5 | Limits to our liability |
| 5.1 | Nothing in these Terms of Use excludes or limits our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation. |
| 5.2 | Whilst we use reasonable endeavours to ensure that information on this Website is accurate and up to date and to correct errors as soon as we are able to after becoming aware of them, we do not check, monitor, review, verify or endorse, and we are not responsible or liable for any loss or damage you may suffer or incur in connection with, any information, content, material or data collected from or provided by third parties which is displayed on or is otherwise available from this Website or any third party websites. Such information, content, material or data may be inaccurate, incomplete or out of date. It is your responsibility to check that such information, content, material or data is accurate, complete, correct and up to date. |
| 5.3 | Any views, opinions, advice, reviews, ratings or comments on this Website or any third party websites which are made by third parties (including User Content as described in paragraph 4.5) do not represent our views, opinions or advice, should not be relied upon by you and are not checked, monitored, reviewed, verified or endorsed by us. We are not responsible or liable for any loss or damage you may suffer or incur in connection with such views, opinions, advice, reviews, ratings or comments including in relation to their accuracy, truthfulness or completeness. |
| 5.4 | We do not give any warranty or guarantee that this Website, any third party website or any information, content, material or data on this Website or any third party website is free from viruses, spyware, malicious software, trojans, worms, logic bombs or anything else which may have a contaminating, harmful or destructive effect on any technology. You must ensure that you use appropriate virus checking software. We are not responsible or liable for any loss or damage you may suffer or incur in this regard where caused by any third party. |
| 5.5 | We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of this Website which is caused by any event beyond our reasonable control including the electronic transmission of information, content, material and data over the internet and the interception or decryption of it by others. |
| 5.6 | We are not responsible or liable for any indirect loss or damage you may suffer or incur in connection with your use of this Website (including any loss of savings you expect to make, loss of business or business opportunity, or loss of profit or revenue) or for any loss or damage you may suffer or incur in connection with your use of this Website which was not foreseeable by us when you used this Website. |
| 5.7 | We are not responsible or liable for any loss or damage you may suffer or incur in connection with any inability to access and use this Website for any reason. |
6 | Exclusion of our liability in respect of third party advice, assistance, websites and products or services |
| 6.1 | You can apply for a number of products and services via this Website. These products and services are not provided by us but are instead provided by third parties over whom we do not have control. It is your responsibility to satisfy yourself that you wish to obtain any product or service before doing so. We are not responsible or liable for any loss or damage you may suffer or incur in connection with any product or service you obtain after using this Website or for any acts, omissions, errors or defaults of any third party in connection with that product or service. |
| 6.2 | Please be aware that the information and descriptions of products and services on this Website may not represent the complete descriptions of all the features and terms and conditions of those products and services. You must ensure that you carefully read all the features and terms and conditions of any product or service before applying for it. |
| 6.3 | If you apply for and obtain any product or service, you will be contracting with a third party who will be providing that product or service to you on their own terms and conditions. It is your responsibility to ensure that you understand and agree with those terms and conditions before entering into a contract to obtain that product or service. We are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions applying to any contract entered into by you with any third party in relation to any product or service or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions. |
| 6.4 | We provide links from this Website and from emails sent to you as part of our service to the websites of third parties. These websites are owned and operated by third parties over whom we do not have control. You access and use these third party websites at your sole risk and your sole discretion. You are solely responsible for any use of these third party websites and for any decision to obtain or refrain from obtaining any of the products or services available on such third party websites. Any links to third party websites are provided for your interest and convenience only. We do not endorse, recommend or take responsibility for such third parties, their products or services or their websites. We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third party websites or for any acts, omissions, errors or defaults of any third party in connection with their website. |
| 6.5 | Your use of any third party website will be governed by the terms and conditions of use and privacy policy applicable to that website. Such terms and conditions of use and privacy policy will be different from these Terms of Use and our Privacy Policy. It is your responsibility to ensure that you understand and agree with the terms and conditions of use and privacy policy of any third party website before using that website. We are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions of use or the privacy policy applying to any third party website or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions of use and/or privacy policy. |
| 6.6 | Any views, opinions, advice or assistance which is given or provided to you by a third party after you have used this Website do not represent our views, opinions, advice or assistance and are not checked, monitored, reviewed, verified or endorsed by us. We do not endorse, recommend or take responsibility for any third party who provides you with any views, opinions, advice or assistance. You act or refrain from acting on any third party’s views, opinions, advice or assistance at your sole risk and your sole discretion and you are solely responsible for any decision to act or refrain from acting on such views, opinions, advice or assistance. We are not responsible or liable for any loss or damage you may suffer or incur in connection with such views, opinions, advice or assistance including in relation to their accuracy, truthfulness or completeness or for any acts, omissions, errors or defaults of any third party in connection with such views, opinions, advice or assistance. |
7 | Your responsibilities |
| 7.1 | You must take all reasonable precautions (including using appropriate virus checking software) to ensure that any information, content, material or data you provide (including User Content as described in paragraph 4.5) is free from viruses, spyware, malicious software, trojans, worms, logic bombs and anything else which may have a contaminating, harmful or destructive effect on any part of this Website or the websites of third parties or any other technology. |
| 7.2 | You may complete a registration process as part of your use of this Website which may include the creation of a username, password and/or other identification information. Any username, password and/or other identification information must be kept confidential by you and must not be disclosed to, or shared with, anyone. Where you do disclose to or share with anyone your username, password and/or other identification information, you are solely responsible for all activities undertaken on this Website using your username, password and/or other identification information. |
| 7.3 | You must check and ensure that all information, content, material or data you provide on this Website is correct, complete, accurate and not misleading and that you disclose all relevant facts. We do not accept any responsibility or liability for any loss or damage you may suffer or incur if any information, content, material or data you provide on this Website is not correct, complete and accurate or if it is misleading or if you fail to disclose all relevant facts. |
| 7.4 | Before you obtain any product or service from a third party, you must check all of the information, content, material or data held by the third party about you to ensure it is correct, complete, accurate and not misleading and that you have disclosed all relevant facts. It is your responsibility to identify and correct any mistakes or errors in the information, content, material or data held by the third party about you before you obtain any product or service. Failure to do so could invalidate the product or service provided by the third party. We do not accept any responsibility or liability for any loss or damage you may suffer or incur if any information, content, material or data held by the third party about you is not correct, complete and accurate or if it is misleading or if you have failed to disclose all relevant facts. |
| 7.5 | You must get permission from any other person about whom you propose to provide information before you provide it. In submitting any other person’s details, you are confirming to us that you have their permission to do so and that they understand how their details will be used. |
| 7.6 | You are solely responsible and liable for your conduct on this Website and for your User Content. You must ensure that: - You own your User Content or otherwise have the right to grant the licence set out in paragraph 4.5.
- Your User Content does not violate or infringe any privacy rights, intellectual property rights (such as copyright, database rights and trade marks) or other rights of any third party (including any right of confidentiality).
- Your User Content does not violate or infringe any law.
- Your User Content is true, complete, accurate and not misleading where it relates to facts, or is genuinely held where it relates to an opinion.
- Your User Content is not harmful, fraudulent, threatening, defamatory, embarrassing, distressing, infringing, abusive, inflammatory, intimidating, harassing, libellous, stalking, profane, obscene, indecent, inappropriate, hateful, discriminatory or racially, ethnically, sexually or otherwise objectionable.
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| 7.7 | You agree that you will be liable to us for any damage, loss, claim, demand, liability or expense (including reasonable legal fees) that we may suffer or incur arising out of or in connection with your conduct on this Website and/or your User Content. |
| 7.8 | It is very important before you apply for any product or service that you carefully read the terms and conditions of the product or service, the product or service provider’s terms and conditions and any other documentation that applies to the product or service. You must familiarise yourself with all the details of the product or service including any restrictions, exclusions, conditions and obligations which apply to the product or service. It is your responsibility to ensure that the product or service matches your requirements and that you agree to the terms and conditions of the product or service before you apply for it. We accept no responsibility or liability whatsoever for any loss or damage you may suffer or incur in the event that any product or service you apply for does not meet your requirements or is not suitable for you. |
8 | Your telephone calls |
| 8.1 | Telephone calls that you make to our customer services help line (where we offer one) may be monitored and/or recorded. This will help us to train our staff and improve our service to you. A recording will only be used under proper and careful supervision. |
9 | Complaints |
| 9.1 | Our aim is at all times to provide you with an excellent service. If you are unhappy with our service for any reason, please contact our Customer Services Team by writing to Customer Services Team, Financial Services Net, c/o Moneysupermarket House, St. David's Park, Ewloe, Flintshire, CH5 3UZ, by telephone on 0844 811 3574 or by email to support@financialservices.co.uk |
| 9.2 | We will aim to resolve your complaint within 48 hours. If we are not able to do so, we will provide you with an acknowledgement. After we have had an opportunity to investigate your concerns, we will issue you with a final response. Depending on the nature of your complaint and if you remain dissatisfied with our response, you may have the right to refer your case to the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London, E14 9SR; telephone: 0845 080 1800; email: enquiries@financial-ombudsman.org.uk; website www.financial-ombudsman.org.uk. We will advise you if this right of referral applies to you. |
| 9.3 | If you are unhappy with any product you have obtained from a third party or have any complaint regarding any third party, you should address your complaint directly to that third party. |
10 | Payment |
| 10.1 | You agree to pay any fees and/or other charges incurred by you in accordance with any payment provisions set out on this Website from time to time. |
| 10.2 | Full payment for products or services where required on this Website should be made at the time of application for the product or service and in the secure area of this Website. Payment methods other than those stated on this Website will not be accepted. We may pass your card details and personal details, as necessary, to the relevant third party, who may take payment for the product or service in accordance with its terms and conditions. We reserve the right to charge you any handling fees that we or the relevant third party may incur in respect of your application. You will be informed of any such charges before they are incurred. |
| 10.3 | Payment for other products or services should be made on the relevant third party website when applying for the product or service. |
11 | Privacy |
| 11.1 | We are committed to protecting your privacy and we treat your privacy very seriously. We process information about you in line with our Privacy Policy. By using this Website, you agree to the way in which we process and deal with your personal information. |
| 11.2 | We may disclose your personal information or access your account if required to do so by law, any court, the Financial Services Authority, the Office of Fair Trading or any other applicable regulatory, compliance, Governmental or law enforcement agency. |
12 | Miscellaneous |
| 12.1 | This Website is only intended for use by residents of the United Kingdom. We make no warranty or representation that any product or service referred to on this Website and/or any service we provide is available or otherwise appropriate for use outside of the United Kingdom. If you choose to use this Website from locations outside the United Kingdom, you do so at your sole risk and you are responsible for compliance with all applicable local laws. |
| 12.2 | If any provision of these Terms of Use is held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these Terms of Use and the validity and enforceability of the remaining provisions of these Terms of Use shall not be affected. |
| 12.3 | These Terms of Use constitute the entire agreement between you and us relating to your access to and use of this Website and supercedes any prior agreements (including any previous terms of use of this Website). |
| 12.4 | No failure or delay by us in exercising any right under these Terms of Use will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right. |
13 | Governing law |
| 13.1 | These Terms of Use and your access to and use of this Website shall be governed by and interpreted in accordance with English law. |
| 13.2 | Each of you and us submits to the exclusive jurisdiction of the courts of England and Wales in connection with these Terms of Use and your access to and use of this Website (including any claims or disputes). |
