Using the Site and accepting our Terms
In these terms and conditions, 'you' are the customer who has registered for the Site, 'we' ‘us’ and ‘our’ means M&S Insurance, a trading name of Marks & Spencer Financial Services plc, which is part of the HSBC Group.
Using the Site indicates that you accept these Terms and that you agree to comply with them. If you do not accept these Terms, please do not use the Site. We recommend that you print a copy of these Terms for future reference.
Personal use only
The Site is for personal use by individuals in the United Kingdom and the Site is directed to users residing in the United Kingdom. The Site is intended for use by individuals only and is not intended to be used for business or commercial purposes.
If we consider that you are mis-using the Site or if you breach any of these Terms, we may suspend or withdraw your access to the Site immediately and, if appropriate, pursue legal action against you. In such instances, information about your policies will be available by calling our Customer Services team on 0800 051 2693.
Reasonable efforts are made by us to ensure that the Site is operational but we cannot rule out software, systems and or human error(s) whether our own or that of a third party. You should not rely on any of the information on the Site for advice or as a recommendation that a product or investment is suitable for your circumstances. You can ask us for details on specific products but, if you need financial advice, you should contact an independent financial adviser.
We do not guarantee that the Site, or any content on it, will always be available or uninterrupted and we will not be liable if for any reason the Site is unavailable at any time. Access to the Site may be suspended, and without notice, in the case of a system failure or for attending to an urgent security risk or compliance issue or for any other reason that is beyond our reasonable control, including, but not limited to, compliance with applicable laws and for which we cannot provide you with prior notice. In addition, the Site may be unavailable from time to time due to scheduled maintenance or repair. If the Site is unavailable for any reason, information about your policies will be available by calling our Customer Services team on 0800 051 2693.
Log in details
Registration is for a single user only.
You must keep your log in details secure and confidential by taking all reasonable precautions to prevent unauthorised or fraudulent use of them, for example, by not disclosing or sharing them with any other person or recording them in any way which might result in them becoming known to another person.
If you know or suspect that anyone other than you knows your log in details, you must promptly notify us on 0800 051 2693 and change your log in details as soon as possible through the Site. Responsibility for the security of your password rests with you and you will be responsible for any losses you incur as a result of your failure to keep your log in details secure.
You are responsible for use of the Site by any person using your computer and you must ensure that any such person complies with these Terms.
Links to and from other websites
Links (if any) to third party websites or resources on the Site are provided solely for your information and convenience. If you use these links, you will leave the Site. We have not reviewed or verified the content of these third party websites and do not control, and are not responsible for, their content or availability. We do not endorse or make any representations about them, or any material found on these sites. If you decide to access any of the third party websites or resources linked to the Site, you do so entirely at your own risk and we will not be responsible for any losses or other damage you suffer as a result of using those other websites.
You must not post or transmit to or from the Site any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or (b) for which you have not obtained all necessary licences and/or approvals; or (c) which constitutes or encourages conduct that would be considered a criminal offence, give risk to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms.
As you are our customer, details of the information we collect and how we use it may also be set out in the terms and conditions of the product or service which you hold with us. You must read both the terms and conditions of the product or service and the Privacy and Cookie Policies. In the event of a conflict between the Privacy and Cookie Policies and the terms and conditions of your specific product or service, the terms and conditions of your specific product or service will take precedence.
We may amend these Terms at any time, and will act reasonably when we do so by providing you with prior notice where this is reasonably possible, for example: to make the wording clearer or to correct any errors or omissions; to comply with legal and regulatory requirements, a decision of the Financial Ombudsman Service industry standards or any other equivalent requirements. You should check the Site from time to time for any changes to the Terms because they will be binding on you.
We may update and change the Site from time to time including, but not limited to, changes required by law or regulation or any other change that we make to the functionality of the Site. We will try to give you reasonable notice of any changes to the content or functionality of the Site prior to making those changes to the Site.
The terms and conditions for each of your Marks & Spencer Financial Services Plc insurance products still apply to those products. Nothing in these Terms changes anything in your product terms and conditions. If there is any conflict between your product terms and conditions and these Terms, then your product terms and conditions will take precedence.
Unless otherwise stated, the copyright, trade marks and other intellectual property rights in all material displayed on the Site (including, without limitation, any text, tools, photographs and graphical images) are owned by us or our licensors and shall at all times remain the property of us or our licensors.
You may not copy, reproduce or adapt the Site in whole or in part without our prior written consent or our licensors' consent, except for the purpose of accessing our products and/or services and for producing print outs for your own personal and non-commercial purposes. No part of the Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written consent or our licensors' consent.
Any use of the Site other than in accordance with these Terms is prohibited.
Our and your liability for use of this Site
The Site is maintained in accordance with the laws of England and Wales.
You may not always be able to access this Site. We are not responsible for any losses if you cannot do so. We are not responsible to you for any loss or incident or eventuality that arises from the means of communication (including, but not limited to, the internet service provider) that you use to access the Site, or to send us information about yourself, or to receive information from us, does not work properly.
The information on this Site may not always be quite up to date or complete. We advise you to check the Site regularly for any updates that we may make to it. We are not responsible for any losses you suffer if you fail to do so. We will take all reasonable and practical steps to ensure that the content we put on to the Site is correct and is not misleading.
We are not liable for losses or costs caused by abnormal and unforeseeable circumstances outside of our reasonable control, which would have been unavoidable despite all efforts to the contrary, including, but not limited to, delays or failures caused by industrial action, problems that originate from or are caused by you or with another system or network, third party viruses or malware, mechanical breakdown or data-processing failures. When using the Site, you must maintain a backup of your data and also run appropriate anti virus or malware preventive software tools on your devices and systems.
We do not, however, seek to limit or exclude our liability for:
- death or personal injury as a result of our negligence; or
- fraud or misrepresentation.
Please remember that email is not a completely secure means of communication: it may be possible for others to intercept and read your messages. So if you choose to send us information by email, it is at your own risk.
M&S Home Insurance and M&S Travel Insurance are underwritten and administered by Aviva Insurance Limited. Registered in Scotland, no. 2116. Registered Office: Pitheavlis, Perth, PH2 0NH. Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority under registration no. 202153. M&S Insurance is a trading name of Marks & Spencer Financial Services plc, part of the HSBC Group. Registered in England No. 1772585. Registered Office: Kings Meadow, Chester CH99 9FB. Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.
Governing law and jurisdiction
The Terms and the Site are governed by the laws and England and Wales. You and we agree that the courts of England and Wales will have exclusive jurisdiction except that if you are resident in Northern Ireland you may also bring proceedings in Northern Ireland and if you are resident in Scotland, you may bring proceedings in Scotland.
If you want to make a complaint about the Site, you can contact us using the details above. We will try and resolve the issues set out in your complaint. If you are not happy with the way we deal with your complaint you may refer your complaint to the European Commission’s Online Dispute Resolution service at ec.europa.eu/odropen in new tab. The purpose of this platform is to identify a suitable Alternative Dispute Resolution provider and we expect that this will be the Financial Ombudsman Service. Please be aware that the Financial Ombudsman Service will only be able to consider your complaint after we have had the opportunity to consider and resolve it. If you are not satisfied with the outcome you may still bring legal proceedings.