These terms and conditions detail how the moneysupermarket.comTM website (the "Website") can be used. These terms and conditions are split into 3 sections: General, Insurance and Mortgages. The General Section applies to ALL channels of the Website (including the insurance and mortgage channels). In addition, the Insurance Section applies to the insurance channels and the Mortgages Section applies to the mortgage channels. If you use the Website you agree to be bound by these terms and conditions.
A. GENERAL SECTION
Definitions
In these terms and conditions,
"we" and "us" mean moneysupermarketTM which is a trading
name of Moneysupermarket.com Limited (company number 3945937) whose registered
address is Park House, 1 Chantry Court, Sovereign Way, Sealand Road, Chester
CH1 4QA.
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.
Our service
In most channels on the Website we will prompt you to complete an online fact
finding questionnaire relating to the type of product or service you are looking
for. Based on the information you provide to us, we collect information from
product and service providers who offer the product or service you selected.
We then present that information to you on a results page. The information on
the results page is simply a table setting out the type of product or service
you have selected ranked on a particular basis. For example, in the insurance
channel the insurance policies are ranked by premium price commencing with the
lowest.
After you have completed and submitted an application via the Website we will
send you an e-mail acknowledging that the application has been submitted. Once
submitted, your application will be sent directly to your chosen provider so
that it can be processed. After your chosen provider has processed your application,
it should inform you as to whether your application has been successful. If
you do not hear from the provider within a reasonable period, we recommend that
you contact the provider direct. If you require any provider's contact details,
please contact our Customer Services Team at customerservices@moneysupermarket.com
who will be happy to assist.
The fact that a product or service is presented on the results page does not
constitute a guarantee or a representation of our belief that that product or
service is suitable for you, is still available or will be made available to
you by the provider. We accept no responsibility whatsoever in the event that
a provider refuses to give you a quote for any product or service.
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 moneysupermarket.comTM and the shopping basket logo are owned
by Moneysupermarket.com Limited. 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.
Disclaimer
We are not authorised to
carry out any regulated activities, as defined by the Financial Services and
Markets Act 2000. For example, we are not authorised to give any investment
advice. Nothing within the Website is, or shall be deemed to constitute, financial
or other advice or a recommendation to purchase any product or service. Any
and all information provided within the Website is for general information purposes
only. We strongly recommend that independent professional advice is obtained
before you purchase any product and/or service via the Website.
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 and 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 in clause 6.5: (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.
Clauses 6, a, b, c, d, e and f do not affect your Statutory Rights as a consumer.
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.
Clause 7 does not affect
your Statutory Rights as a consumer.
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.
Your telephone calls
Telephone calls that you
make to our customer service help line on 0845 345 5708 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.
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 write to our Customer
Services Team (Complaints Handling) at our address given above, or email the
team at complaints@moneysupermarket.com. Any complaints received will be dealt
with in accordance with our complaints procedure which is set out here. You
should put your complaint in writing and address it to our Customer Services
Team at our address given above.
We will acknowledge in writing your complaint within 5 working days and we will
endeavour to respond in detail to any complaint within 21 days of receipt by
us of such complaint.
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 write 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.
Alternatively, if we are unable to resolve your complaint through our internal
complaints procedure and your complaint relates to our mortgage services, you
may write to The Mortgage Code Arbitration Scheme at International Arbitration
Centre, 12 Bloomsbury Square, London WC1A 2LP; Telephone: 020 7421 7444.
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.
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, the Mortgage Code
Compliance Board or any other applicable regulator, compliance monitor, Governmental
or law enforcement agency.
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.
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.
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 in clause 14.7, 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
or trade or share sale, or to any company in the Moneysupermarket.com Limited
group of companies for our convenience.
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.
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.
B. INSURANCE SECTION
Insurance products and services
We are a member of the General Insurance Standards Council ("GISC").
We are an independent insurance intermediary acting on your behalf. This means
that we do not represent any of the insurers named within the insurance channel
of this website but act solely for you.
Our insurance channel allows you to compare insurance policies for various types
of insurance products and services, for example, travel insurance, medical insurance,
dental insurance, pet insurance, life assurance and mortgage protection insurance.
Not all of these products and services or those referred to within our insurance
channel are covered by the GISC Private Customer Code. The Code covers all types
of general insurance products but does not cover products such as life assurance.
It may also not cover other products referred to within the insurance channel
such as motor breakdown insurance. A copy of the Code is available upon request.
Please be aware that it is very important that before you buy any policy you
carefully read the terms of the policy, the insurer's terms and conditions and
any other relevant documentation which applies to the policy. We will aim to
give you enough information so that you can make an informed decision about
your insurance but you should not rely solely on the information provided within
our insurance channel. You must familiarise yourself with all the details of
the policy, for example, the restrictions, exclusions, conditions and obligations
which apply to the policy. You must ensure that the policy matches your requirements
and that you agree to the terms of the policy before you place an order to purchase
any insurance product or service. We accept no responsibility whatsoever in
the event that any policy purchased by you does not meet your requirements.
Insurers will use the information you input into the fact finding questionnaire
to calculate their premium and any offer of insurance cover. It is your responsibility
to ensure that such information and all other information you provide to the
insurers (before cover begins and during the term of any policy you take out)
is complete, accurate and not misleading. If you are in any doubt as to whether
any information is relevant you should disclose it. If you do not provide all
such information your selected insurer may be able to treat your insurance policy
as if it never existed.
In the event that you decide to buy an insurance product or service, the confirmation
of cover, the full policy documentation, details on how to make a claim and
other relevant details should be sent to you by the insurer and not by us. For
example, if there are any changes to your policy those changes should be communicated
to you by your insurer. It is the insurer's responsibility 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.
C. MORTGAGE SECTION
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.
We are not tied to any lender and this means that we are an independent mortgage
intermediary and that we represent you. We can offer you information on mortgages
and products from the entire mortgage marketplace.
The mortgage code (the "Mortgage Code") issued by the Council of Mortgage
Lenders applies to all mortgage lending to personal customers where the loan
is secured on a property in the United Kingdom which is owned and occupied by
the customer.
Mortgage Code
We are registered as a mortgage
intermediary with the Mortgage Code Compliance Board and we subscribe to the
Mortgage Code. You can obtain a copy of the Code by contacting our Customer
Services Team at our address given above, or email the team at customerservices@moneysupermarket.com.
Click on this link: www.mortgagecode.com to visit the Mortgage Code compliance
website where you can also find a copy of the Mortgage Code.
Under the Mortgage Code there are three different types of advice which you
can receive:
advice and a recommendation as to which of the mortgages available in the marketplace
are the most suitable for you;
information on the different types of mortgage product on offer so you can make
an informed choice about which mortgage to apply for;
information on a single mortgage product only if only one mortgage product is
offered or if you have already made up your mind.
We only give information under heading (b) via the Website. We will confirm
in writing to you the level of advice given.
Important Information
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.
Before you submit a mortgage application using any of the links from the Website,
we very strongly recommend that you seek independent professional advice. You
should read the "You and your mortgage" leaflet available via this
link: You and your mortgage
You should also read the "Mortgage Guide" section of the Website which
provides information about mortgage products, interest rates and associated
fees and charges.
Fees and how we are paid
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. We will confirm to you in writing the amount we receive
from each mortgage lender.
The application process
The Mortgage Channel section
of the Website operates in accordance with the processes set out in paragraph
3 of these terms and conditions. It 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 IS AT RISK IF YOU DO NOT KEEP UP REPAYMENTS ON A MORTGAGE OR OTHER
LOAN SECURED ON IT