Below is a summary of some key terms of these Terms of Use. This summary is for your reference only and does not form part of the Terms of Use.
Use of the Sites is subject to all of the Terms set out below - if you do not agree to the terms, please stop using the Sites immediately.
1. Introduction
Who are we?
The Sites are owned and operated by Phoenix Financial Consultants Limited (“Phoenix”). Phoenix is authorised and regulated by the Financial Conduct Authority (Register no. 539195)
Definitions
In these Terms of Use:
(referred to collectively as the "Sites"); and
How to use these Terms of Use
These Terms of Use apply to all our Products - sections 3 and 4 are especially important as they limit our liability to you and set out your responsibilities.
Your acceptance of these Terms of Use
Access to and use of the Sites are subject to these Terms of Use and our Privacy Policy. By accessing and using the Sites you agree to be bound by and to act in accordance with these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, you should stop using and/or accessing the Sites immediately. If you breach any term of these Terms of Use, your right to access and use the Sites will cease immediately.
Changes to these Terms of Use
We reserve the right to amend these Terms of Use from time to time by amending this page. The amended Terms of Use will be effective from the date they are posted on the Sites.
How to contact us
a. If you have any questions about these Terms of Use, or would like to contact us for any other reason, you can contact us using the details in Section 5 below.
b. If you are dissatisfied with any aspect of our Sites or our service, and would like to make a complaint, see Section 5 on Complaints below.
c. Telephone calls that you make to our customer services help line 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. Our customer service help line is available Monday to Friday 9.00am to 5.30pm.
2. Our Sites
Our service
We provide an independent online service which enables you to obtain loans to purchase underlying goods and services at the point of sale of those goods and services. We receive commission from lenders when you use our service to purchase Products. Our customer services team is available to support with any offline queries.
Permitted use
a. The Sites are for your personal, non-commercial use only. They may only be accessed and used by a private individual to seek a Product directly for that individual. Access to and use of the Sites other than for your personal, non-commercial purposes is strictly prohibited.
b. You are not permitted to use the Sites:
c. The Sites are intended for use only by customers who are located in the UK. We make no warranty or representation that any Product and/or any service we provide is available or otherwise appropriate for use outside of the UK. If you choose to use the Sites from locations outside the UK, you do so at your sole risk and you are responsible for compliance with all applicable local laws.
d. The Sites are intended for the use of over-18s only.
e You may operate a link to the Sites provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, as determined by us. You must not operate a link to the Sites in such a way as to suggest or imply any form of association, approval or endorsement by us. We reserve the right to require you to remove any link to the Sites immediately and at any time and we may withdraw any linking permission at any time
Intellectual Property
a. The trade marks, copyright, database rights and other intellectual property rights in the Sites and in the information, content, material or data that we display on the Sites belong to us or our licensors and all such rights are reserved. You must not use such information or copyright material unless you have written permission from us to do so.
b. You may temporarily print, copy, download or store extracts of information, content, material or data displayed on the Sites for your own personal, non-commercial use, provided you do not otherwise breach these Terms and Conditions.
c. All rights in phoenix-fc.co.uk are owned by us.
d. You will retain ownership of any content that you submit, or otherwise make publicly available on or through the Sites ("User Content"). You grant us a perpetual, irrevocable, transferable, worldwide, royalty free and unlimited licence to use such User Content in any manner and for any purpose.
Security
We subscribe to the latest in internet security standards so you can shop with confidence online. When you enter a protected area, a small padlock or key will be displayed at the bottom of the screen indicating that you have a secure connection with us. You can rest assured that the information you supply is encrypted and cannot be read by anyone else.
Paragraphs 3 and 4 below are important and you should read them carefully as they exclude or limit our liability to you and detail your responsibilities.
3. Your responsibilities
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 the Sites and/or your breach of these Terms of Use.
Your personal information and User Content
a. Our service allows you to search for and compare various types of loans from different lenders. You will need to answer a number of questions on the Sites in order to obtain a quote for any Product. These questions are designed to ensure that we and all relevant Lenders have all the information necessary to provide you with appropriate and timely information relating to the products in which you are interested. The availability of a loan product is determined by the answers you provide to these questions. It is therefore very important that you provide information truthfully, completely and accurately and that you disclose all relevant facts.
b. If you are in any doubt as to whether any information is relevant or required to be disclosed or that something may be incorrect you should disclose it to your proposed lender before you apply for a Product.
c. Before you obtain any Product from a lender, you must check all of the information, content, material or data the lender holds 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 before you obtain any Product.
d. You must get permission from any other person whose information you intend to provide on the Sites 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.
e. You must take all reasonable precautions (including using appropriate virus checking software) to ensure that any information, content, material or data you provide is free from viruses and anything else that may have a harmful effect on any part of the Sites or the websites of third parties or any other technology.
f. If you create any usernames and passwords when using the Sites, they must be kept confidential by you and must not be shared with anyone. If you do disclose to anyone your username, password and/or other identification information, you are solely responsible for all activities undertaken on the Sites using your username, password and/or other identification information.
Suitability of Products
a. The Products available on our Sites are not provided by us but by third party lenders over whom we do not have control.
b. You should always check the suitability, adequacy and appropriateness of the Product that is of interest to you. It is your responsibility to satisfy yourself that you wish to obtain any Product before applying for it. If you are in any doubt as to the suitability, adequacy or appropriateness of any Product referred to on the Sites, we suggest that you seek independent professional advice before you obtain it.
c. The Sites provide access to a limited range of products and services but there may be other products or services available on the market which are not shown on the Sites and which may be more appropriate or suitable for you than those shown on the Sites.
Third party websites and services
a. Your use of any lender websites and your obtaining of any Products will be subject to the Lender's own terms and conditions (which will be different from ours). It is very important before you apply for any Product that you carefully read the accompanying terms and conditions, the Lender's terms and conditions and any other documentation that applies to the Product. You must familiarise yourself with all the details of the product, for example:
b. Any links to third party websites on our Sites or in our e-mails are provided for your interest and convenience only. These websites are owned and operated by third parties over whom we do not have control. We do not endorse, recommend or accept responsibility for such third parties, their products or services, their websites or for any information, opinions or views given or advice provided by such third parties (whether on their websites or otherwise).
4. Our responsibilities and our liability to you
The information on our Sites
a. We aim to ensure that the material on the Sites (excluding, if applicable, any User Content) is accurate. We also try to correct any errors or omissions as soon as we can after being notified of them. However, we are not able to guarantee that the material on the Sites is accurate and free from errors or omissions at all times. We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on the Sites at any time and without notice.
b. Nothing on the Sites is financial, investment or other advice or a recommendation or endorsement by us in respect of any Product referred to on a Site. Information on the Sites is provided for general information purposes only, should not be relied upon by you and is provided so that you can select the Product that you feel is most appropriate to meet your needs.
c. The information and descriptions of Products on the Sites may not represent the complete descriptions of all the features and terms and conditions of those Products. You must ensure that you carefully read all the features and terms and conditions (including those contained on the lender's Site) of any Product before applying for it.
d. Some of our channels provide you with access to third party websites that host reviews about products and services. Sometimes you may also be able to access user reviews directly on the Sites. The views expressed in any such reviews do not represent our views or the views of our associated companies.
Availability of the Sites
We aim to provide uninterrupted access to the Sites but we give no warranty on this. We reserve the right to suspend, restrict or terminate your access to the Sites at any time.
Exclusions of our liability
a. Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or for our fraud, or excludes or limits our duties or any liability under the Financial Services and Markets Act 2000, as amended, ("FSMA") or any conduct of business rules developed pursuant to FSMA.
b. Subject to the paragraph immediately above, we do not accept any responsibility or liability for any loss or damage you may incur:
c. We do not give any warranty that the Sites are free from viruses or anything else which may have a harmful effect on any technology.
5. Complaints
a. We aim to provide you with an excellent service at all times. If you are unhappy with our service for any reason, please contact our Customer Services Team.
b. We will aim to send you a formal acknowledgement of your complaint within 48 hours and to resolve it as soon as possible. After we have had an opportunity to investigate your concerns, we will issue you with a final response. If you are not satisfied with our response, depending on the nature of your complaint, you may have the right to refer your case to:
c. If you are unhappy with any product or service 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. If you require their contact details, please contact our Customer Services Team who will be happy to assist.
6. Legal Information
a. 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.
b. These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and us relating to your access to and use of the Sites and supersede any prior agreements (including any previous terms of use of the Sites).
c. 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.
d. These Terms of Use and your access to and use of the Sites shall be governed by and interpreted in accordance with English law.
e. 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 the Sites (including any claims or disputes).