Our terms of business

Updated: 15/05/2018

We love clarity. It’s the reason we do things differently. By basing your premium on the miles you drive, we make sure you can see exactly what you’re getting for your money. So in keeping with this spirit of openness, we’ve laid out our terms of business below. These terms give you a detailed run-down of the services we provide and how we provide them.

§1 Why read this?

You should read this document carefully because it sets out the legal contract between you and us, and our responsibilities towards each other. You should also read our Privacy and Cookie policies which explain how By Miles looks after your data and how we treat cookies. For details about your insurance policy you should refer to your separate policy documentation.

§2 Who are ‘we’?

In this document the words “we”, “us”, “our” and “By Miles” all refer to By Miles Ltd. We are a company registered in England and Wales under company number 09498559 and our registered office is at Oriel House, 2-8 Oriel Road, Bootle, L20 7EP. “You” refers to the individual asking us to work on your behalf under these terms of business.

§3 Who regulates us?

By Miles Ltd is an insurance intermediary, authorised and regulated by the Financial Conduct Authority (FCA). The FCA permits us to carry out the following activities: introducing, advising, arranging, dealing as agent in relation to, and assisting in the administration, of non-investment insurance contracts.

If you want to find out more about the FCA and their work, you can call them on 0800 111 6768. If you want to see the Financial Services Register for yourself, just visit https://register.fca.org.uk. You’ll find us in the register under number 773046.

As you’d expect, everything we do, including these Terms of Business, is also subject to English Law and the jurisdiction of the English Courts.

§4 Contact details

You can contact us:

by post: By Miles Customer Relations, The Shepherds Building, Charecroft Way, London, W14 0EH
by email:
by telephone: 0330 088 3838

As we try to be as paperless as possible, we will communicate with you using the email address you give us in your application form, so it’s important that you keep this accurate and up-to-date. If you wish to change the email address that we use to communicate with you, please contact us.

If you’d like to receive any of the information we provide to you on paper, please let us know.

§5 Our service

We want to provide cover that suits your needs as closely as possible. We’ll ask questions about you and the insurance you are looking for. We will provide you with information about a range of products, from a limited range of insurers, based on the answers you give. It’s down to you to decide which product works best for you, as we do not offer advice or make personal recommendations.

First and foremost, we work for our customers. In some circumstances, where it does not conflict with your best interests and is fair to you, we may work for your insurer (for example, collecting and handing over premiums to insurers and making claim payments to customers). By Miles does not hold direct or indirect voting rights or capital in any other insurance business (nor are we part or wholly owned by any other insurance business).

We set high standards for ourselves, so naturally we’re only interested in working with companies that do the same. As a result, we regularly check up on the financial strength of our partners using ratings from independent agencies such as Standard & Poor's and A M Best. This helps us to ensure that all of our business partners live up to the high standards we set for ourselves. However, while we only ever work with regulated insurance companies, we cannot guarantee an insurer’s ability to pay claims.

§6 Arranging your cover

Car insurance

During the application process we ask questions about the kind of cover you’re looking for and we put together a quote based on what you have told us you need. It’s important that you give us information truthfully and accurately to allow us to do this, or your policy might not be valid. As noted above, quotes we put together are intended to help you narrow down your options but it is always up to you whether you go ahead with a particular quote.

Breakdown cover

During your quotation process we pass information about your needs to third parties who may then quote for breakdown cover. You are free to use any breakdown service you wish, but if you do decide to accept breakdown cover offered, it will be a separate insurance product from your By Miles insurance. Breakdown policies may vary in exactly what they cover (certain kinds of vehicles or usage might be excluded) but generally they offer protection against the cost of an unexpected breakdown. Note that not all breakdown cover is written as an insurance contract or a regulated insurance contract.

§7 Money

We receive commission from insurers when we arrange your cover, which is included in the premium. In addition, we charge you a small fee that covers the associated benefits such as the mobile app, web dashboard and their features, the Miles Tracker mobile data and any changes to your policy that we administer. Your quote will include details of our fees and the total premium you will pay.

We take payment from you monthly, so it’s important you keep your card details up-to-date with us to avoid a payment failing.

We act as an agent of your insurer in collecting premiums and handling refunds. We never hold your money, we always hold it on your insurer’s behalf.

If you don’t pay any money you owe as part of your insurance, we may use a debt collection agency. If that happens you’ll have to pay an extra fee to cover the cost. We prefer to avoid situations like this (and we’re sure you do too), so it’s very important you make sure you have enough money set aside to cover the cost of your insurance, and that your payment details are always up-to-date.

§8 The Miles Tracker

As part of our service we will provide to you the Miles Tracker telematics device which you can use in accordance with these terms of business.

We will charge a refundable security deposit when we provide a Miles Tracker – the amount of the deposit will be in your quote.

During your insurance, the Miles Tracker will remain our property and you must keep it safe and you must not try to modify, tamper with it, attempt to access the software on it, or hire, lend, sell or give it to any other person. If you do so, we may cancel your insurance. Remember that your policy excess will increase if you have an incident while the Miles Tracker is not plugged in (as set out in your schedule).

If you experience any issues with a Miles Tracker, please let us know as soon as possible. Please note that unless we have been notified of an issue, and have had a chance to investigate it, we will not be responsible or liable in any way for any defects in a Miles Tracker or any issues you experience, which may be caused by the use of (or inability to use) a Miles Tracker.

We do not make any representation or warranty about a Miles Tracker’s description, condition, performance, quality or suitability for any purpose. To the full extent allowed by law, all such representations and warranties are excluded. That said, nothing in these terms of business excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded or limited.

By Miles is responsible for the functionality, performance and technical support of the Miles Tracker. You are responsible for the safe and careful installation and removal of the Miles Tracker. Your insurer is not responsible for any aspects of the Miles Tracker.

When your insurance policy has ended you can either:

  1. Return the Miles Tracker to us (in the prepaid envelope we will provide to you) and we will refund your deposit by electronic transfer to the account from which you paid your last insurance premium.

Or, if you prefer:

  1. Keep the Miles Tracker (we’ll simply take your deposit as payment and confirm to you that you now own the Miles Tracker). It’s worth pointing out that you will no longer have access to our service, including our app and web dashboard, so it won’t be much use to you – but it might prove to be a good paperweight or helpful when straightening up the legs of wobbly tables.

If you do not return the Miles Tracker within 28 days of the end of your By Miles insurance policy, you agree that we can take this as your instruction that you wish to purchase the Miles Tracker. We will confirm this to you by email.

§9 Making changes to your policy

If you want to make a change to your policy, just and let us know. Your fixed premium will be adjusted on a pro-rata basis and your per-mile rate may also change.

Once the changes have been made, a new Certificate and Schedule will be available on our web dashboard and in the By Miles app.

We don’t charge a fee for making changes to your policy and we allow a maximum of three changes to your policy in any period of insurance.

§10 Cancellation

If you no longer want to be a customer, we’ll be sad to see you go, but will always endeavour to make the leaving process as straightforward and simple as possible.

Whatever time you cancel your policy, we will refund our fees pro-rata for the time that you’ve had insurance.

Your Policy Handbook will set out how you’ll be charged for insurance that you’ve used.

Refunds will be made within 21 days using the same means of payment as you used for the initial transaction.

Once you’ve returned the Miles Tracker in good, fully working condition (see the Miles Tracker section above), we’ll refund your Miles Tracker deposit.

Though we’re not keen on doing it, we do reserve the right to cancel your policy ourselves. In addition to the reasons given in your Policy Handbook, we might do this if the Miles Tracker is not compatible with your car or does not work reliably in your car. We may also cancel your policy if you breach any part of these terms of business.

If you are a business, we may also terminate your contract for services with us immediately if you are subject to an “insolvency event”. This means an event where you are unable to pay your debts (within the meaning of section 123 of the Insolvency Act 1986) or become insolvent. It also applies if an order is made or a resolution passed for your administration, winding-up or dissolution (if this happens for any reason other than for the purposes of a solvent amalgamation or reconstruction) or an administrative or other receiver, manager, liquidator, administrator, trustee or similar officer is appointed over all or any substantial part of your assets. It will also apply to you if you enter into or propose any composition or arrangement with your creditors generally. This will also be applicable if any similar or comparable event to any of the above scenarios we’ve described occurs in any applicable jurisdiction.

Whatever the reason, we will give at least seven days’ notice before ending the policy. Unless we agree with you otherwise, your right to use the Miles Tracker will cease at the end of this period.

§11 Your responsibilities

To provide you with the right cover, we need the right information. You must make sure that all the details you’ve provided us with are correct – and let us know if they change. If you don’t, you could invalidate your cover. This also applies if you’ve agreed to any assumptions during the process of getting an insurance quote and purchasing it from us.

It’s also important you understand the limits, exclusions and other terms that apply to your policy – so please read all the documents we give you. If you don’t, you run the risk of unknowingly doing something that voids your policy. If that happens, your insurer may not pay your claim.

It’s your responsibility to ensure the Miles Tracker fits safely and snugly into your OBD-II socket and is installed in the right car. You can contact us if you need help with this.

§12 Our responsibilities

You have certain rights under consumer protection laws. For example, under the Consumer Rights Act 2015 we must provide services to you with reasonable care and skill, and under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have certain cancellation rights which you can exercise within (usually) 14 days of the start of a contract. We must provide you with services that comply with your legal rights.

That said, certain matters that may affect our services are out of our control. For example, your use of the Miles Tracker depends on the reliability of telecommunications networks (including the Internet) and we cannot guarantee that a connection will always be available. Also, we supply our services to many people so we aren’t able to tailor them to meet every individual customer’s needs, or test them in every operating environment, so certain features may not exactly match your requirements or operate 100% effectively at all times. Although we of course do our best to provide a consistent and effective service, we are not able to guarantee that our services will be 100% available and error free. As a result, it is important for you to check that our services are suitable to meet your needs.

§13 Confidentiality and data protection

We care a lot about keeping your data secure and confidential. We’ve created a separate Privacy Policy that outlines this in more detail – please give it a read.

§14 Credit checks

To arrange your insurance, we or our partners may need to perform a credit search on you in order to check your identity and assess your credit score. This will usually include a ‘soft’ check, which doesn’t affect your credit rating and can’t be seen by lenders.

If you have any questions about this, please .

§15 Claims

Claiming isn’t complicated, but it’s a good idea to read your policy documents and make sure you know what’s involved. For example, certain kinds of claims may require a crime reference number. And in most cases, you’ll need to inform us of an accident as soon as possible.

§16 Conflicts of interest

If for any reason our work for you causes a conflict of interest with another party we’re associated with, we’ll write to let you know. We’ll explain the nature of the conflict, set out a plan to ensure it doesn’t affect our work, and won’t proceed unless you’re happy.

§17 Treating you fairly

We designed By Miles to provide a fairer deal for lower mileage drivers. So fairness is a pretty big deal for us. If you don’t feel fairly treated, we’re not doing our job properly. If you feel your needs aren’t being met, or if you’ve got some ideas on how we could do better, please let us know.

§18 Free Miles

During your policy you may collect credit for Free Miles. You can earn credit for Free Miles through special offers or by referring a friend to By Miles. Details of how to claim your credit for Free Miles will be made available at certain times on our web dashboard or on the By Miles app.

Credit will be added to your Free Miles Account. You can see how much Free Miles credit you have in your Free Miles Account by logging onto our website or viewing them on the app.

Free Miles credit will be applied to reduce the number of miles of driving insurance you pay for in the current month in which you earn the credit.

Free Miles credit is a bonus! By Miles is under no obligation to award Free Miles credit for any reason outside of special offers and qualifying referrals set out on our website. The award of Free Miles credit may change and will vary depending on the special offers available at any time.

When your policy ends or if you make any amendments to the policy, any unused Free Miles credit will expire.

§19 Compensation

We are covered by the Financial Services Compensation Scheme (FSCS). In the unlikely event that we aren’t able to fulfil our obligations to you, they may be able to provide compensation. Further information about compensation scheme arrangements is available from www.fscs.org.uk.

§20 If you have a complaint

We’ll always aim to resolve it as quickly as possible. With that in mind, the fastest way to reach us is by emailing .

If you prefer post, the address to use is: By Miles Customer Relations, The Shepherds Building, Charecroft Way, London, W14 0EH.

If you are not satisfied with the way we deal with your complaint, contacting the Financial Ombudsman Service (FOS) could be a good next step. You can find out more about the FOS and the situations in which they can help you at www.financial-ombudsman.org.uk.
Email address: complaint.info@financial-ombudsman.org.uk.
Postal address: Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR.

§21 Some final points

If any part (‘provision’) of these terms of business is found to be unlawful, invalid or unenforceable, that provision will be considered separated from the rest of these terms (‘deemed severed’) and the validity and enforceability of the remaining provisions of these terms of business will not be affected.

We reserve the right to change or amend these terms of business at any time by publishing the modified terms of business on this website. Any changes will take effect immediately from the date they’re published on the website.

If you break the conditions of these terms of business and we don’t take action against you straight away, we’re still entitled to enforce our rights, whether that’s in relation to that breach or any subsequent breach.

You should make sure you’ve read this documentation and information carefully before you apply for an online quotation or online cover, and make sure that you understand it.

Unless expressly agreed in writing by us, no one other than a party to these terms of business (that means nobody other than us or you) has any right to enforce any of these terms of business.

Any of these terms of business which state they’ll continue after the end of your policy or our contract with you, or are intended to do so, will do so.

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