website terms and conditions.
Welcome to our Website. This agreement applies as between you, the User of this Website and Zest. a trading name of Home Appliance Guard Ltd, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance.
1. Definitions and Interpretation In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website; Zest. a trading name of Home Appliance Guard Ltd means Home Appliance Guard Ltd, Kingsland House,21 Hinton Road, Bournemouth, BH1 2DE
“Service” means collectively any online facilities, tools, services or information that Zest. a trading name of Home Appliance Guard Ltd makes available through the Website either now or in the future;
“Services” means the services available to you through this Website, specifically Zest. a trading name of Home Appliance Guard Ltd.
“Premises” Means our place(s) of business located at Home Appliance Guard Ltd.
“System” means any online communications infrastructure that Zest. a trading name of Home Appliance Guard Ltd makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by Zest. a trading name of Home Appliance Guard Ltd and acting in the course of their employment; and
“Website” means the website that you are currently using (www.zestplan.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Access to the Website The information in this website is directed at people who solely access the website from the United Kingdom.
3. Age Restrictions Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
4. Content and Product Information The information and product detail shown on this website is for information purposes only. If you purchase a policy through this website the product and services will be subject to the specific terms and conditions provided at the time of purchase.
5. Business Customers These Terms and Conditions do not apply to customers procuring Services in the course of business.
6. Intellectual Property
6.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Zest a trading name of Home Appliance Guard Ltd., our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Zest a trading name of Home Appliance Guard Ltd.
7. Third Party Intellectual Property
7.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
8. Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
9. Fair use of Intellectual Property Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
10. Links to other Websites This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Zest a trading name of Home Appliance Guard Ltd or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
11. Links to the Website Those wishing to place a link to this Website on other sites may do so only after obtaining permission from Home Appliance Guard. Requests to link to the home page of the site www.zestplan.co.uk are to be sent to CustomerServices@zestplan.com
12. Use of Communications Facilities
12.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
12.1.1 You must not use obscene or vulgar language;
12.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
12.1.3 You must not submit Content that is intended to promote or incite violence;
12.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
12.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
12.1.6 You must not impersonate other people, particularly employees and representatives of Zest a trading name of Home Appliance Guard Ltd or our affiliates; and
12.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
12.2 You acknowledge that Zest is a trading name of Home Appliance Guard Ltd reserves the right to monitor any and all communications made to us or using our System.
12.3 You acknowledge that Zest a trading name of Home Appliance Guard Ltd may retain copies of any and all communications made to us or using our System.
12.4 You acknowledge that any information you send to us through our website or post on the live chat system may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
13. Services, Pricing and Availability
13.1 Whilst every effort has been made to ensure that all descriptions of Services available from Zest a trading name of Home Appliance Guard Ltd correspond to the actual Services, Zest a trading name of Home Appliance Guard Ltd is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.
13.2 All pricing information on the Website is correct at the time of going online. Zest a trading name of Home Appliance Guard Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
13.3 In the event that prices are changed during the period between an order being placed for Services and Zest a trading name of Home Appliance Guard Ltd processing that order and taking payment, provision of Services shall commence as per your order and you will be charged the original price.
13.4 All prices on the Website include Insurance Premium Tax. Where VAT is applicable, the amount of VAT will be specified along with the unit price of the item.
14. Provision of Services
14.1 Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.
14.2 Zest a trading name of Home Appliance Guard Ltd shall use its best endeavours to provide the Services with reasonable skill and care.
14.3 Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.
14.4 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. Zest a trading name of Home Appliance Guard Ltd will ensure that any necessary corrections to the Services provided are made within 7 working days.
14.5 Zest a trading name of Home Appliance Guard Ltd reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
14.5.1 Any use or enjoyment that you may have already derived from the Services;
14.5.2 Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of Zest a trading name of Home Appliance Guard Ltd. Such discretion to be exercised only within the confines of the law.
15.1 Zest a trading name of Home Appliance Guard Ltd makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
15.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
15.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
15.4 Whilst Zest. a trading name of Home Appliance Guard Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
16. Changes to the Service and these Terms and Conditions Zest. a trading name of Home Appliance Guard Ltd reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Zest trading name of Home Appliance Guard Ltd is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
17. Availability of the Website
17.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
17.2 Zest a trading name of Home Appliance Guard Ltd accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
18 Limitation of Liability
18.1 To the maximum extent permitted by law, Zest a trading name of Home Appliance Guard Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
18.2 Nothing in these Terms and Conditions excludes or restricts Zest a trading name of Home Appliance Guard Ltd.’s liability for death or personal injury resulting from any negligence or fraud on the part of Zest a trading name of Home Appliance Guard Ltd.
18.3 Nothing in these Terms and Conditions excludes or restricts Zest a trading name of Home Appliance Guard Ltd.’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
18.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
19. No Waiver In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
20. Previous Terms and Conditions In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
21. Third Party Rights Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Zest a trading name of Home Appliance Guard Ltd.
22.1 All notices / communications shall be given to us either by post to our Premises at Kingsland House, 21 Hinton Rd, Bournemouth, Dorset, BH1 2DE or by email to CustomerServices@zestplan.com . Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
23. Zest a trading name of Home Appliance Guard Ltd may from time to time send you information about our products and/or services. If you do not wish to receive such information, please change your preferences in the ‘My Account’ section of the website and then choose the opt out of marketing option.
24. Law and Jurisdiction These Terms and Conditions and the relationship between you and Zest a trading name of Home Appliance Guard Ltd shall be governed by and construed in accordance with the Law of England and Wales and Zest. a trading name of Home Appliance Guard Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.