Qmerit

User Terms and Conditions

Last Updated April 19, 2023

1. Information about us and how to contact us
   1. Who we are. We are Qmerit Electrification UK, Ltd., a company registered in England and Wales. Our company registration number is 14521341 and our registered office is at 2 New Street Square London, United Kingdom, EC4A 3BZ.
   2. How to contact us. You can contact us by telephone on  +44 (800) 0584614, by writing to us at the postal address in paragraph 1.1 or by email to  customerservice@qmerit.uk.
   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 provide to us when interacting with our website.
   4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2. These terms
   1. What these terms cover. These are the terms and conditions which govern your use of our website, qmerit.uk (our “Site”) and the various services that we make available through our Site.
   2. Different sections of these terms apply depending on how you use our Site. The terms and conditions that apply will depend on how you use our Site, as follows:
      1. Section A will apply to all use that you make of our Site.
      2. Section B will apply if you use our ‘Find an Installer’ service, in order to find an electric vehicle charger Installer and arrange an installation.
      3. Section C will apply if you make an order for Qmerit Concierge Services, to assist you in arranging the installation of your electric vehicle charger.
   3. Why you should read these terms. Please read these terms carefully before you use our Site, arrange an installation and/or make an order for Qmerit Concierge Services. These terms tell you who we are, explain our responsibility for the Site and the various services that we make available through our Site and provide other important information.

SECTION A: WEBSITE TERMS OF USE

SECTION A TELLS YOU THE RULES FOR USING OUR WEBSITE AND APPLIES TO ALL USE BY YOU OF OUR SITE.

1. Our website terms of use
   1. Your acceptance of these terms. By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Site.
   2. We may make changes to these terms. We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on April 19, 2023.
   3. We may transfer these terms. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
2. Changes to and availability of our Site
   1. We may make changes to our Site. We may update and change our Site from time to time to reflect changes to our services, our users' needs and our business priorities.
   2. We may suspend or withdraw our Site. Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
   3. Our Site is only for users in the UK. Our Site is directed to people residing in the United Kingdom. We do not represent that content available on or through our Site is appropriate for use or available in other location.
3. You must keep your account details safe
   1. Your account details. If you choose or are provided with a username, user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
   2. We can disable your account. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
   3. You must notify us if anyone knows your account details. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact details set out in paragraph 1.2.
4. how you may use material on our site
   1. Our intellectual property rights. We are the owner or the licensee of all intellectual property rights in our Site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
   2. Our trade marks. QMERIT and the Qmerit Logo are trade marks with pending registrations in the United States, the United Kingdom, and several other European countries.
   3. Use of trade marks and logos displayed on our Site. The trade marks and logos of Qmerit, along with those of our affiliates and partners (e.g. vehicle and charger manufacturers, vehicle finance companies and fleet management companies) which are used and displayed on our Site are our registered and unregistered trade marks or those of our affiliates and partners. Except for the limited permission granted in paragraph 6.4, nothing on this Site should be construed as permitting you any license or right to use any of these trade marks.
   4. What you may do with the material on our Site.
      1. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
      2. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
      3. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
      4. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensor.
   5. If you use our material in a way that is not permitted by these terms. If you print off, copy, download, share or repost any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5. No text or data mining or web scraping
   1. Text or data mining or web scraping is not permitted. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Site or any services provided via, or in relation to, our Site. This includes using (or permitting, authorising or attempting the use of):
      1. Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Site or any data, content, information or services accessed via the same.
      2. Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
   2. We do not limit such activities where we are not legally permitted to do so. This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
6. do not rely on information on this site
   1. The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
   2. We do not guarantee that the information on our Site is accurate. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
7. we are not responsible for websites we link to
   1. We are not responsible for information provided by third parties. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. It also does not mean that we are affiliated with the third-party site’s owners. We have no control over the contents of those sites or resources. We reserve the right to remove a link to a third-party site at any time.
8. our responsibility for loss or damage suffered by you
   1. Whether you are a consumer or business user:
      1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
      2. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which are set out in Sections B and C of these User Terms and Conditions.
   2. If you are a business user:
      1. We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
      2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
         1. use of, or inability to use, our Site; or
         2. use of or reliance on any content displayed on our Site.
      3. In particular, we will not be liable for:
         1. loss of profits, sales, business, or revenue;
         2. business interruption;
         3. loss of anticipated savings;
         4. loss of business opportunity, goodwill or reputation; or
         5. any indirect or consequential loss or damage.
   3. If you are a consumer user:
      1. Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
      2. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
9. Uploading content to our site
   1. You should only upload limited content to our Site. You should only upload to our Site the information that is necessary for you to receive a quote for electric vehicle charger installation services, to make contact with Installer from whom you wish to receive a quotation or whom you would like to have contact you directly, or to place an order for Qmerit Concierge Services.
   2. Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in paragraph 12.
10. Rights you are giving us to material you upload
    1. The rights you grant us. When you upload content to our Site, you grant us the following rights to use that content:
       1. a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Site and across different media including to promote the Site or the service forever; and
       2. a worldwide, non-exclusive, royalty-free, transferable licence for the Installer you choose to perform your installation services to use the content for their purposes forever.
11. acceptable use
    1. Acceptable use of our Site. By using our Site, you agree not to use the Site:
       1. In any way that breaches any applicable local, national or international law or regulation.
       2. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
       3. For the purpose of harming or attempting to harm minors in any way.
       4. To bully, insult, intimidate or humiliate any person.
       5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
       6. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
       7. In any way that involves child sexual exploitation or abuse.
       8. To upload terrorist content.
    2. You also agree:
       1. Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these terms of use.
       2. Not to probe, scan or test the vulnerability of the Site, nor breach the security or authentication measures on the Site. You may not reverse look-up, trace or seek to trace any information on any other user, or exploit the Site in any way where the purpose is to reveal any information, including but not limited to personal information other than your own information, except as expressly authorised by these User Terms and Conditions.
       3. Not to access without authority, interfere with, damage or disrupt:
          1. any part of our site;
          2. any equipment or network on which our Site is stored;
          3. any software used in the provision of our site; or
          4. any equipment or network or software owned or used by any third party.
12. we are not responsible for viruses and you must not introduce them
    1. We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
    2. You must not introduce viruses or misuse our Site. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
13. rules about linking to our site
    1. How you may link to our Site. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.
    2. You are not permitted to establish a link to our Site in certain circumstances:
       1. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
       2. You must not establish a link to our Site in any website that is not owned by you.
       3. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
       4. You must not use our logo as a link to our Site.
    3. Contact us if you wish to link to our Site in any other way. If you wish to link to or make any use of content on our Site other than that set out above, please contact us using the contact details set out in paragraph 1.2.
14. which country’s laws apply to any disputes?
    1. If you are a consumer: please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
    2. If you are a business: these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

SECTION B: FIND AN INSTALLER SERVICE – TERMS AND CONDITIONS

SECTION B APPLIES WHERE YOU USE OUR FIND AN INSTALLER SERVICE IN ORDER TO ARRANGE THE INSTALLATION OF AN ELECTRIC VEHICLE CHARGER.

1. our ‘find an installer’ service
   1. The basis on which we provide our Find an Installer service. The purpose of our Find an Installer service is to help you find a third party installer (an “Installer”) for the charger for your electric vehicle (“EV”). Our Find an Installer service is available as a matter of convenience to assist you in contacting Installers and receiving bids for EV charger installations.
   2. We act only as an agent. Please note that we act as an agent on behalf of the Installers featured on our Site, when providing our Find an Installer service. This means that, while we will help you to find an Installer and to arrange the installation of an EV charger with that Installer, your contract for the provision of the installation services that you select will be with the Installer and not with us. We will have no responsibility for the installation itself or for any acts or omissions of the Installer. Responsibility for the installation of your EV charger, and for any acts or omissions of the Installer, lies with the Installer that you choose to arrange an installation with.
   3. Your contract. When you arrange the installation of an EV charger via our Site, we will enter you into a contract with the Installer you have chosen to carry out the installation, in our role as agent on behalf of that Installer. Your installation will be subject to any specific terms and conditions of the relevant Installer that you contract with. The Installer’s terms and conditions may limit and/or exclude the Installer’s liability to you and so you should read them carefully.
2. arranging an installation
   1. How to arrange an installation. You can arrange an installation via our Site. To arrange an installation, you will need to complete the home charging assessment and upload a picture of your panel and the location you would like the charger to be installed, together with any other information or data that we may from time to time request. You will then be presented with an initial quotation, which we provide on behalf of the Installer.  If you accept the initial quotation and agree to proceed forward with the installation, in some cases, you will be asked to pay a deposit toward your installation, which we will collect on behalf of the Installer.  Once we have received your deposit (or, if no deposit is required, once you have accepted your initial quotation) an Installer will review the materials you have provided and provide a final quotation.    
   2. Confirming your installation. Your installation is confirmed and a contract between you and the relevant Installer will exist when you confirm your final quotation.  If you do not confirm your final quotation, the Installer will not provide any installation services.  If you paid a deposit and do not confirm your final quotation, we will refund your deposit on behalf of the Installer.
   3. If the Installer cannot confirm your installation. If the Installer is unable to confirm your installation, we will inform you of this in writing and will not charge you. If you have already paid a deposit, we will refund this to you. This might be because your chosen Installer is not able to provide installation services in your area, because the Installer believes there are unique conditions that require a site visit or a custom quotation, because the Installer determined discovered upon visiting your location that additional conditions complicate the installation, or because we have identified an error in the price or description of the installation. If the first Installer is unable to perform the installation services, we may be able to introduce you to an alternate Installer to provide an updated quotation and to obtain your confirmation of the final quotation as outlined above.
3. price and payment
   1. Where to find the price. The price of your installation will be the price indicated to you on the final quotation presented to you. We take all reasonable care to ensure that the price of the installation advised to you is correct. However please see paragraph 19.2 for what happens if we discover an error in the price of the installation that you have booked.
   2. Circumstances in which the price may change. It is always possible that, despite our best efforts, your installation may be incorrectly priced. This most often results when an Installer visits your location and discovers additional conditions that complicate the installation beyond what was known based on the information you provided and the photos that were uploaded.  In those circumstances, the Installer will update the quotation based on the actual conditions discovered.  You will then be provided with the opportunity to accept or reject that updated quotation. If you accept the updated quotation, the installation will proceed on the basis of the revised price. On the other hand, if you decide not to proceed forward after receiving the updated quotation, you may cancel the installation, in which case we will refund you any sums you have paid on behalf of the Installer.
   3. When you must pay and how you must pay. We accept payment for your installation, in our role as agent on behalf of your chosen Installer. This may include an initial deposit as well as the full balance due upon completion of the installation.  We utilize a third-party payment provided, Stripe, and you may pay by any of the means allowed by Stripe.  However, in some cases, if you are a fleet customer, your employer or your fleet management company may cover the cost of the installation, and we will be collecting payment from such parties.
4. how you can cancel your installation
   1. Your right to change your mind within 14 days. You have 14 days after the date we confirm your installation, on behalf of the Installer, to change your mind about your purchase, but you lose the right to cancel your installation once it's been completed (and you must pay for any services provided up the time you cancel).
   2. What to do if you change your mind and what happens next. As your contract for the installation is with your chosen Installer, you must contact the Installer directly if you change your mind using the contact details that they provide to you.
   3. If you wish to cancel your installation after 14 days. If you wish to cancel your confirmed installation more than 14 days after the date we confirm your installation, you must contact your chosen Installer and your cancellation can only be accepted in accordance with the Installer’s terms and conditions and the Installer’s cancellation charges will apply.
5. our responsibility for your installation
   1. Our role as an agent is limited. We act as an agent on behalf of the Installers featured on our Site and our responsibilities are limited to helping you to arrange the installation in accordance with your instructions. We do not perform the installation services and we do not manage, oversee or have any control over the Installer you select to perform your installation.
   2. Our responsibility. As an agent, we accept no responsibility for the acts or omissions of the Installer or for the installation services provided by them. We do not guarantee the qualifications or quality of any Installer and, in all cases, it remains your responsibility to negotiate, select and contract with any of the Installers featured on our Site. We accept no responsibility for any information about the Installer that we pass on to you, on behalf of the Installer, in good faith.
6. if there is a problem with your installation
   1. How to report a problem. If you have a complaint about your installation you must contact your chosen Installer directly. Since we act as an agent only, we are not responsible to you for anything that may go wrong during your installation or for any refunds or compensation that may be payable to you as a result.

SECTION C: QMERIT CONCIERGE SERVICE – TERMS AND CONDITIONS

SECTION C APPLIES WHERE YOU MAKE AN ORDER FOR QMERIT CONCIERGE SERVICES, TO ASSIST YOU IN ARRANGING THE INSTALLATION OF YOUR ELECTRIC VEHICLE CHARGER.

1. how to place an order for qmerit Concierge services
   1. Your Order. When you place an order for Qmerit Concierge Services, you agree that:
      1. you have read Section C of these terms and agree to be bound by them;
      2. you are over 18 years of age and resident in the United Kingdom; and
      3. you accept financial responsibility for payment of the Qmerit Concierge Services that you have ordered.
   2. Making an order. From our Site, you will have the opportunity to select Qmerit Concierge Services by selecting that option.  Once you select Qmerit Concierge Services, a member of Qmerit’s customer service team will contact you based on the contact information you have provided to assist you with collecting and confirming the required information needed to find an Installer and arranging for the Installer to perform their services.
   3. If you are a Fleet Customer.  If your employer is paying for your installation directly or through a fleet management company, in most cases, Qmerit Concierge Services will be included automatically at no cost to you.
   4. Our acceptance of your order. Our acceptance of your order will take place when you receive a welcome email from Qmerit, after which time a member of the Qmerit customer service team connects with you and begins their work with you to collect the information necessary to find an Installer and arrange for the Installer to perform their services, at which point a contract will come into existence between you and us, governed by Section C of these terms.
2. price and payment
   1. Where to find the price. The price of Qmerit Concierge Services will be stated on the Site as an option for you to select, and it will be included in the final quotation provided to you. We take all reasonable care to ensure that the price of the Qmerit Concierge Services advised to you is correct. However please see paragraph 24.2 for what happens if we discover an error in the price of the concierge services that you have booked.
   2. What happens if we got the price wrong. It is always possible that, despite our best efforts, your concierge services may be incorrectly priced. If we process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel the concierge services and refund you any sums you have paid.
   3. When you must pay and how you must pay. We utilize a third-party payment provided, Stripe, and you may pay by any of the means allowed by Stripe for Qmerit Concierge Services.  However, if you are a fleet customer, your employer or your fleet management company in may cover the cost of Qmerit Concierge Services, in which case it will not be billed to you.
   4. We pass on increases in VAT. If the rate of VAT changes between your order date and the date we supply the service, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
3. YOU have a legal right to change your mind
   1. Your legal right to change your mind. You have 14 days after the date we confirm your order of concierge services to change your mind about the purchase, but you lose the right to cancel any service, when it’s been completed (and you must pay for any services provided up to the time you cancel).
   2. How to let us know and what happens next. If you change your mind you must contact us using the contact details set out in paragraph 1.2. We provide any refund that you are entitled to receive as soon as possible and within 14 days of you telling us you've changed your mind. We will refund you by the method you used for payment. We don't charge a fee for the refund.
4. You have rights if there is something wrong with the Qmerit Concierge Services
   1. If you think there is something wrong with the Qmerit Concierge Services that we provide, you must contact us using the contact details set out in paragraph 1.2. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have options for resolving complaints or disputes with us (please see paragraph 33 for further information).
   2. Summary of your key legal rights. In relation to your order for Qmerit Concierge Services, the Consumer Rights Act 2015 says:
      1. You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill or get some money back if we can't fix it.
      2. If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.
      3. If a time hasn't been agreed upfront, it must be carried out within a reasonable time.
5. Our responsibility for DELAYS OUTSIDE OUR CONTROL
   1. We’re not responsible for delays outside our control. If our supply of your service is delayed by an event outside our control (examples of which are set out in paragraph 27.2) we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact us (using the contact details set out in paragraph 1.2) to end the contract and receive a refund for any services you have paid for in advance, but not received, less any reasonable costs we have already incurred.
   2. Examples of events outside our control. Examples of events outside our control include acts of God, flood, drought, earthquake or natural disaster; terrorist attack, war, threat or preparation for war, civil commotion or riots, imposition of sanctions; nuclear or biological contamination or disaster; collapse of buildings, fire, explosion or accident; industrial dispute; and epidemics or pandemics.
6. we can change THE QMERIT CONCIERGE SERVICE AND these terms
   1. Changes we can always make. We can always change the Qmerit Concierge Service:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to make minor technical adjustments and improvements, for example to address a security threat. These are changes that won’t have a material impact on your use of the service.
7. We can suspend supply of the Qmerit Concierge Services (and you have rights if we do so)
   1. We can suspend supply of the Qmerit Concierge Services. We do this to:
      1. deal with technical problems or make minor technical changes;
      2. update the service to reflect changes in relevant laws and regulatory requirements; or
      3. make changes to the service (see paragraph 28).
   2. Provided we let you know, we may adjust the price and may allow you to terminate. We will contact you in advance to tell you if we're suspending supply of the Qmerit Concierge Service, unless the problem is urgent or an emergency. If we suspend the service for longer than 7 days we will adjust the price so you don't pay for it while its suspended. If we suspend supply, or tell you we're going to suspend supply, for more than 7 days you can contact us (using the contact details set out in paragraph 1.2) to end the contract and we'll refund any sums you've paid in advance for services you won't receive
8. We can withdraw the QMERIT CONCIERGE SERVICEs
   1. We can stop providing a service. If we do so, we will let you know at least 7 days in advance and we will refund any sums you've paid in advance for services which won't be provided.
9. we can end our contract with you
   1. Our rights to end the contract. We can end our contract with you for the Qmerit Concierge Service and claim any compensation due to us if:
      1. you don't make any payment to us when it's due;
      2. you don't, within a reasonable time of us asking for it, provide us with the information or cooperation that we need to provide the Qmerit Concierge Service, for example, providing us with the information required to complete the home charging assessment, providing information about your home charging configuration, providing pictures of your garage or electrical panel, or providing your schedule and availability to arrange for the installation services.
10. WE DON'T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR SERVICES
    1. Our responsibility. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
       1. Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
       2. Caused by a delaying event outside our control. As long as we have taken the steps set out in paragraph 27.
       3. Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
       4. A business loss. It relates to your use of our services for the purposes of your trade, business, craft or profession.
11. COMPLAINTS
    1. Please contact us if you have a complaint. If you have any complaint about the Qmerit Concierge Services please contact us (using the contact details set out in paragraph 1.2) and our team will do their best to resolve any problems you have with us or our services.
    2. If we do not resolve your complaint, you can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
12. Other important terms that apply to our contract
    1. We can transfer our contract with you, so that a different organisation is responsible for supplying your service. We'll contact you to let you know if we plan to do this. If you're unhappy with the transfer you can contact us (using the contact details set out in paragraph 1.2) to end the contract within 14 days of us telling you about it and we will refund you any payments you've made in advance for services not provided.
    2. Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
    3. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
    4. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.