UK & EUROPEAN BREAKDOWN COVER
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Terms & Conditions

PHILOSOPHIA LIMITED T/A TRUSTED BEAR – TERMS AND CONDITIONS

Last updated: 14th June 2022

  1. THESE TERMS
  • 1.1 What these Terms cover. These are the Terms and Conditions (“Terms”) on which you agree to access and engage with our UK and European breakdown cover provider comparison platform (herein referred to as the “Service(s)”) in order to purchase breakdown and other categories of insurance policies (as we may provide from time to time) from third party providers (herein referred to as “Policy” and/or “Policies”).
  • 1.2 Why you should read them. Please read these Terms carefully before you engage with Service(s) and before you submit any order for Policies as they may affect your legal rights. These Terms tell you who we are, how we will provide the Service(s) to you, your appropriate use of the Service(s), how you and we may change or end the contract, what to do if there is a problem and other important 
  • 1.3 By selecting the “I accept” button, completing our account registration process, using our Service(s) and/or purchasing Policies, you agree to be bound by these Terms. You may not access or use the Service or purchase a Policy if you do not agree to these
  • How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
  1. INFORMATION ABOUT US AND HOW TO CONTACT US 
  • 2.1 Who we are. We are Philosophia Limited t/a Trusted Bear (“Trusted Bear”, “we”, “us”, or “our”) a company registered in England and Wales. Our company registration number is 05995270 and our registered office is at 13 Bickels Yard, 151 - 153 Bermondsey Street, London, England, SE1 3HA.
  • 2.2 How to contact us. You can contact us by writing to us at 13 Bickels Yard, 151 - 153 Bermondsey Street, London, England, SE1 3HA. 
  • 2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your 
  • 2.4 "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes 
  1. GENERAL
  • 3.1 These Terms apply to your use of the Service(s).
  • 3.2 By using our Service(s) you agree to these Terms. If you do not wish to be bound by these Terms you should not use our Service(s).
  • 3.3 We may change these Terms from time to time. We will give you notice of any changes by posting those changes on the platform on which you access our Service(s). We will not vary any Terms which you previously agreed whilst using our Service(s). However, any amended Terms will apply to your use of our Service(s) from the date they are posted and if you do not agree with the amended Terms, you are entitled to stop using our Service(s) at that time.
  1. OUR SERVICE
  • 4.1 Our Service(s) enable you to compare various breakdown and other categories of insurance Policies (as we may provide from time to time), provided by third party insurance providers, so that you are able to select and purchase the best Policy based on those comparisons.
  • 4.2 We do not provide financial, investment or other advice in relation to the Policies, nor do we provide a recommendation or endorsement of any such Policy or third party Policy provider.
  • 4.3 Whilst we do provide a Service on which the various Policies are presented for you to compare, the third party Policy provider is responsible formulating its quote based on the information you have provided via our Service(s). Therefore, it is important that you double-check all information to ensure that it is complete and accurate. We seek to ensure that we accurately pass on the information you have provided to the third party Policy provider for the purpose of providing a price comparison.
  1. LICENSE TO ACCESS AND ENGAGE AND USE OUR SERVICE(S)
  • 5.1 Subject to your continued compliance with all of the Terms contained herein, any subsequent amendments to such Terms or new Terms implemented at any time during your access, use and/or engagement of our Service(s) and the terms and conditions of any relevant third-party, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, and personal license to access, use and engage the Service(s). Such licence shall be subject to these Terms and does not provide any right to: (a) use any data mining, bots or similar data gathering or extraction methods; (b) download any portion of the Service(s) and/or Policies, except as expressly permitted by us; and (c) use the Service(s) and/or Policies other than for their intended purposes.
  • 5.2 In the event that you are directed to third party website, including any third party Policy provider, that third party’s terms and conditions will cover any transaction or agreement between you and that third party, whereas these Terms agreed with us relate only to your use of our Service(s).
  1. USER REGISTRATION
  • 6.1 In order to access, use and engage with our Service(s) via the platform, you must first register as a registered user, with an active account (a “Registered User”). By becoming a Registered User you agree to: (a) provide accurate, current and complete personal information about yourself; (b) maintain and promptly update from time to time as necessary your personal information; (c) maintain the security of your password and accept all risks of unauthorised access to your Registered User account and the information you provide to us; and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Service, or your Registered User account.
  • 6.2 In addition to the obligations outlined at clause 6.1, you also agree that you will not:
    • (a) create any further Registered User account if we have already been required to disable another Registered User account that you had, subject to our prior written agreement;
    • (b) instruct another individual to create a Registered User account, under their personal details for your own use of the Service(s);
    • (c) buy, sell, lease or assign access to your Registered User account or username, subject to our prior written agreement;
    • (d) share your Registered User password with anyone; or
    • (e) log in or try to log in to access the Service through unauthorised third-party applications, software, individuals or corporate bodies.
  • 6.3 The information provided pursuant to clause 6.1 and any other additional information provided by you when searching for a Policy quote via the Service, shall be used by us and all relevant third-parties when compiling relevant and appropriate Policy quotes and the information you provide will have a material effect on the information provided in those Policy quotes.
    • (a) In the event that you fail to provide complete and accurate information:
    • (b) any Policy purchased may be void;
    • (c) you may have to pay additional premiums under your Policy to reflect any increased insurance risk as a result; and/or
  • 6.4 You may be liable for damage or loss to a third party if you cause an accident. This will depend on the terms and conditions you have agreed with your third party Policy provider.
  • 6.5 In the event that we have reasonable cause to believe that your Registered User account is being used in connection with any illegal activity or has been used in breach of any of these Terms, we may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation or in order to aid our internal investigation into the use of your Registered User account in connection with these Terms.
  • 6.6 In such cases, we, in our sole and unfettered discretion, may pause or cancel your Registered User account and any ongoing, future or recently completed transactions in which your Registered User account has been involved, until such additional information and documents are reviewed by us and accepted as satisfying the requirements of any applicable law and these Terms. In such an event, we will not be liable for any damage or financial loss, direct or indirect, suffered by you as a result of any such temporary pause or cancelation of your Registered User account. Further, you shall be solely responsible for any damage or financial loss, direct or indirect, suffered by any relevant third-party as a result of your non-compliance with these Terms or suspected breach of any applicable law.
  • 6.7 You must be 18 years old or older to become a Registered User or use another person’s Registered User account, subject to the account holder’s prior consent to do so.
  1. REGISTERED USER ACCEPTABLE USE AND PLATFORM FUNCTIONALITY
  • 7.1 You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct, while accessing or using the Service(s) and/or our platform. You agree that you will abide by these Terms and will not:
    • (a) provide false or misleading information to us or any relevant third-party (including a Policy provider) in connection with your use of the Service(s) or appear as another person or create a misleading username;
    • (b) utilise data gathered from our Service to contact individuals, businesses, or other individuals or entities;
    • (c) utilise data gathered from our Service for any direct marketing activity use or attempt to use another Registered User’s account without authorisation from such user and us;
    • (d) create, use, or distribute any software, or interact with any application programming interface in any way that may damage, harm, or impair the Service and/or platform;
    • (e) reverse engineer any aspect of the Service, or do anything that could lead to the discovery of source code, or bypass or circumvent any mechanisms put in place to block or limit access to any Service, area, or code of the Service;
    • (f)attempt to bypass any content-filtering techniques we use, or access any feature or area of the Service to which you are not allowed or bypass or ignore instructions that control all automated access to the Service;
    • (g)use any means not authorised by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
    • (h) use the Service to carry out any financial activities subject to registration or licensing or use the Service to participate in fundraising for a business, protocol, or platform; and
    • (i) use the Service and/or platform for any illegal or unauthorised purpose, or participate in, encourage, or promote any action that is in violation of these Terms.
  • 7.2 From time to time we may update the Service(s). You should always use the latest version to help ensure your account remains secure.
  • 7.3 We may from time to time need to prevent you from using our Sevice(s) or accessing your account if you are not using the latest version.
  1. YOUR POLICY
  • 8.1 Demands and Needs Statement: The Policies will suit the Demands and Needs of an individual wishing to insure themselves against unforeseen costs following a breakdown of a vehicle and any other insured event that we may provide for from time to time. Any such insurance shall be subject to the Policy terms and any other terms and conditions entered into between you and the third party Policy provider.
  • 8.2 We shall not make any recommendations, assurances and/or guarantees in relation to the suitability and level of cover provided by the Policies presented on our platform. It is your sole responsibility to ensure that you carefully read the Policy wording to ensure that the Policy will supply you with a sufficient level of cover.
  • 8.3 Should you wish to make a claim under your Policy, you should contact your chosen relevant Policy provider. 
  1. POLICY DOCUMENTS
  • 9.1 Upon you successfully completing the purchase of a Policy, your Policy details will be shown on screen. You will also be sent an email confirming the details of your purchase together with your Policy documents attached to this email and/or containing a link through which you will be able to download a copy of your Policy documents.
  • 9.2 We do not guarantee to hold copies of the information you provide to us, the Policy documents and any other information we provide to you. We reserve the right to reject or delete any information or documentation you provide, at our sole discretion.
  • 9.3 We make no guarantees and/or representations in relation to the contents and accuracy of any Policy documents provided to you by your chosen Policy provider. This shall include any Policy documents we provide to you, on behalf of the Policy provider.
  • 9.4 Further to clause 9.2, we shall not be liable for any inaccuracies, errors and/or omissions contained in your Policy documents and any associated direct or indirect financial loss as a result of such inaccuracies, errors and/or omissions. In the event of any such inaccuracy, error and/or omission we strongly recommend that you contact your Policy provider immediately.
  1. PRESENTATION OF QUOTES
  • 10.1 You should receive the results of our price comparison technology online. However, we rely on the availability of third party sites and general performance of the internet. At certain times some or all online quotes may not be available to you due to problems with third party websites or the internet. Wherever possible, we will try and notify you of this and email you to let you know when your quotes are ready.
  • 10.2 Whilst we strive to provide as comprehensive and easy to use a service as possible, the requirements for your quote may not be met if such requirements are unusual, "non standard" or "high risk". If this is the case you should contact a Policy provider directly to discuss your requirements.
  • 10.3 All prices quoted are inclusive of Insurance Premium Tax (IPT) where applicable. This is a levy on insurance premiums set by the UK Government. The amount charged by insurers could change if IPT rates are amended by the Government at short notice.
  1. VALIDITY OF QUOTE
  • 11.1 We do not control the price, length of offers, or special conditions relating to price comparison quotes. These are set by third party Policy providers. If you obtain a quote and would like to see how long it is valid for or any special conditions relating to it, please click through the links contained on our platform to the Policy provider’s website. 
  • 11.2 Third party Policy provider’s prices, rates and offer times are updated and amended on a regular basis so our price comparisons are subject to change.
  • 11.3 In selling this web-based European breakdown insurance and other categories of insurance policies (as we may provide from time to time), we will take your payment via Stripe or via PayPal, a secure payment provider. We will hold your Policy premium on behalf of the insurer under a risk transfer agreement. Your cover will start once the premium has been received by us.
  1. OUR LIABILITY FOR CONTENT ON THE PLATFORM
  • 12.1 We are responsible for ensuring that we accurately reflect Policy quotes, as provided to us by third party Policy providers, on our Service. We are also responsible for statements of fact made to you by us and protecting your data in accordance with data protection legislation, pursuant to our Privacy Policy. 
  • 12.2 We will use our best endeavours to provide you with a quality and virus free Service. However, we are not responsible for computer viruses or other computer related problems you suffer as a result of using the Service, which are beyond our reasonable control. We recommend that you use your own appropriate virus checking software.
  • 12.3 We are not responsible for any commentary, opinions, ratings or other postings on the Service by third parties.
  • 12.4 Third party Policy providers and third party websites are responsible for failings or errors on their websites and may have a separate duty of care to you. 
  • 12.5 You may be entitled to rights separate to these Terms under English consumer law or other legislation.
  • 12.6 We do not prevent or exclude our responsibility to you for death or personal injury resulting from our negligence.
  • 12.7 Subject to clause 12.6, the maximum aggregate liability of Trusted Bear arising out of or in any way related to these Terms shall in no circumstances, exceed the greater of (a) £100 or (b) the amount received paid by you in relation to any Policy premium to which your claim relates, whichever is greater.
  1. INTELLECTUAL PROPERTY
  • 13.1 All information, data and copyright material contained on the Service(s), including any trade marks (whether officially registered or unregistered), trade names, brands, logos and devices belong to us or to people whom we have given ownership or permission to use such information data and/or copyright material. You must not use such information or copyright material unless you have written permission from us or the owner to do so.
  • 13.2 Unless otherwise specified in writing by us, the Service and all content and other materials contained in it, including, without limitation, the Trusted Bear logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, "Platform Content"), are the exclusive property of Trusted Bear or our affiliates, licensors, or users, as applicable. 
  • 13.3 Regardless of anything in these Terms to the contrary, the Service and Platform Content may include software components provided by us, our affiliates, or a third-party that are subject to other licence terms, in which case those licence terms shall govern such software components.
  • 13.4 Subject only to clause 13.6, The Trusted Bear logo and any Trusted Bear product or names, logos or slogans that may appear on the Service or our platform are trademarks of Trusted Bear or our affiliates and may not be reproduced in any way, directly or indirectly and in whole or in part, without our prior written agreement. In addition, the look and feel of the Service, our platform, Platform Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark or trademark of Trusted Bear and may not be reproduced in any way, directly or indirectly and in whole or in part, without our prior written agreement. All other trademarks, product names and Trusted Bear names, logos or other intellectual property contained on the platform are the property of their respective owners and may not be reproduced in any way, directly or indirectly and in whole or in part, without the prior agreement of the applicable rights holder.
  • 13.5 Reference to any products, services, software or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us. 
  • 13.6 You may download or copy the content and other downloadable items displayed on this platform for personal non business use only, (i.e. to assist with a purchasing decision), provided that you are not otherwise breaching these Terms. 
  1. COMMUNICATION PREFERENCES
  • 14.1 When becoming a Registered User, you consent to receive electronic communications from us. Such communications may include notices about your account and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications sent to you electronically will satisfy any legal communication requirements, including but not limited to the requirement that such communications be in writing and it is your responsibility to maintain copies of such communications. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
  • 14.2 By submitting personal data through our Service(s), you agree to the terms of our Privacy Policy and you expressly consent to the collection, use and disclosure of your personal data in accordance with the Privacy Policy. 
  • 14.3 You must provide all equipment and software necessary to connect to the Service and you are solely responsible for any fees that you incur when accessing the Service.
  • 14.4 Notwithstanding anything to the contrary in these Terms, the Service(s) may include software components provided by us or our affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components. In such an event, you must comply in full with the terms of any such licence.
  1. THIRD PARTY SERVICES
  • 15.1 The Service(s) may contain links to third-party websites and applications. We will not notify you that you have left our Service(s) and that you will be subject to the terms and conditions of that relevant third-party website or application if you click on such a link. Such third-party websites and applications are not under our control nor will we be liable for the content of any third-party websites or applications.
  • 15.2 Such third-party websites and applications are not approved, monitored or endorsed by us, nor do we make any representations with respect to these websites or applications, or their products or services.
  • 15.3 Your use of such links and subsequent use of such third-party websites and applications is at your own risk and we shall not be liable for any of your actions, third-party actions and any loss or damages arising as a result of such actions. 
  • 15.4 You should review all applicable agreements and policies, including privacy and data gathering practices, of any third-party websites or applications.
  1. COMPENSATION TO US 
  • 16.1 You hereby agree to compensate Trusted Bear, our affiliates, agents, any relevant third-parties and assigns, from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, legal fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing compensation and insurance), of every kind and nature whatsoever that are caused by, arise out of or are related to: (a) your use or misuse of the Service(s), personal material or Policies; (b) your violation of these Terms; and/or (d) your violation of the rights of a third party.
  • 16.2 You must immediately notify us of any third party claims and cooperate with us in defending such third-party claims. You further agree that we shall have control of the defence or settlement of any third-party claims and that you shall not take any action to settle, defend or admit the third-party claim without our prior written agreement.
  1. TERMINATION
  • 17.1 We may issue a warning, temporarily suspend, permanently suspend or terminate your right to use the Service(s) (or any part of them) if you:
    • (a) substantially breach any of these Terms; 
    • (b) infringe or violate or attempt to infringe or violate any rights of any other user(s) of the Service(s) and/or third parties in connection with the Service(s); or
    • (c) if you are using the Service(s) to commit or attempt to commit a criminal offence.
  1. MODIFICATIONS TO THE SERVICE OR ANY OF THESE TERMS
  • 18.1 We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Service(s) and/or the platform (or any features or parts thereof) at any time and without liability therefore. 
  • 18.2 We reserve the right to change or modify these Terms at any time and at our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service(s) (or any of them), you confirm your acceptance of the revised Terms and all of the Terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the Terms that apply when you access or use the Service(s). If you do not agree to the revised Terms, you may not access or use the Service(s). 
  1. DISPUTE RESOLUTION
  • 19.1 It is always our aim to provide a high standard of Service(s) to you when engaging with our Service(s). However, should you feel we have dropped below these standards please contact us via one of the following methods:
    • (a)Contact form: which can be found here; or 
    • (b)In writing: Please address your letter to: Philosophia Limited at 13 Bickels Yard, 151 - 153 Bermondsey Street, London, England, SE1 3HA.
  • 19.2 When making a complaint, we ask that you include your name, postal address, and email address. Please also include your quote reference and telephone number and why you are unhappy in as much detail as you can. This will help us to respond to you quickly. If we do not have enough information to investigate your complaint, we will try and contact you to ask for further details.
  • 19.3 Should you wish to use an alternative means of communication, on request we are happy to correspond with you by telephone.
  • 19.4 Depending upon the nature of your complaint, and whether you are an eligible complainant, you may after eight weeks of making your complaint, or if you are unhappy with our response to your complaint, have the right to refer your case to the Financial Ombudsman Service (FOS) who may be contacted at Exchange Tower, Harbour Exchange Square, London, E14 9SR, Telephone 0800 0234567. Please see the FOS website for more details about the type of complaints they can deal with and the type of complainant who can use their services.
  • 19.5 If your complaint is regarding a Policy that you have purchased via the Service, then you should complain directly to the relevant third party Policy provider responsible. We cannot answer complaints on behalf of a third party Policy provider or accept responsibility for any such complaints. We recommend that you visit the website of the third party Policy provider and follow their complaints procedure if you wish to make a complaint against them. If you require their contact details, please contact us via the contact details contained at clauses 19.1(a) and (b).
  1. SEVERABILITY

Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

  1. ASSIGNABILITY

We may transfer our rights and obligations under these Terms to another organisation or individual, without the need to procure your prior written consent. We will contact you to let you know if we plan to do this. 

  • 21.1 You are unable to assign any of your rights and obligations under these Terms to another organisation or individual, without our prior written consent.
  1. NO WAIVER

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of you breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 

  1. ENTIRE AGREEMENT 

These Terms along with the Privacy Policy constitute the entire agreement between you and us relating to your access to and use of the platform and the Service(s).

  1. THIRD PARTY RIGHTS

A person who is not a party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its Terms.

  1. GOVERNING LAW AND JURISDICTION 

The Terms contained herein shall be exclusively governed by and construed in accordance with the laws of England and the English Courts shall have exclusive jurisdiction.

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