Table of contents
1. Introduction
1.1 Canopy is the trading name of InsureStreet Limited (“Canopy”, “we”, “our” or “us”), a company registered in England and Wales. Our registered office is at One Suffolk Way, Sevenoaks, Kent, England, TN13 1YL.
1.2 By signing up for an account with Canopy, you are agreeing to be bound by the following terms and conditions (“Canopy Terms”). These Canopy Terms are to be read in conjunction with:
- our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you or others provide to us; and
- our Cookies Policy, which sets out information about the cookies we use.
1.3 These Canopy Terms are important. Please read them carefully as they contain details of our statutory and regulatory responsibilities to you, and your contractual obligations to us. They also set out the basis on which we provide, and you are permitted to use, the various services (“CanopyServices”) made available on the website www.canopy.rent and the Canopy mobile application (“Platform”)
1.4 You can review the current version of the Canopy Terms at any time on this page. We reserve the right to change the Canopy Terms at any time by posting updates to this page. If we make substantial changes, or if we are required to do so by law, we will notify you of such change in advance to the email address associated with your Canopy Account, but it is your responsibility to check this page from time to time to make sure you’re aware of any changes to these Canopy Terms.
You can contact Canopy at any time by emailing Canopy Support, support@canopy.rent
2. Information about us
2.1 Canopy is an Introducer Appointed Representative (FRN 764233) of the following:
Alan Boswell Insurance Brokers Limited (‘Alan Boswell’), who are authorised and regulated by the Financial Conduct Authority, with reference number 973466.
Let Insurance Services t/a The Lettings Hub, who are authorised and regulated by the Financial Conduct Authority, with reference number 474985
Legal for Landlords, who are authorised and regulated by the Financial Conduct Authority, with reference number 528518.
2.2 Contracts of insurance arranged by Canopy are underwritten by Wakam, a public limited company registered with the Paris Trade and Companies Registry under N° 562 117 085. Its head office is located at 120-122 rue Réaumur, 75002 Paris, France (the “Insurance Provider”). The Insurance Provider and Canopy acts as a cover holder (meaning we arrange and administer policies as an agent of the Insurance Provider in terms of accepting the risk, collecting the premium and issuing documentation) for the Insurance Provider in all circumstances.
2.3 Canopy provides regulated Account Information Services as an agent of Plaid Financial Ltd, an authorised payment institution regulated by the Financial Conduct Authority under the Payment Services Regulations 2017 (Firm Registration Number: 804718) for the provision of payment services, including account information services (“Plaid Financial Ltd”).
3. Account
3.1. Account Set-up, Eligibility and Maintenance
To use Canopy Services, you must first register for a Canopy Account on the Platform. In the case of a company, by registering for a Canopy Account, you warrant that you have authority to bind the company (as the contracting party) to these Canopy Terms. In the case of an individual, by registering for a Canopy Account, you warrant that you:
- Are 18 years of age or older;
- Have the appropriate immigration status to be a resident of the United Kingdom as per the Right to Rent policy in the Immigration Act 2016 (UK).
You hereby represent and warrant that the information you provide to Canopy upon registration, including information provided through your Linked Accounts (as defined below), and at all other times, will be true, accurate, current, and complete. You will ensure that this information is kept up-to-date at all times.
You are responsible for any use of Canopy Services with your Canopy Account details and password, and for protecting your Canopy Account details and password from unauthorised use. You must not share this information with any other person. You are also responsible for the security of any computer from which you choose to sign into your Canopy Account.
We reserve the right to refuse to register or to delete your Canopy Account if you have previously had a Canopy Account deactivated by us due to your breach of these Canopy Terms (or earlier versions thereof).
3.2. Linked Accounts
Canopy may, now or in the future, allow you to link your Canopy Account to your account(s) on third party services, such as social networking sites (“Linked Accounts”). If you link your Canopy Account to a Linked Account, you are authorising Canopy to access and collect information associated with your Linked Account (the precise information depending on the permissions of the applicable third party service provider) on your behalf in order to integrate your experience on the Platform with content, information, and features available through such Linked Accounts. Linking, accessing or using a third party service through the Platform in this manner may be subject to additional terms established by the applicable third party service provider, and it is your sole responsibility to comply with such third party terms.
4. Access to the Website
Canopy will make reasonable efforts to make the Platform and Services available 24 hours a day, 7 days a week. Notwithstanding this, you hereby acknowledge that your use of the Platform and the Services may be interrupted from time to time, for example, when we perform maintenance services or as a result of delays or delivery failures resulting from the use of communications networks and facilities.
Access to the Platform and use of the Services is provided on an “as is” basis which means that we do not warrant the Platform or Services will be error-free at all times, and we shall not be liable to you for failure of the same.
5. Canopy Services
We will provide the Canopy Services below using reasonable skill and care and in accordance with our legal and regulatory obligations.
We reserve the right (without liability to you or prejudice to our other rights) to suspend your access to or use of the Canopy Services (including through deactivation of your Canopy Account) without notice in the event you breach, or we reasonably suspect that you have breached or will breach, these Canopy Terms.
If you are someone that is renting or looking to rent a property, you are referred to as a “Renter” or “Tenant”.If you own a property, or multiple properties, that you rent, or wish to rent to Renters, you are referred to as a “Landlord” (Landlord includes institutional landlords). Any agent that acts on behalf of a Landlord to market properties for rent to Renters is referred to as a “Letting Agent”.
5.1. RentPassport
Our RentPassport provides Renters with a digital renter identity and rental history, which they can share with Landlords or Letting Agents. As part of Tenant on-boarding, we carry out a range of checks including fraud prevention and affordability.
We also offer the option of upgrading to verifying name, date of birth, Know-Your-Customer (KYC), Anti-Money-Laundering (AML), 3 years address history and a soft credit check. These tenant screening checks are required by Letting Agents and Landlords to verify a tenants suitability for a rental property
Renters are empowered to share their rental data with a letting agent or landlord as and when appropriate. Canopy may also share your information with the relevant Letting Agent and Landlord.
You acknowledge that the information you give to us will be relied upon in order to create a RentPassport and may be relied upon by Landlords or Letting Agents when deciding whether or not to enter into a tenancy agreement. It is your sole responsibility to ensure this information is accurate, and to inform us of any changes to the information you have provided.
We will only disclose your RentPassport to parties for whom we provide rental referencing and additional parties whom you instruct us to do so, including but not limited to Landlords, Letting Agents, the Insurance Provider (or any other insurance provider we may select from time to time) and Experian, Equifax and TransUnion (or such other credit reference agency ("CRA") as we may select from time to time to help us compile your credit report.)
In order to enable us to compile your RentPassport, as a Renter or Guarantor, you consent to us obtaining the following information about you from relevant third parties:
- Confirmation of your identity;
- Confirmation of your date of birth;
- Information regarding your credit history;
- Confirmation of your right to reside in the United Kingdom;
- Confirmation of those addresses at which you are registered as residing (e.g. voting register, credit agencies, telephone databases);
- Confirmation of any legal and regulatory warnings issued against you;
- Confirmation of your mortality;
- Confirmation of your appearance on any global watchlists, including Government sanctions lists, politically exposed persons lists, anti-terrorism watchlists, anti-money laundering (AML) watchlists and disqualified directors lists;
- Information regarding your education history;
- Information regarding your employment history; and
- Information regarding your rental history.
This information will be processed by an artificially defined algorithm in order to create your RentPassport.
Your RentPassport (including your credit report) is based on the information you, as a Renter or Guarantor, provide to us in order to create a RentPassport at a given point in time. We are not responsible for any inaccuracies in the information you provide to us. As part of our service, we do not provide any credit repair services and as such are not permitted to act on your behalf should you challenge any of the contents in your credit report. You acknowledge that all elements of a RentPassport are final.
If you have any questions or objections relating to your RentPassport, please see our Frequently Asked Questions: https://www.canopy.rent/help or contact us at customerservice@canopy.rent.
5.2. CanopyGrow Services (“CanopyGrow Services”)
As a Renter you have the option to use a rent tracking tool (“RentTracking”) that can report to credit rating agencies (“CRAs”), and other financial health tools.
5.3 Insurance Services
With Canopy, Renters may be introduced to a range of insurance products and services .
Our sole obligation under these Canopy Terms in respect of this particular Service is to arrange contracts of insurance between you, as a Renter and the Landlord as joint insured and the Insurance Provider. Details of the contract of insurance can be found at https://www.canopy.rent (“Policy”). Policies are underwritten by the Insurance Provider.
All statements made by you or information given by you to us or the Insurance Provider in connection with a Policy are your responsibility. You have a duty to take reasonable care to answer all of the Insurance Providers’ questions fully and accurately and to ensure that any information you provide is not misleading. If you do not do this you acknowledge that the Insurance Provider may be able to impose different terms on your policy cover, may charge you a higher premium or, in certain circumstances, may be able to avoid your policy from inception and any claim made would not be paid.
5.4 Home Setup Services (“CanopyMove” ) , (“CanopyBills”)
All tenants will receive, at no extra charge, Home Setup Services which comprise arranging change of occupation notifications for council tax and utilities, as well as setting up optional services such as broadband, TV, phone, insurance, home care and/or where requested other moving-related needs such as insurance, cleaning, storage or removals.
The Home Setup Services are provided on Canopy’s behalf by Ethical Introductions Limited (t/a Just Move In), who are authorised and regulated by the Financial Conduct Authority (Firm Number 837215)and Billing Better Limited (10444812) trading as Homebox. Please note that in order to arrange and confirm the scope of the Home Setup Services to be provided, a tenant will be contacted by telephone, text or email by the appropriate third party.
As part of the Canopy contractual agreement, Just Move and Homebox will receive and are also a controller of users’ Personal Data necessary for the provision of the Home Setup Services, as further described in our Privacy Policy.
Contents Insurance - “CanopyCover”
All tenants will receive, the option to purchase Content Insurance Services, under CanopyCover which provides the option of arranging contents insurance for tenants.
The CanopyCover Service is provided by insurance agents for whom we act as Introducer Appointed Representative (IAR):
LegalforLandlords who are authorised and regulated by the Financial Conduct Authority (Firm Number 528518).
Alan Boswell Insurance Brokers Limited (‘Alan Boswell’), who are authorised and regulated by the Financial Conduct Authority, with reference number 973466.
Let Insurance Services t/a The Lettings Hub, who are authorised and regulated by the Financial Conduct Authority, with reference number 474985.
Please note that in order to discuss this service, a tenant will be contacted by telephone, text or email by the appropriate third party.As part of the Canopy contractual agreement, insurance providers will receive and are also a controller of users’ Personal Data necessary for the provision of the CanopyCover, as further described in our Privacy Policy.
InsureStreet Limited (trading as 'Canopy') is an Introducer Appointed Representative and may receive a commission from them for introducing you.
The information provided is for guidance purposes only and should not be regarded as a substitute for taking financial advice. You should consult your professional adviser if you require financial advice.
5.5 Third Party Platform & Services
You acknowledge that the Platform and Canopy Services may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that you do so solely at your own risk. We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content, or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you with any such third party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and not us. We recommend that you refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. We do not endorse or approve any third-party website nor the content of any of the third-party websites made available via the Platform or any of the Canopy Services.
6. Charges
6.1 Canopy digital and instant RentPassport is free for Tenants, Lettings Agents and Landlords.
6.2 As a Renter, Landlord or Letting Agent, you agree to pay all fees (if any) in connection with your use of the Canopy Services on our Platform. We reserve the right not to provide or instruct a third party to provide relevant Canopy Services to you until such payment has been received in full and cleared funds.
6.3 Other fees may apply in relation to other aspects of the Canopy Services provided via the Canopy platform, and we encourage our customers to familiarise themselves with the charges contained in our Canopy Terms.
6.4. In addition to any applicable administration charge, when we arrange a policy the insurer pays us a percentage of the total premium you pay. If the type of policy we sell reaches specific profit targets the insurer also pays us an additional bonus. Based on this we may also pay a percentage commission to the Landlord, Letting Agent or portal depending on the size of the agent. Customers are entitled to, if they wish, to request any and all information concerning any commission being paid to the Letting Agent/Landlord.
7. Introducer Arrangements
A third party may have introduced you to us and for this the introducer may be paid a fee by Canopy. Similarly, we may introduce you to other third parties, for which the third party may pay a fee to us.
8. Management Payments
As a Landlord, a Renter, or a Letting Agent, you may use the Platform to manage payments relating to tenancy and maintenance of a rental property, provided both payee and payor hold Canopy Accounts and agree to the use of this Service.
Payments will be processed by a third party payment processor, Stripe, in accordance with its standard terms and conditions: https://stripe.com/payment-terms/legal.
You hereby give consent: (a) to us sending you electronic communications (including via email and text) in relation to upcoming, successful and late/outstanding payments managed via the Platform; and (b) for the payment processor to access your bank account which is nominated by you from time to time, and to either deduct or deposit the applicable amount, less (where you are the payee) any fee which may apply.
You acknowledge and agree that when using the Stripe services on our Platform, you will comply with Stripe’s end user licence agreement in respect to your use of the Stripe service. We also shall not be liable to any person if the payment processor is not able to deduct or deposit any amount due to insufficient funds or incorrect bank account details.
9. Open banking
Plaid Financial Ltd provides us with a portal through which Renters can authorise Plaid Financial Ltd to share a Renter’s open banking data with us. This allows us to share information regarding your bank account (“Personal Account”) and payment information with selected third parties, such as Experian, Equifax and TransUnion (or any other CRA), strictly in relation to your use of the Platform and the services we provide. The information we have access to through Plaid Financial Ltd includes, but is not limited to, the name, account ID, type, time stamp and amount transacted of your bank transactions. Full details about the way in which such banking and payment information is processed are set out in our Privacy Policy. You acknowledge and agree that when using the Plaid Financial Ltd service on our Platform, you will comply with Plaid Financial Ltd's policies https://plaid.com/legal/.
10. Right to rent
Within the Platform we offer Renters an identity verification service provided by IDnow GmbH, ("IDnow") whose registered office is at Auenstraße 100, 80469, Munich, Germany. Such service is offered primarily within the Right to Rent section of our platform but may from time to time be utilised within other processes or services that Canopy may offer. You acknowledge and agree that when using the IDnow identification verification service on our Platform, you are accepting and will comply with IDnow’s terms and conditions and privacy policy, both of which can be found at the following links:
https://go.idnow.de/privacy/en
https://go.idnow.de/terms
Furthermore Canopy may be required to keep a copy/copies of your Identity documents in order to comply with the Immigration Act 2016. Accordingly, you acknowledge that by submitting any document via the IDnow identification verification service on our Platform, Canopy will be required and entitled to keep a copy/copies of such documents for such length of time as is needed to comply with the relevant laws.
11. PLATFORM SERVICE LIMITATIONS
The Platform connects Landlords, Letting Agents, and Renters, and provides a range of insurance and non-insurance services with respect to the rental and management of residential properties throughout various stages of a property rental experience. Unless you purchase a product or service from us on the Platform, our only obligation to you is to make this Platform and the Canopy Services available to you in accordance with these Canopy Terms.
While we may use your RentPassport to offer a range of financial wellness products and services and non-financial services, we do not offer any advice or recommendations regarding insurance or other financial products. We do not offer or provide any advice including without limitation advice in relation to insurance, property, regulatory, tax, business, financial or legal matters and nothing on the Platform, any Service or any information provided as part of the Canopy Services should be construed as such. You are solely responsible for assessing whether or not any insurance or other product we offer to you is suitable for your needs. Any decision to use the Canopy Services or enter into any transaction including without limitation a tenancy or contact of insurance should be arrived at by you independently. We are at all times the agent of and act only on behalf of the Insurance Provider and for no other person.
We are not a real estate agency or a property manager. And we are not involved in, and have no liability for, any communication, dispute or agreement (including tenancy agreement) made between a Letting Agent, Landlord or a Renter. We further do not warrant that this Platform or the Canopy Services provide Landlords and Renters with all the information, tools and access required to comply with applicable laws and regulations in relation to the letting of property. Use of the Platform and the Canopy Services are not a substitute for professional or specialist real estate advice.
You hereby acknowledge that we do not verify any data, information or other content posted, uploaded or transmitted by users of the Canopy Services and, as such, it is your sole responsibility to check, confirm and satisfy yourself as to the accuracy of any such content as well as any information presented to you as part of the Canopy Services which is derived from such content. We provide no warranty and accept no responsibility for the accuracy or completeness of such content displayed on the Platform.
You are responsible for keeping copies of any information you provide to us. The Canopy Services do not include storage or back-up services; and we shall not be liable to you for any loss of such information (subject to our legal obligations to you as data controller of personal data).
12. YOUR USE OF THE WEBSITE & SERVICES
12.1. Prohibited Use
You shall not:
- licence, sell, rent, transfer, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise make the Platform or any of the Canopy Services available to any third party;
- access or use all or any part of the Platform or the Canopy Services in order to build a product or service which competes with the Canopy Services, or for the purposes of monitoring the Canopy Services’ availability, performance or functionality;
- use the Platform or any of the Canopy Services to provide services to third parties (unless those third parties also have Canopy Accounts and such use is in accordance with the intended and usual purpose of the Canopy Services), or permit the Platform or the Canopy Services or any part of them to be combined with, or incorporated into, any other service or program;
- attempt to copy, modify, duplicate, create derivative works of, frame, mirror, republish, download, display, transmit or distribute all or any portion of the software applications used by us as part of the Platform or any of the Canopy Services (except as may be allowed by any applicable law incapable of exclusion);
- attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software applications used by us as part of the Platform or any of the Canopy Services (except as may be allowed by any applicable law incapable of exclusion);
- attempt to obtain, or assist third parties in obtaining, unauthorised access to the Platform or Canopy Services;
- interfere with or disrupt the Platform or the Canopy Services, or use or access the Platform or the Canopy Services in a manner that unfavourably affects the performance or proper functioning of the Platform and the Canopy Services, or any computer systems or networks used by the Platform or the Canopy Services;
- use any robot, spider or other automatic device or process to send or redirect messages, or monitor, download, copy or keep a database copy of any of the content transmitted to or made available through the Platform or the Canopy Services;
- access, store, distribute or transmit any computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs during the course of your use of the Platform or Canopy Services;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or theCanopy Services (whether ours or our licensors');
- remove, cover or otherwise obscure any form of advertisement included on the Canopy Services;
- collect, harvest, use, copy, share or transfer any information, including but not limited to personal data, obtained from theCanopy Services (excluding your User Content (as defined in Section 7.2 ‘User Content’), and unless the owner of such information has expressly permitted the same); or
- use the Platform or the Canopy Services or any aspect or feature thereof for any, illegal, unlawful or fraudulent purpose or in any way that might cause harm to us or any other person.
12.2. Prohibited Content
You shall not submit or transmit any information, data or content such as text, documents, photos, audiovisual content and other media content (including all information submitted to us by you for the purpose of creating your RentPassport as well as all Contributions as defined in Section 11 ‘Contributions’ below) (“User Content”) during the course of your use of the Platform or Canopy Services that:
- is fraudulent or unlawful;
- harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- infringes, misappropriates or violates a third party’s rights, including intellectual property rights or rights of publicity or privacy;
- facilitates illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
- breaches any legal duty owed by a third party, such as a contractual duty or a duty of confidence;
- promotes the business of a third party (other than in the usual course of use of the Canopy Services, for example, placing a review of a Letting Agent); or
- deceives any person, impersonates any person, or misrepresents your identity or affiliation with any person.
In addition, all User Content must be accurate (where it states facts) and be genuinely held (where it states opinions).
13. INDEMNITY
You agree to indemnify us (which means compensate us) and hold us harmless against any costs, expenses, liabilities, damages or loss suffered or incurred by us in connection with your breach of this Section 19.
14. USER CONTENT
All personal data will be processed in accordance with our Privacy Policy: https://www.canopy.rent/privacy and any other User Content will be considered non-confidential and non-proprietary unless you specifically advise us otherwise in writing.
You shall have the sole responsibility for the legality, reliability, integrity, accuracy and quality of your User Content, including its compliance with the content standards set out in Section ‘Prohibited Content’ above, and agree to promptly update or correct any such User Content on becoming aware of any errors or inaccuracies.
We have no obligation to monitor, censor or review User Content and its compliance with the content standards set out in ‘Prohibited Content’ above, but we reserve the right to do so. We further reserve the right to remove, edit or decline to display any User Content without notice, or to require you to amend your User Content at any time, if we consider, or have reason to believe, that such User Content does not comply with the above content standards.
15. INTELLECTUAL PROPERTY
You acknowledge that all intellectual property rights in the Platform and the Canopy Services anywhere in the world belong to us or our licensors, and that you have no rights in or to the Platform or the Canopy Services other than the right to use each of them in accordance with these Canopy Terms.
You retain all ownership rights in your User Content (as defined in Section ‘Prohibited Content’ above), but you are required to grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with our performance of the Canopy Services and provision of the Platform and (where relevant) other online platforms.
16. CONTRIBUTIONS
When you submit any ideas, suggestions, documents and/or proposals relating to the Canopy Services (or other products or services) to Canopy through the “Contact Us” User Form, the Support interfaces or through any other channel or mechanism (collectively “Contributions”), you acknowledge and agree that:
- Canopy shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way;
- to the extent there are any intellectual property rights subsisting in your Contributions, that hereby grant us a worldwide, perpetual, non-exclusive, transferable and irrevocable licence (with a right to sub-license) under such rights to use and exploit the Contributions without limitation or restriction; and
- you are not entitled to any compensation or reimbursement of any kind from Canopy under any circumstances.
17. LIABILITY
You agree to the following limitations on our liability to you:
- Exclusion of certain losses: Canopy shall not be liable to you for any loss of profits, business, anticipated savings, goodwill or business opportunity, business interruption, loss or corruption of data or information (subject to our liability to you as data controller of personal data), or for any special, indirect or consequential loss or damage, howsoever arising under these Canopy Terms;
- Cap on liability: Canopy’s maximum aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Canopy Terms shall be limited to liability to the greater of: (a) £100; or (b) the aggregate of the amount (if any) paid by you to us in the 6 months immediately preceding you bringing a claim against us.
Further, due to the nature of the Platform, the Canopy Services and the online environment, we do not take responsibility for the following:
- Network problems: the transfer of content and data over communication networks and facilities, including the internet, is subject to limitations, delays and other problems inherent in the use of such communication facilities. We are not responsible for any loss, damage, delay or failure resulting from such transfers or any other event beyond our reasonable control;
- Results of Canopy Services: you assume full responsibility for results achieved or obtained from the use of the Canopy Services, and for conclusions drawn from such use. We do not warrant that the Canopy Services or any information obtained by you through the Canopy Services will meet your particular requirements; and
- Your actions, instructions and breach: Canopy shall have no liability for any loss or damage caused by errors or omissions in any content or information provided by you to Canopy in connection with the Canopy Services, or any action taken by Canopy as a result of your direction, or your breach of these Canopy Terms.
Nothing in these Canopy Terms shall exclude either party’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded such as under the rules and regulations of the Financial Conduct Authority.
All warranties, conditions, representations or other terms implied by statute or common law in relation to the Platform and any Canopy Services provided by us are excluded to the fullest extent permitted by law.
18. CANCELLATION AND TERMINATION
18.1 Cancellation
You may cancel these Canopy Terms with us at any time, for any reason, by deactivating your Canopy Account and ceasing all use of the Platform and the Canopy Services. Please note that cancellation termination of these Canopy Terms will not affect the validity of any Policy or tenancy agreement that you have entered into.
Cancellation rights in respect of CanopyGrow Services are set out in the CanopyGrow Terms. Cancellation of the CanopyGrow Services by you will not automatically cancel your use of the Canopy Services.
18.2 Termination
We may terminate these Canopy Terms with you and deactivate your Canopy Account immediately in the event you commit a material or persistent breach of these Canopy Terms, the Canopy Services are discontinued, we lose the right to provide you with the Platform or any of the Canopy Services, or where the provision of the Platform or any of the Canopy Services becomes unlawful. We will use reasonable endeavours to provide you with notice in advance; however, you acknowledge that this may not be possible in all circumstances.
For the avoidance of doubt, termination of these Canopy Terms will not result in the termination of any Policy purchased by you or any tenancy agreement entered into you by.
19. PRIVACY & YOUR INFORMATION
See our Privacy Policy and Cookies Policy which are hereby incorporated into these Canopy Terms by reference, for more information about how your personal data will be processed by us.
20. OTHER IMPORTANT TERMS
Assignment and other dealings: You may not assign, transfer, sub-license or deal in any other manner with any or all of your rights or obligations under these Canopy Terms, without our prior written consent. We reserve the right to transfer, assign, sub-contract or deal in any other manner with any or all of our rights or obligations under these Canopy Terms, without notifying you or receiving your consent.
Waiver: If we do not insist immediately that you do anything you are required to do under these Canopy Terms, or if we delay in taking steps against you in respect of your breaking this contract, 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.
Third Party Rights: No one other than a party to these Canopy Terms, their successors and permitted assignees, shall have any right to enforce any of its terms.
Entire Agreement: These Canopy Terms, and all documents referred to in them, constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Governing Law/ Jurisdiction: These Canopy Terms are governed by English law and you can bring legal proceedings in respect of any dispute or claim arising out of or in connection with these Canopy Terms in the English courts.
RENT TRACKING terms
1. CANOPYGROW RENT TRACKING SERVICES
RentTracking is a CanopyGrow service feature, where rental payments are reported to CRAs. They include Experian Limited, ofSir John Peace Building, Experian Way, NG2 Business Park, Nottingham, NG80 1ZZ, with company number 653331 (“Experian”), Equifax Limited of 1 Angel Court, London, EC2R 7HJ, with company number 2425920 (“Equifax”), TransUnion International UK Limited of One Park Lane, Leeds, West Yorkshire, LS3 1EP (“TransUnion”), and any other CRA which we may choose to partner with from time to time. If you authorise the RentTracking service through your Canopy Account, we will share your bank account and rental payment information (that you enter into Plaid Financial Ltd’s platform) with such CRAs. If you request to stop RentTracking through your Canopy Account we will notify the relevant CRA of your request. Full details of what data we may share with CRAs are set out in our Privacy Policy which can be found here.
Users should be aware that any information reported to the CRAs may be used for a wide variety of purposes. The information supplied to CRAs may assist other landlords and organisations who have access to the applicable CRA information to:
- assess and manage any new tenancy agreements you may enter into;
- assess your financial standing to provide you with suitable products and services;
- manage any accounts that you may already hold, for example reviewing suitable products or adjusting your product in light of your current circumstances;
- contact you in relation to any accounts you may have and recovering debts that you may owe;
- verifying your identity, age and address, to help other organisations make decisions about the services they offer;
- help to prevent crime, fraud and money laundering;
- screen marketing offers to make sure they are appropriate to your circumstances;
- In addition, Users should be aware that the CRA use the information reported:
for the CRA to undertake statistical analysis, analytics and profiling, - and for the CRA to conduct system and product testing and database processing activities, such as data loading, data matching and data linkage
- CanopyGrow Standard is a subscription which is free of charge. This includes RentTracking to one CRA.
- CanopyGrow Premium is a year’s subscription service which costs £84.00 (equating to £7.99 per month for a maximum of 12 months). This includes RentTracking to all CRAs.
2. ELIGIBILITY
To subscribe for Rent Tracking, you must first register for a Canopy Account on the Platform (“Canopy Account”). By registering for a Canopy Account, you warrant that you:
- Are 18 years of age or older;
- Have the appropriate immigration status to be a resident of the United Kingdom as per the Right to Rent policy in the Immigration Act 2016 (UK).
- Hold a personal bank account in the United Kingdom;
- Have completed the application process for CanopyGrow
You hereby represent and warrant that the information you provide to Canopy upon subscribing to CanopyGrow, and at all other times, will be true, accurate, current, and complete. You will ensure that this information is kept up-to-date at all times.
You are responsible for any use of CanopyGrow Services with your Canopy Account details and password, and for protecting these from unauthorised use. You must not share this information with any other person. You are also responsible for the security of any computer from which you choose to sign into your Canopy Account.
We reserve the right to refuse to register or to delete your CanopyGrow Canopy Account if you have previously had a Canopy Account deactivated by us due to your breach of these CanopyGrow Terms (or earlier versions thereof).
3. OPEN BANKING
When you applied for the Canopy Services, you agreed that Canopy may receive your explicit consent and instruction for us, through Plaid Financial Ltd, to access, retrieve and use your Personal Account data in order to:
- Share information regarding your Personal Account and payment information with selected third parties, such as Experian, Equifax, Transunion (or any other CRA), strictly in relation to your use of the Platform and the services we provide;
- View and monitor your Personal Account balances and transactions;
- Make and store a copy of your Personal Account data;
- Analyse the transactions, balances and use of your Personal Account to identify income and spending habits;
- Provide personalised insights, alerts and other tools relating to financial health.
The information we have access to through Plaid Financial Ltd includes, but is not limited to, the name, account ID, type, time stamp and amount transacted of your bank transactions. Full details about the way in which such banking and payment information is processed are set out in our Privacy Policy.
Due to regulatory requirements, we will periodically ask you to renew your consent, and you may withdraw consent, however if you withdraw or fail to renew your consent when requirement, we will be unable to continue to provide the CanopyGrow Services and such provision of the services will be suspended immediately unless and until such time as your consent is provided. If you pay the Subscription Fee monthly, you will still be required to make Subscription Fee Instalments, while the services are suspended.
We will not be able to control your Personal Account, make payments or transfer funds to third parties, and we will not at any point process or store your internet banking access details.
You acknowledge and agree that when using the Plaid Financial Ltd service on our Platform, you will comply with Plaid Financial Ltd's policies https://plaid.com/legal/.
4. INTELLECTUAL PROPERTY
You acknowledge that all intellectual property rights in the Platform and the CanopyGrow Services anywhere in the world belong to us or our licensors, and that you have no rights in or to the Platform or the CanopyGrow Services other than the right to use each of them in accordance with these CanopyGrow Terms.
You retain all ownership rights in your User Content (as defined in Section ‘Prohibited Content’ above), but you are required to grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with our performance of the CanopyGrow Services and provision of the Platform and (where relevant) other online platforms.
5. LIABILITY
You agree to the following limitations on our liability to you:
- Exclusion of certain losses: Canopy shall not be liable to you for any loss of profits, business, anticipated savings, goodwill or business opportunity, business interruption, loss or corruption of data or information (subject to our liability to you as data controller of personal data), or for any special, indirect or consequential loss or damage, howsoever arising under these Canopy Terms;
- Cap on liability: Canopy’s maximum aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Canopy Terms shall be limited to liability to the greater of: (a) £100; or (b) the aggregate of the amount (if any) paid by you to us in the 6 months immediately preceding you bringing a claim against us.
Further, due to the nature of the Platform, the CanopyGrow Services and the online environment, we do not take responsibility for the following:
- Network problems: the transfer of content and data over communication networks and facilities, including the internet, is subject to limitations, delays and other problems inherent in the use of such communication facilities. We are not responsible for any loss, damage, delay or failure resulting from such transfers or any other event beyond our reasonable control;
- Results of CanopyGrow Services: you assume full responsibility for results achieved or obtained from the use of the Services, and for conclusions drawn from such use. We do not warrant that the Services or any information obtained by you through the Services will meet your particular requirements; and
- Your actions, instructions and breach: Canopy shall have no liability for any loss or damage caused by errors or omissions in any content or information provided by you to Canopy in connection with the Services, or any action taken by Canopy as a result of your direction, or your breach of these Canopy Terms.
Nothing in these CanopyGrow Terms shall exclude either party’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded such as under the rules and regulations of the Financial Conduct Authority.
All warranties, conditions, representations or other terms implied by statute or common law in relation to the Platform and any CanopyGrow Services provided by us are excluded to the fullest extent permitted by law.
6. CANCELLATION AND TERMINATION
6.1 Cancellation
You may cancel your subscription to CanopyGrow within 14 days starting from the day you subscribe to CanopyGrow by using the in-app cancellation option or by contacting customer support at support@canopy.rent. To receive your refund, please contact Canopy Support. Cancellation of the CanopyGrow Services by you will not automatically cancel your use of the Canopy Services.
We will not provide the CanopyGrow Services during the cancellation period unless you request us to, and you will be asked this question during your application for the subscription service.
You will not be entitled to a refund of the Subscription Fee if you cancel after the first 14 days of your subscription, but no further Subscription Fee Instalments will be taken. If you cancel the subscription early (before the 12 months), the exempt credit agreement will be reported to the CRAs as being settled, which has no detrimental impact to your credit score, provided that the fee is paid in full.
6.2 Termination
We may terminate the CanopyGrow Services with you and deactivate your Canopy Account immediately in the event:
6.2.1: You commit a material or persistent breach of the CanopyGrow Terms, the CanopyGrow Services are discontinued, we lose the right to provide you with the Platform or any of the CanopyGrow Services, or where the provision of the Platform or any of the CanopyGrow Services becomes unlawful.
6.2.2: You have not paid a Subscription Fee Instalment by 14 days after the relevant Repayment Date
For the avoidance of doubt, termination of these terms will not result in the termination of the Services (unless termination is based on your breach of the CanopyGrow Terms.
If we terminate your subscription, we may:
- charge you for any outstanding amount remaining in respect of the Subscription Fee (for example, any outstanding Subscription Fee Instalments);
- send your details to third party debt collectors; and/or
- take any action which is necessary in our opinion to recover our losses
If we terminate your use of CanopyGrow Services, you must:
- stop all activities authorised by these terms, including your use of any CanopyGrow Services; and
- immediately destroy all copies of any pages from the Platform in regards to the CanopyGrow Services which you have downloaded or otherwise stored.
If your subscription has been terminated and you would like to re-subscribe, we have the right to require payment in full of any outstanding amount owed to us.
If we are unable for any reason to continue to provide the CanopyGrow Services, we may terminate your subscription by providing you with 30 days’ notice. In such circumstances, we will provide a refund for the Subscription Fee in respect of any unexpired portion of your subscription, or will not charge any remaining Subscription Fee Instalments from the termination of your subscription.
7. PRIVACY
See our Privacy Policy and Cookies Policy which are hereby incorporated into the CanopyGrow Terms by reference, for more information about how your personal data will be processed by us.
8. OTHER IMPORTANT TERMS
Assignment and other dealings: You may not assign, transfer, sub-license or deal in any other manner with any or all of your rights or obligations under these CanopyGrow Terms, without our prior written consent. We reserve the right to transfer, assign, sub-contract or deal in any other manner with any or all of our rights or obligations under these CanopyGrow Terms, without notifying you or receiving your consent.
Waiver: If we do not insist immediately that you do anything you are required to do under these CanopyGrow Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steWollitps against you at a later date.
Third Party Rights: No one other than a party to these CanopyGrow Terms, their successors and permitted assignees, shall have any right to enforce any of its terms.
Entire Agreement: These CanopyGrow Terms, and all documents referred to in them, constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Governing Law/ Jurisdiction: These CanopyGrow Terms are governed by English law and you can bring legal proceedings in respect of any dispute or claim arising out of or in connection with these CanopyGrow Terms in the English courts.