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Equity Release Supermarket – Terms of Service

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SITE

About our Terms

These terms of service (together with the documents referred to in them) (Terms) govern your terms of use on which basis you may access and make use of our website, equityreleasesupermarket.com and all associated web pages (the Site), which is provided free of charge.

If you purchase equity release advisory services from us (Advisory Services), the provision of such Advisory Services will be subject to the terms of the Client Agreement that we enter into with you.

You should read these Terms carefully before using the Site.

By accessing, browsing, using or registering to use the Site, you confirm that you accept these Terms and the documents referred to in them and agree to be bound by them. These Terms refer to the following additional terms, which also apply to your use of our Site: (i) our Acceptable Use Policy; (ii) Privacy Policy; (iii) Cookie Policy; and (iv) our Copyright Policy.

If you do not agree with or accept any of these Terms, you should stop using the Site.

We recommend that you print a copy of these terms for future reference.

Definitions

Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site (including any content that you submit via an online equity release calculator or comparison tool on the Site);

Terms means these terms and conditions of use and any documents referred to in them, as updated from time to time under clause 12;

Acceptable Use Policy means the policy www.equityreleasesupermarket.com/acceptable-use-policy, which governs your permitted use of the Site;

Cookie Policy means the policy www.equityreleasesupermarket.com/cookies-policy, which governs how we use cookies on the Site;

Copyright Policy means the policy www.equityreleasesupermarket.com/copyright-policy, which governs how we use copyright materials on the Site;

Privacy Policy Privacy Policy means the policy www.equityreleasesupermarket.com/privacy-policy, which governs how we process any personal data collected from you or that you provide to us;

Site has the meaning given to it in clause 1.1;

Who we are and how to contact us

www.equityreleasesupermarket.com is a site operated by Equity Release Supermarket Limited (we, us or our). We are registered in England and Wales under company number 06553466, and have our registered office at Genesis Centre Science Park South, Birchwood, Warrington, WA3 7BH. We are a limited company.

We are regulated by the Financial Conduct Authority.

To contact us, please email [email protected] or telephone 01925 830816. We may record calls for quality and training purposes.

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 in October 2018.

We may make changes to our Site

We may update and change our Site from time to time to reflect changes to our products/services, our users' needs and our business priorities.

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. Where possible, 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 and other applicable terms, and that they comply with them.

Our Site is only for users in the UK and who are over 18 years old

Our Site is directed to people residing in the United Kingdom and who are aged over 18. We do not represent that content available on or through our Site is appropriate for use or available in other locations.

You must keep your account details safe

If you choose, or you are provided with, a 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.

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.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].

How you may use material on our Site

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. You must not use such information or copyright material unless you have written permission from us to do so.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use. 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.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

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 licensors.

If you print off, copy or download any part of our Site in breach of these Terms, 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.

Your use of our online tools and reliance on information on our Site

You are able to use the tools on our Site in order to calculate, for example, the estimated maximum equity release lump sum that you may be entitled to and/or to compare different equity release products/services that may potentially be available to you from third party equity release providers. In order to use our online tools, you will be required to insert certain information into the relevant tool on the Site. The results that are produced by the relevant tool will be determined by the information that you insert. It is therefore crucial that you insert the required information truthfully, completely and accurately and that you disclose all relevant facts. If you fail to provide accurate and complete information, then the results that you obtain from our Site may not be valid or appropriate.

We make reasonable efforts to update the information on our Site (excluding any Content uploaded by users of the Site) and we will try to correct any errors or omissions as soon as we can after being notified of them. However, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete, free from errors or omissions, or up-to-date at any time. We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on our Site at any time and without notice.

The content on our Site (including any results that you obtain from using one of the tools 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 advice from one of our specialist advisers (either face-to-face or over the telephone) by purchasing our Advisory Services, or alternatively obtain third party professional or specialist advice, before taking, or refraining from, any action on the basis of the content on our Site.

The information and descriptions of equity release products/services on the Site may not represent the complete descriptions of all the features and terms and conditions of those products/services. You must ensure that you carefully read all the features and terms and conditions (including those contained on the relevant equity release provider's website) of any product/service before applying for it.

Suitability of equity release products/services

On our Site, we provide information about equity release products/services which are provided by third parties, over whom we have no control.

You should always check the suitability, adequacy and appropriateness of the product/service that is of interest to you before you apply for it (which you may choose to do by purchasing our Advisory Services). It is your responsibility to satisfy yourself that you wish to obtain any product/service before applying for it.

Our Site provides information on a wide range of equity release products/services but there may be other similar products/services available on the market that are not shown on the Site and which may be more appropriate or suitable for you than those shown on our Site.

If you enter into a contract for an equity release product/service, you will also be subject to the third party equity release provider's Terms and Conditions and Privacy Policy (which will be different from ours) and you should read those terms carefully.

We are not responsible for websites we link to

Where our Site contains links to other sites and resources provided by third parties (including third party equity release providers), 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. We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the Site, including customer reviews and testimonials. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us on [email protected].

Our responsibility for loss or damage suffered by you

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.

    Subject to the paragraph immediately above, we do not accept any responsibility or liability for any loss or damage you may incur:
  • arising from an inability to access the Site, from any use of the Site or from reliance on the data transmitted using the Site where such losses or damages are caused by any event beyond our reasonable control including as a result of the nature of electronic transmission of data over the internet;
  • if any Content that you provide to us is not correct, complete and accurate, or if it is misleading, or if you fail to disclose all relevant facts;
  • in the event that any equity release product/service you apply for does not meet your requirements or is not suitable for you (other than where you purchase our Advisory Services, in which case our liability will be governed by the terms of the Client Agreement that we enter into with you);
  • in connection with the accuracy or content of any reviews of products/services displayed on our Site or on any other website that you may access via our Site;
  • for any acts, omissions, errors or defaults of any third party in connection with any product/service; or
  • which are indirect or not foreseeable by us when you accessed or used the Site.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Advisory Services to you, which will be set out in the Client Agreement that we enter into with you.

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.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Uploading Content to our Site

Whenever you make use of a feature that allows you to upload Content to our Site you must comply with the content standards set out in our Acceptable Use Policy

You warrant that any such Content does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

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 grant us a perpetual, irrevocable, transferable, worldwide, royalty free and unlimited licence to use such Content in any manner and for any purpose in connection with our Site and, where relevant, for the purposes of providing the Advisory Services to you.

We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any Content you upload to our Site if, in our opinion, such Content does not comply with the content standards set out in our Acceptable Use Policy

You are solely responsible for securing and backing up your Content.

We are not responsible for viruses and you must not introduce them

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.

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.

Rules about linking 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.

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.

You must not establish a link to our Site in any website that is not owned by you.

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.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our Site other than that set out above, please contact [email protected] .

General

These Terms, 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.

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.

These Terms, together with the other documents referred to in these Terms, constitute the entire agreement between you and us relating to your access to and use of the Site and supersede any prior agreements (including any previous terms of use of the Site).

No failure or delay by us in exercising any right under these Terms 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.