The Debt Clinic

Let's Make Your Finances Better


Terms and Conditions of Use of the Debt Clinic website These terms and conditions detail how the Debt Clinic website (the "Website") can be used. If you use the Website you agree to be bound by these terms and conditions.

GENERAL

Definitions

In these terms and conditions, "we" and "us" mean The Debt Clinic who are owned by Sold in a Click.

1. 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.

2. Our service

We grant you a non-exclusive, revocable, non-transferable licence to use the software on our server to access and collect information from the websites of third party providers as permitted by use of our service. Using our service allows you to access software on our server which you are licensed to use (as set out in clause 3) to obtain information held on our website or from the websites of third party providers. When you use the service, you may cause our software to send a request to the third party providers for information regarding products and/or services. You acknowledge and agree that when you access and collect information from the third party sites using our software, you do so on your own behalf and that you have not appointed us to act as your agent. We simply make our service and software available to you by which you may access such third party sites.

3. Intellectual Property

The copyright and all other intellectual property rights in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to us or our licensors. All rights are reserved. None of this material may be reproduced or redistributed without our prior written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing. All rights in The Debt Clinic are owned by Sold in a Click. Other product and company names mentioned on this Website are the trademarks or registered trademarks of their respective owners. You shall retain ownership of the data you submit to the Website. You grant us a world-wide, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.

4. Exclusions of liability

We use reasonable endeavours to ensure that the data on the Website 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 will be fault free and we do not accept liability for any errors or omissions. We do not monitor, verify or endorse information submitted by us or third party providers for inclusion on the Website and you should be aware that such information may be inaccurate, incomplete or out of date. In particular, we do not monitor, verify or endorse the information or quotations collected from the product and service providers as presented to you on the results page. To the extent permitted by applicable law, we disclaim all warranties, terms and representations (whether express or implied) as to the accuracy of any information contained on the Website. 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. 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. Subject to the liability which we accept above: (a) our aggregate liability to you arising out of or in connection with this agreement or use of the Website shall not exceed £100; and (b) we shall not be liable in contract, tort or otherwise howsoever arising out of or in connection with this agreement or use of the Website for any indirect loss *, consequential loss, loss of profits, data, revenue, business opportunity, anticipated savings, goodwill or reputation.

* For losses that were not foreseeable to both parties when the contract was made * For losses that were not caused by any breach on part of the supplier * For business losses and/or losses to non consumers. The clauses in 5 above do not affect your statutory rights Some channels will provide you with access to third party sites who will host reviews about some of the products and services available. In some instances you may also be able to access user reviews directly on The Debt Clinic site. Regardless of whether you are transferred to a third parties site or read a user review on our site, the views expressed therein do not represent the views of The Debt Clinic or any of its associated companies and The Debt Clinic are not responsible for the accuracy of any such views or expressions

6. Exclusion of liability for third party providers' products and services

You can apply for and buy a number of products and services via the Website. Please be aware that the majority of products and services that appear on the Website are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services before contracting with the third parties. We accept no liability for any products or services or information provided by third party providers. The third party providers will be supplying products and services on their own standard terms and conditions and you should check that you agree to those terms and conditions before making an application for financial services products or purchasing other services. As you view the Website there may be references to specific terms and conditions which apply to certain products or services . In such circumstances, it is your responsibility to refer to such terms and conditions applicable to those offers.

Clause 6 does not affect your Statutory Rights as a consumer.

7. Advertisements

The advertisements that you see displayed on this website are delivered on our behalf by a third party advertising company. No personal data for example your name, address, email address or telephone number are used during the course of serving our advertising, but, on our behalf, our third-party advertiser may place or recognize a unique "cookie" on your browser. This cookie does not collect personal data about you nor is it linked to any personal data about you. If you would like more information about this practice and to know your choices about not having this information used by this company, please click here http://www.doubleclick.net/us/corporate/privacy

8. Data submitted by you

You warrant that you have taken all reasonable precautions to ensure that any data you submit to the Website is true and accurate and free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.

9. Your telephone calls

Telephone calls that you make to our customer service help line on 0845 475 0945 may be monitored 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 GMT, all calls will be charged at local rate.

10. Complaints

Our aim is at all times to provide you with an excellent service. However, if you are unhappy with our service for any reason, please contact our Customer Services Team (Complaints Handling) at our address given above, by telephone on 0845 475 0945 or by email at enquiries@the-debt-clinic.co.uk . We will acknowledge receipt of your complaint, in writing, within 5 business days and we will inform you of the name or job title of the individual handling the complaint (together with details of our internal complaint handling procedures). We may combine the acknowledgement of the complaint with our final response, but in any event we aim to resolve complaints at the earliest opportunity. When we send a final response we will inform the complainant of their right to refer the complaint to the Financial Ombudsman Service should they not be satisfied with the final response, and that they must do so within six months. We will enclose a copy of the Financial Ombudsman Services explanatory leaflet when we send the final response. If you are unhappy with any product or service that you have been introduced to through any of our channels, we recommend that you approach the provider of that product or service direct. If you require any provider's contact details, please contact our Customer Services Team who will be happy to assist. If we are unable to resolve your complaint through our internal complaints procedure, you may be able to refer it 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.

11. Payment

You shall pay any registration fees and/or other charges incurred by you in accordance with the payment provisions set out on the Website from time to time. Full payment for products where required which are typically some of the insurance products on the website should be made at the time of booking, in the secure area of the Website. Payment methods other than those stated on the Website will not be accepted. We will pass your card details and personal details, as necessary, to the insurance provider, who will take payment for the insurance in accordance with its terms and conditions. We reserve the right to charge you for any handling fees that we or the provider incur in respect of your booking. You will be informed of such charges before they are incurred. Payment for other products and services will be made on the relevant provider's website.

12. Data protection

We are committed to protecting your privacy. Our privacy practices are set out in our Privacy Policy. We may disclose your details or access your account if required to do so by law, by the Financial Services Authority, the Office of Fair Trading or any other applicable regulator, compliance monitor, Governmental or law enforcement agency.

13. Termination

We may terminate or suspend your access to the Website and the services within it at any time.

All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.

14. General

The content of this Website is directed solely at those who access the site from the United Kingdom. We make no representation that any product or service referred to in this Website is available or otherwise suitable for use outside of the United Kingdom. The Website is for your non-commercial, personal use only and must not be used for business purposes. For clarification this does not include the booking of travel for business purposes nor where the area of interest is business finance. If any provision of this agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected. 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. We may modify 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 share sale. Unless expressly provided in this agreement, no term of this agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

15. 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.

GUIDANCE NOTES

The following sections form part of the terms and conditions and provide more specific guidance on certain products and services

16. Mortgages

The mortgage information available via the Mortgage Channel on the Website covers both mortgages in respect of a property purchase and mortgages secured on your property for a purpose other than purchase of that property. For example, this might include a debt consolidation loan or a home improvement loan. The products displayed on the Website are examples of products currently available. Our selection as it appears on the Website and nothing in these terms and conditions constitutes advice or a recommendation to purchase a particular mortgage product. You should also read the "Mortgage Guide" section of the Website which provides information about mortgage products, interest rates and associated fees and charges. We receive commission and fees from certain mortgage lenders who advertise on or are linked to the Website. We retain the commission and fees and we do not charge you for the service we offer via the Website. The Mortgage Channel allows you to compare mortgage products and then links you to the relevant websites of certain mortgage lenders.

Please be aware that it is very important that before you apply for any mortgage product you carefully read the terms of the application form, the terms of the mortgage and any other relevant documentation which applies to the mortgage. You must ensure that the mortgage matches your requirements and that you agree to the terms of the mortgage before you apply for any mortgage product. We accept no responsibility whatsoever in the event that any mortgage entered into or applied for by you does not meet your requirements. In the event that you decide to apply for a mortgage product selected via the Website, the full mortgage documentation and other relevant details should be sent to you by the mortgage lender and not by us. It is the responsibility of the mortgage lender to provide all relevant documentation to you and we can accept no responsibility in the event that you do not receive the documentation requested or expected.

YOUR HOME MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON YOUR MORTGAGE

17. Credit Cards and Loans

The products displayed on the Website are examples of products currently available. Our selection as it appears on the Website and nothing in these terms and conditions constitutes advice or a recommendation to purchase a particular credit card or loan product We receive commission and fees from certain lenders who advertise on or are linked to the Website. We retain the commission and fees and we do not charge you for the service we offer via the Website.

The Credit cards and loans Channels allow you to compare products and then links you to the relevant websites of certain mortgage lenders. Please be aware that it is very important that before you apply for a loan or a credit card product you carefully read the terms on the application form which will include details of the interest rates applicable and any early redemption charges if relevant In the event that you decide to apply for a loan or credit card product selected via the Website, the full documentation and other relevant details should be sent to you by the lender and not by us. It is the responsibility of the lender to provide all relevant documentation to you and we can accept no responsibility in the event that you do not receive the documentation requested or expected.

 

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