DIYfunding - Terms and Conditions
Terms and Conditions for the Supply of Services
This page (together with the documents referred to on it) provides you with the terms on which we supply any of the services described on our website diyfunding.co.uk (the "Website") to you (the "Terms"). Please read carefully and understand these terms before ordering any of the services from our site. By ordering our services, you must agree to be bound by the Terms.
You will be asked to tick the box marked "I have read and agree to the Terms and Conditions" located prior to purchasing any of the services offered on this Website. If you refuse to accept the Terms, you will not be able to order any services from our site. If you have difficulty in understanding any of the Terms or have any other queries, please contact email@example.com who will be happy to assist.
You should print a copy of the Terms for future reference.
1. INFORMATION WHICH WE ARE REQUIRED TO GIVE YOU
Diyfunding.co.uk is a site operated by Capital Finance & Funding Limited, trading as diyfunding (hereinafter "we", "us", "our"). We are registered in England and Wales under company number 3877987 and the address of our registered office is 238 Station Road, Addlestone, Surrey KT15 2PS.
We operate under Consumer Credit Licence 517149.
2.1 Our services provide you with contact information for various lending institutions within the UK. All lending institutions in relation to which contact information is provided are entirely independent of us. When you use our services, we are not providing or recommending any products, services, mortgages or loans of any of the lending institutions for whom we provide contact information. You acknowledge and agree that when you receive via the Website contact information for any lending institution, you do so on your behalf and that you have not appointed us to act as your agent.
2.2 In addition to providing contact information for various lending institutions, we will also provide, as part of our service, a pack comprising various forms, sample letters, guidelines, examples and documentation (together the "Information Pack") to assist you in making a formal application to a lending institution for whom we have provided the relevant contact information. In making an application for funding to a lending institution for whom we have provided contact information, or indeed to any lending institution for whom we have not provided contact information, you acknowledge and agree that you do so on your own behalf and that you have not appointed us to act as your agent.
2.3 In addition you also acknowledge and agree that in providing our services to you as indicated above, we are at no time advising you of the merits or suitability of any transaction in which you are involved now or may be at any point in the future. You agree that it is left to your own judgement to decide whether or not you wish to proceed with any such transaction and we strongly recommend that independent professional advice is obtained before you proceed with a formal application to any lending institution.
2.4 For the avoidance of doubt we are not involved in the actual transaction between you and the lending institution. As a result, we have no control over the quality, fitness for purpose or legality of the products, services, mortgages or loans advertised, the truthfulness, completeness or accuracy of the listings, the ability of the lending institutions to deliver the products, services, mortgages or loans or the terms and conditions of any transaction between you and the lending institution. We cannot ensure that a transaction between you and a lending institution will complete.
2.5 Please note that the contact details in the Information Pack are correct at the time of dispatch; however we make no representation that they will remain so and are under no obligation to update you in relation to any relevant changes.
3. YOUR STATUS
3.1 By placing an order through our site you warrant that:
3.1.1 you are legally capable of entering into a binding contract;
3.1.2 you are at least 18 years old; and
3.1.3 all the information that you supply is true and accurate.
3.2 If we discover that any of the above warranties are incorrect, we shall be entitled to terminate the contract between us and to pursue any legal remedies that we may have under the general law.
3.3 Our site is intended for use by people resident in the United Kingdom. Should we choose to accept orders from individuals outside the United Kingdom ("Foreign Purchasers") the Foreign Purchaser must accept that these orders are governed by English law and we specifically exclude, so far as is legally possible, any liabilities under the laws of any jurisdiction other than those of England and Wales.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted or that a contract has been made. All orders are subject to acceptance by us and your order is confirmed when we dispatch the Information Pack to you, at which point a binding contract is created between us.
5. CANCELLATION AND REFUND POLICY
5.1 In the event that you are not satisfied with the Information Pack that you have ordered, you may return it within 30 days of receipt (which will be deemed to be no later than 2 days after the date of dispatch of the Information Pack) upon which you will receive a full refund for the price that you paid for it. [In order to help us offer you the best possible service we would ask that any returned Information Pack be accompanied by a short message setting out the reasons for the return.]
5.2 Please note that the refund policy contained in 5.1 is the sole right of cancellation or refund offered by DIYfunding in respect of the services offered on this Website. By accepting these terms and conditions you agree that you have no statutory right of cancellation or refund after placing an order for services through this Website. Pursuant to the terms of the Consumer Protection (Distance Selling) Regulations 2000 this will be confirmed to you by email, when you receive your Information Pack.
6. AVAILABILITY AND DELIVERY
6.1 Your Information Pack will be dispatched within 2 business days of your Confirmation Email, unless there are exceptional circumstances. We shall not be responsible for any failure or delay in the delivery of the Information Pack occasioned as a result of your IT systems (whether hardware or software).
7. PRICE AND PAYMENT
7.1 The price of the services will be as quoted on our site at the time of your order except in cases of obvious error. The applicable price will be confirmed in your order confirmation. In the event that you return the Information Pack pursuant to 5.1, you will be entitled to a refund of the sum stated as paid on your order confirmation. This will be unaffected by any subsequent changes to the pricing of our products and/or services.
7.2 Payment for all services must be by credit or debit card. We accept payment with all major credit and debit cards. When you purchase a service, you will be directed to the website of Barclays Merchant Services which will provide you with a list of the credit and debit cards that we accept.
7.4 We also confirm that you are responsible for your own legal expenses and disbursements and all costs, fees, expenses and disbursements (such as valuation costs, legal expenses, bank arrangement fees) in relation to a product, service, mortgage or loan being offered or provided by a lending institution that you have approached via the Website.
8. NO WARRANTIES
Without limiting the foregoing, we do not make any warranty that (i) the services offered on the Website will meet your requirements, (ii) the services offered on the Website will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the content or information available on the Website is complete, accurate or available, or (v) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations. No advice or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly made herein. This does not affect your statutory rights.
9. OUR LIABILITY
9.1 We accept no liability for any products, services, mortgages or loans offered or provided by a lending institution you have approached via the Website or offered by any other third party. You should satisfy yourself that you wish to purchase or proceed with those products, services, mortgages or loans being offered or provided before contracting with any third party. The third party providers will be supplying products, services, mortgages or loans on their own standard terms and conditions and you should check that you agree to those terms and conditions before you decide to proceed or to make an application for a product, service, mortgage or loan from a third party.
9.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the services that you have purchased.
9.3 This does not include or limit in any way our liability:
9.3.1 for death or personal injury caused by our negligence;
9.3.2 under section 2(3) of the Consumer Protection Act 1987;
9.3.3 for fraud or fraudulent misrepresentation; or
9.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
10.1 You shall indemnify, defend and hold us and our affiliates, employees, agents, successors, officers, and assigns harmless from any suits, losses, claims, demands, liabilities, costs and expenses (including legal and accounting fees) that they may sustain or incur arising from (i) your use of the software available at the Website, (ii) your failure to comply with any applicable laws and regulations or to obtain any licences or approvals from the appropriate government agencies necessary to purchase or sell the subject services, (iii) your use of the content available on the Website in any way contrary to this agreement (iv) your breach of any of your representations, warranties or obligations set forth in this agreement, (v) the sale or purchase or purported sale or purchase, of services by you, or any loss suffered by or harm to any person or property in any way relating to or caused in whole or in part by the services sold or purchased by you (including to the extent permissible by law, without limitation, any personal injuries or death of any third person caused in whole or in part by such services), (vi) any taxes attributable to the services or due on the purchase or sale of the services, (vii) any dispute between you and a third party arising out of a transaction initiated on the Website, (viii) alleged errors or omissions or misrepresentations in the information provided by you to us hereunder or in the listings of services on the Website. You agree not to settle any action, claim or demand on our behalf without our prior written consent.
10.2 Please also be aware that the products, services, mortgages or loans offered or provided by a lending institution you have approached via the Website may be subject to varying country and professional organisations laws, rules and regulations. You and the lending institution must ensure that any product, service, mortgage or loan being considered complies with all laws, rules and regulations and we can accept no responsibility whatsoever in the event that any product, service, mortgage or loan entered into or applied for by you does not meet those laws, rules or regulations.
10.3 You must accept full responsibility for the provision of information to a lending institution you have approached via the Website and also accept full responsibility that the information you provide is true and accurate to the best of your knowledge. We will accept no responsibility whatsoever for the provision by you of false, inaccurate or misleading information to a lending institution you have approached via the Website.
10.4 You must accept full responsibility for determining the legality and/or ethical character of any and all transactions entered into with a lending institution you have approached via the Website whether or not those transactions are suggested, either directly or indirectly by the Website.
10.5 While all attempts have been made to verify information provided on the Website, we do not assume any responsibility for errors, omissions, or contrary interpretation of the subject matter given on the Website.
11. WRITTEN COMMUNICATIONS AND NOTICES
11.1 We will mainly communicate with each other electronically, such as by email. Applicable laws may require that some of the information or communications we send to you should be in writing, for which purpose we both agree that electronic communications will suffice. This paragraph does not affect your statutory rights.
11.2 All notices given by one of us to the other must be given in writing and delivered by hand, post, fax or email. Notices to us should be given in accordance with the details in paragraph 1.1 above. Notices to you may be given to the email address or the address provided when you placed your order.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 You may not transfer, assign, charge or otherwise dispose of any contract between ourselves (the "Contract"), or any of your rights or obligations arising under it, without our prior written consent.
12.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract, provided that any such action does not affect the quality of the Products or the service which you would have received from us.
13. EVENTS OUTSIDE OUR CONTROL
13.1 Neither of us shall be liable to the other for any delay or non performance of our respective obligations under the Agreement to the extent that performance is interrupted or prevented by any act or omission beyond our reasonable control. This paragraph does not affect your statutory rights and in particular our obligation to perform the Contract.
13.2 Such delay or non-performance will not be a breach of the Contract and the time for performance will be extended by the period during which performance is prevented. If such delay or failure persists for ninety (90) days or more, the Party not affected may, at its option and if in its opinion it is reasonable for it to do so, terminate the Agreement by giving 14 days written notice of such termination to the other Party.
If either party does not insist upon strict performance of any of the other's obligations under the Contract or any of these terms, or if either of us does not exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the other of us from compliance.
15. OUR RIGHT TO VARY THESE TERMS
15.1 We have the right to revise and amend these terms from time to time.
15.2 You will be subject to the policies and terms in force at the time that you order the services from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms, unless you notify us to the contrary within seven working days of receipt by you of the services).
16. LAW AND JURISDICTION
Contracts for the purchase of services through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
General Terms and Conditions
In these terms and conditions, "we" and "us" mean DIYfunding and diyfunding.co.uk which are trading names of Capital Finance & Funding Limited (company number 3877987) whose registered address is 238 Station Road, Addlestone, Surrey, KT15 2PS.
DIYfunding operates under Consumer Credit Licence number 517149.
2. ACCESS TO THE WEBSITE AND CONTENT
We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time.
We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the Website from time to time.
We assume no responsibility for the content or services of any other websites to or from which the Website has links.
You warrant that it is legal for you to view this site in the jurisdiction to which you are subject. You are responsible for compliance with all laws in that jurisdiction.
3. INTELLECTUAL PROPERTY
All information and material including data, images, text and audio on the Website is the property of DIYfunding and/or its licensors and is subject to copyright. All trade marks on the Website are the property of DIYfunding and/or its licensors. You are entitled to view, copy and print any documents from the Website but only for your own internal purposes. Except with our prior written consent, any sale, transmission or redistribution of the Website or its content, and any copying, modification or other use of the Website or its contents for any purposes other than your own internal purposes, are strictly prohibited.
4. PROVISIONS OF DATA
5. NO LAWFUL OR PROHIBITED USE
You undertake to Capital Finance & Funding Limited and DIYfunding, as the case may be, that you will not use the Website for any purpose or in any way that is prohibited by these terms or is otherwise unlawful.
You agree to indemnify Capital Finance & Funding, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.
6. EXCLUSIONS OF LIABILITY
We use reasonable endeavours to ensure that the data on the Website and also all information provided is accurate and to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Website or the information provided will be fault free and we do not accept liability for any errors or omissions.
We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
Due to the nature of electronic transmission of data over the internet, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law.
7. LIMITED LIABILITY
Capital Finance & Funding Limited and its shareholders, affiliates, officers and employees shall not be liable for any damages whatsoever, including but not limited to damages for loss of business, loss of use or of data, interruption of business, lost profits or goodwill, or indirect, special, incidental, exemplary or consequential damages of any kind arising out of the use or performance of the Website, even if they have been advised of the possibility of such loss and whether or not they had any knowledge, actual or constructive, that such damages might be incurred. This exclusion includes, without limitation, any liability that may arise out of third-party claims against you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the services provided on the Website or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Nothing in this agreement excludes a party's liability for death or personal injury caused by negligence.
8. SOFTWARE AND VIRUS PROTECTION
All software used on the Website is the property of DIYfunding or its software suppliers. DIYfunding hereby grants you a non-exclusive, royalty-free, non-transferable, revocable license to use software it owns solely for the purposes of this agreement. Other than to the extent permitted by law, you may not decompile, reverse engineer or otherwise translate such software.
Whilst certain precautions have been taken to detect computer viruses and ensure security, DIYfunding cannot guarantee that the Website is virus free and secure.
DIYfunding shall not be liable for any loss or damage which occurs as a breach of security.
DIYfunding does not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.
You further acknowledge and agree that DIYfunding shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through any third party site linked to this Website. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
The inclusion of Links to third party Websites does not imply any endorsement of the material on them or any association with their operators.
You agree that DIYfunding may, at its sole discretion, deny you access to the Website for any reason, including, without limitation, if DIYfunding believes in its sole discretion that you have violated or acted inconsistently with the letter or spirit of this agreement. DIYfunding reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this Site (or any part thereof) with or without notice. You agree that DIYfunding shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services offered under this Site. Notwithstanding termination of this agreement, all disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.
You acknowledge that DIYfunding or its designees reserve the right to, and may from time to time, monitor any and all activity or information transmitted or received through the Website. DIYfunding, in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any information which DIYfunding in its sole discretion deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorised purposes. Use of the Website, authorised or unauthorised, constitutes consent to such monitoring.
If you access this Website from territories outside of England and Wales you agree that you do so entirely at your own risk. You are solely responsible for ensuring that the data exported from this Website complies with the local laws of the country in which you access the data, and we shall accept no liability whatsoever for any breaches thereof.
If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.
Any waiver of any right or provision of this agreement will be effective only if signed by DIYfunding and the failure of DIYfunding to exercise or enforce any term or condition shall not constitute a waiver of such right or provision.
DIYfunding may modify or make changes to the Website and/or these terms and conditions at any time. Your continued use of the Website signifies your acceptance of such modifications.
Except as set out below in this clause, neither party may assign or transfer any of its rights under these terms and conditions without the prior written consent of the other.
We may assign or transfer our rights under this agreement pursuant to a re-organisation of trade or in the event that there is a share sale or that our business assets are ever sold to or purchased by another company.
The rights and limitations in this agreement are for the benefit of DIYfunding and a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this agreement shall remain in full force and effect.
DIYfunding reserves the right to refuse to list or to discontinue the listing of any products or services as it may choose in its sole discretion and without notice. Without limiting the generality of its right to exclude or discontinue the listing of products or services, DIYfunding may, in its sole discretion, exclude products or services from the Site if they are believed not to meet applicable industry standards or if DIYfunding receives complaints from users of the Website regarding listed services.
You are not permitted to assign any of your rights under this agreement without the prior written consent of DIYfunding.
You may not issue press release or make any public statement regarding your use or participation in the Website without the prior written permission of DIYfunding.
You and DIYfunding are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and DIYfunding is intended or created by this agreement.
13. COPYRIGHT AND TRADE MARK NOTICES
All contents of this Website are Copyright 2007 Capital Finance and Funding Limited.
14. GOVERNING LAW
These terms and conditions are governed by and construed in accordance with English law. Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which each party submits.