1 - TERMS OF WEBSITE USE
1.1 This page (together with the documents referred to in it) represents the Terms and Conditions of Use (Terms of Use) on which you may make use of our Website at www.fundsplus.co.uk (the Site) which is owned, operated, licensed, and controlled by ADV FINANCE LTD (referred to as the Company, we, us and our). The term 'you' refers to the users and viewers of our Site. Use of our Site includes accessing and browsing our Site.
1.2 Please read these Terms of Use carefully before using our Site, as these will apply to your use of our Site. By using our Site, you confirm that you accept these Terms of Use and that you agree to comply with them. We recommend that you print a copy of this document for future reference.
1.3 If you do not agree to these Terms of Use, please do not use our Site.
2 - INFORMATION ABOUT US
2.1 The Company is registered in England and Wales with company number 09830846 and its registered office is at Bank Chambers, St. Petersgate, Stockport, SK1 1AR, United Kingdom.
2.2 We are authorised and regulated by the Financial Conduct Authority. Full permission number 726319.
2.3 We are registered as a Data Controller with the Information Commissioner's Office pursuant to the Data Protection Act 2018. Our registration number is ZA183838
3 - PRIVACY
3.1 Our Privacy Statement sets out the terms on which we process any personal data that we collect from you, or that you provide to us. By submitting a loan application form via our Site you acknowledge that we will acquire your personal data for the provision of the Services; you acknowledge that these checks may include contacting your employer and contacting Credit Reference Agencies (CRAs) and Fraud Prevention Agencies (FPAs) and you consent to our acquisition, control and processing/transfer of your personal data in accordance with the terms of our Privacy Statement at https://www.fundsplus.co.uk/privacy-policy.
3.2 By using our Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to our Site may be read or intercepted by others, notwithstanding the Company's efforts to protect such transmissions.
4 - CANCELLATION
4.1 Under the Financial Services (Distance Marketing) Regulations 2004 you have a right to cancel your application within 14 days of receiving these terms and conditions and receive a refund. If You wish to cancel your application, You must write to us. Any such requests should be made to: ADV FINANCE LTD t/a FundsPlus, Bank Chambers, St. Petersgate, Stockport, SK1 1AR, United Kingdom or email customerservice@advfinance.uk.
5 - EXCLUSIONS
5.1 We shall not be liable for any breach of obligation to You by any bank, counterparty, intermediary or other third party with whom You do business. You will be liable for any loss You suffer as a consequence of You providing inaccurate information. If there is any partial non-performance of our obligations, provided We have made reasonable endeavours to perform them You must give us full credit for doing so. We will incur no liability for any loss arising from non-performance by Us which is caused by something beyond our reasonable control including changes in the law or regulations affecting how We normally operate.
5.2 In the event that any of these terms (each of which is severable) is for any reason illegal, invalid or unenforceable, such provision is to be deemed modified sufficiently to render it enforceable, legal and valid and of similar effect as We intended. Apart from provisions expressly covering associate companies, nothing in these terms is enforceable by anyone who is not a party to them.
6 - COMPLAINTS and TERMS & CONDITIONS OF USE AND ACCESS TO fundsplus.co.uk WEBSITE
6.1 We endeavour to make every effort to ensure our service to you is excellent, however if You wish to make a formal complaint, our complaints procedure is as follows:
- In writing to:
ADV FINANCE LTD t/a FundsPlus
Bank Chambers
St. Petersgate
Stockport
SK1 1AR
United Kingdom - By email:
customerservice@advfinance.uk
- Financial Ombudsman Service, Exchange Tower, London , E14 9SR
Email: complaint.info@financial-ombudsman.org.uk
www: http://www.financial-ombudsman.org.uk/default.htm
Telephone: 0800 023 4 567 (free on mobile phones and landlines) or 0300 123 9 123 (cost no more than calls to 01 and 02 numbers) or from abroad +44 207 964 0500 - European Online Dispute Resolution Platform in relation to your complaint you can also request a review from the European Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr/
7 - ACCESSING OUR SITE
7.1 Our Site is made available free of charge.
Is my loan guaranteed?
All applications are subject to status and checks will be undertaken which may include credit searches and fraud prevention searches to match the right product to you.
7.2 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw, suspend, discontinue or amend all or any part of it or the Services we provide on our Site without notice. We may update our Site from time to time, and may change the content at any time.
7.3 We do not guarantee that our Site, or any content on it, will be free from errors or omissions. The content on this site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this site.
7.4 We will not be liable if for any reason our Site is unavailable at any time or for any period.
7.5 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, and 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 opinion you have failed to comply with any of the provisions of these Terms of Use
7.6 You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.
8 - INTELLECTUAL PROPERTY
8.1 Our Site, the content, any materials downloaded, and all intellectual property pertaining to or contained on our Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks, (collectively the Content) are owned by the Company or other third parties and all rights, title and interest therein shall remain the property of the Company and/or such third parties. All Content is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
8.2 Logos, trademarks, images, etc. are the property of the Company unless otherwise noted and may not be copied, used, linked, disseminated, etc. without our prior express written approval. You are authorised solely to view and retain a copy of the pages of our Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on our Site for the purpose of applying for a loan via the Company.
8.3 You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit our Site, or any portion of our Site for any public or commercial use without our express written consent.
8.4 Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on our Site (or printed pages produced from our Site); and (ii) make any other modifications to any documents obtained from our Site other than in connection with completing information required to transact business with us.
9 - SITE SECURITY
9.1 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which 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.
9.2 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.
9.3 We do not guarantee that our Site will be secure or free from bugs or viruses. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
10 - DISCLAIMERS
10.1 We do not promise that our Site or any Content, document or feature of our Site will be error-free or uninterrupted, or that any defects will be corrected or that your use of our Site will provide specific results.
10.2 The material on our Site could include technical inaccuracies or typographical errors. Our Site and their content are delivered on an 'as-is' and 'as-available' basis. All information provided on our Site is subject to change without notice. The Company cannot ensure that any files, documents or other data you download from our Site will be free of viruses or contamination or destructive features.
10.3 The Company disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose
10.4 The Company does not guarantee that submission of an Application Form will result in you receiving an offer of a loan.
10.5 Examples given on the Site are provided for illustrative purposes only. We are a credit broker and not a lender and the terms on which you may be offered credit differ depending on the lender.
10.6 We disclaim any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of our Site. You assume total responsibility for your use of our Site and any linked sites.
11 - LIMITATION OF OUR LIABILITY
11.1 The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
11.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
11.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
11.2 This does not affect our liability for death or personal injury arising from our negligence nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
12 - INDEMNITY
12.1 By using our Site, you agree to defend, indemnify, and hold harmless the Company from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that we may become obligated to pay arising or resulting from your use of our Site, the Content, or your breach of these Terms of Use. We reserve the right to assume or participate, at your expense, in the investigation, settlement and defence of any such action or claim.
13 - LINKING TO AND FROM OUR SITE
13.1 Our Site may from time to time contain links to sites maintained by third parties, for information purposes only. We have no control over the contents of those sites and we are not responsible for the content or privacy policies of those sites. The existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites.
13.2 Please note that other websites and web pages linked to our Site may be governed by separate terms and conditions, including privacy policies. Please refer to the applicable terms and conditions, including privacy policies of those websites and webpages when visiting them.
13.3 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, but 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.
13.4 We reserve the right to withdraw this permission without notice. 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.
14 - AGE
14.1 The credit services and products that we provide on our Site are intended for those aged 18 years of age and over, and information contained on our Site does not amount to an invitation to clients who are under 18 to apply for a loan. All transactions for the supply of Services concluded through our Site are governed by the Terms of Use.
15 - LAW AND JURISDICTION
15.1 These Terms of Use, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, 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.
16 - LANGUAGE
16.1 The agreement is in English and all communications between you and us will be in English.
17 - MISCELLANEOUS
17.1 Any failure by the Company to exercise any rights or enforce any of these Terms of Use shall not constitute a waiver of such rights or terms.
17.2 If any provision of these Terms of Use or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms of Use, or the application of such provision in other circumstances, shall not be thereby affected, and each provision hereof shall be valid and enforced to the fullest extent permitted by law.
17.3 These Terms of Use constitute the entire agreement between you and the Company with regard to your use of our Site, and any and all other written or oral agreements or understandings previously existing between you and the Company with respect to use of our Site are hereby superseded and cancelled.
17.4 When you enter into a contract with us, you will receive an email from no-reply@fundsplus.co.uk which will include full terms and conditions. If you do not receive the email within 2 days please contact us at customerservice@advfinance.uk and we will send you it again.
