singular and plural) words in the singular includes the plural (and vice versa);

b) (currency) a reference to £, or "GBP", is to pound sterling currency of Great Britain, unless otherwise agreed in writing;

c) (gender) words indicating a gender includes the corresponding words of any other gender;

d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

e) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

f) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

g) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

h) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

j) (includes) the word "includes" and similar words in any form is not a word of limitation; and

k) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.