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5
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Limits to our liability
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| 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.
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| 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material or data may be inaccurate, incomplete or out of
date.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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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6
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Exclusion of our liability in respect of third
party advice, assistance, websites and products or
services
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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7
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Your responsibilities
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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|
8
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Your telephone calls
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| 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.
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|
9
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Complaints
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| 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
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| 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.
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| 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.
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|
10
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Payment
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| 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.
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| 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.
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| 10.3 |
Payment for other products or services
should be made on the relevant third party website when
applying for the product or service.
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|
11
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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.
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| 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.
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|
12
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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.
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| 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.
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| 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).
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| 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.
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|
13
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Governing law
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| 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.
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| 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).
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