Warning: Late repayments can cause you serious money problems. For help, go to moneyhelper.org.uk. We are a broker not a lender.
Warning: Late repayments can cause you serious money problems. For help, go to moneyhelper.org.uk. We are a broker not a lender.
1.1. This page (together with the documents referred to on it) represents the Terms and Conditions of Use ("Terms of Use") on which you may make use of our website (the "Site") which is owned, operated, licensed, and controlled by William Ellis Sinclair (WES) (the "Company", "we", "us", and "our"). We are authorised and regulated by the Financial Conduct Authority under reference number 618190 with registered address 8A Dunraven Place, Bridgend, CF31 1JD; and licensed by the Information Commissioners Office (registration number ZA033005). The term "You" refers to the users and viewers of our Site.
1.2. Please read these Terms of Use carefully before using our Site.
1.3. By using our Site, you indicate that you accept these Terms of Use and that you agree to be bound by them. If you do not agree to these Terms of Use, please do not use our Site.
2.1. The Company is a service business carrying out the business of credit brokerage in the United Kingdom. The Company does not make loans or credit decisions.
2.2. We are registered with the Information Commissioners Office in compliance with the Data Protection Act of 2018.
3.1. The Company's services include, but are not limited to, advertising other companies' credit offerings and effecting introductions between potential borrowers and lenders or other credit brokers in respect of secured and unsecured loans (the "Services"). In order to request a consumer credit loan from a selection of lenders and brokers, the Company invites you to complete an Application Form and transmits this completed Application Form to lenders, brokers and/or third parties (the "Partners").
3.2. The Company does not guarantee that completing an Application Form will result in you receiving a loan offer. Your request is not an application for credit from a specific lender or broker but an expression of your interest in such products. Individual lenders and brokers may require you to complete their own application process and are solely responsible for deciding whether and on what terms to lend to you. Any examples of loan terms on our Site are for illustrative purposes only.
3.3. The Company does not charge you any fees for the provision of the Services. If we provide services other than the Services we shall be entitled to charge a fee for those services. The Company will generally receive a brokerage fee from its Partners for the provision of the Services.
3.4. The Company is not a party to any contract made between you and the Partners for loans. All rights and obligations under the terms of the contract for a loan are solely between you and the relevant lender or broker.
4.1. By completing the Application Form you authorise the Company to transmit your Application Form to our Partners.
4.2. By submitting an Application Form you authorise our Partners to take all such steps as are deemed necessary to independently verify any and all information contained in your Application Form and to check your creditworthiness. You understand that these checks may include contacting Credit Reference Agencies (CRAs), fraud and money laundering prevention agencies, and the electoral register as well as providing them with information about you.
4.3. By submitting the Application Form you acknowledge that we will acquire and transfer your personal data to our Partners for the provision of the Services and you consent to our acquisition, control and processing/transfer of your personal data in accordance with the terms of our Privacy Policy (see also section 8 below: 'Privacy').
4.4. We do not act on behalf of the Partners nor do we represent them.
5.1. Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
5.2. From time to time, we may restrict access to some parts of our Site, or the entirety of our Site, to users who have registered with us.
5.3. 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.
5.4. 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.
6.1. 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.
6.2. Logos, trademarks, images, etc. are the property of the Company unless otherwise noted and may not be copied, used, linked, disseminated, etc. without the Company's prior express written approval. Requests for approval should be directed to [email protected] or William Ellis Sinclair (WES), 8A Dunraven Place, Bridgend, CF31 1JD.
6.3. 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 transacting business with the Company.
6.4. 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 the express written consent of the Company.
6.5. 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 the Company.
7.1. 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.
7.2. 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.
7.3. 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.
8.1. The Company's Privacy Policy applies to use of our Site, and its terms are made a part of these Terms of Use by this reference.
8.2. Any personal data we process about you will be processed in accordance with our Privacy Policy and by using our Site to transmit personal data you consent to such processing and you warrant that information provided by you is accurate. Please note that we may transfer your personal data to lenders or brokers outside of the European Economic Area, subject to us always meeting the legal requirements for such transfer as set out in the Eighth Data Protection Principle of the Data Protection Act 2018.
8.3. Additionally, 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.
9.1. The Company does 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.
9.2. The material on our Site could include technical inaccuracies or typographical errors. Our Site and its 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.
9.3. The Company disclaims all warranties, expressed or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.
9.4. The Company does not guarantee that submission of an Application Form will result in you receiving an offer of a loan.
9.5. The Company disclaims 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.
10.1. 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:
10.1.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
10.1.2. 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, including:
10.2. 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.
11.1. 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 the Company may become obligated to pay arising or resulting from your use of our Site, the Content, or your breach of these Terms of Use. The Company reserves the right to assume or participate, at your expense, in the investigation, settlement and defence of any such action or claim.
12.1. Our Site may contain links to sites maintained by third parties. The Company is not responsible for the content or privacy policies of those sites, and 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.
12.2. Please note that other websites and webpages 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.
12.3. 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.
12.4. You must not establish a link from any website that is not owned by you.
12.5. 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.
12.6. If you wish to make any use of material on our Site other than that set out above, please address your request to [email protected] or William Ellis Sinclair (WES), 8A Dunraven Place, Bridgend, CF31 1JD.
13.1. The services and products that we provide on our Site are intended for those over 18 years of age only, and information contained on our Site does not amount to an invitation to clients who are under 18 to buy any services or products. All transactions for the supply of services concluded through our Site are governed by the Terms of Use.
14.1. Your use of our Site and these Terms of Use are governed by the Laws of England and Wales whose courts have exclusive jurisdiction of any disputes that may arise under or in connection with the Terms of Use.
14.2. However, we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or other relevant country.
15.1. 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.
15.2. 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 affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law.
15.3. 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.
16.1. If you have a complaint, please contact us at [email protected] or William Ellis Sinclair (WES), 8A Dunraven Place, Bridgend, CF31 1JD. We will investigate your complaint. We will attempt to both resolve your complaint through investigation and to respond to you with the outcome.
16.2. If you are not happy with our final response, you have the right to have your complaint dealt with by the Financial Ombudsman Service ("FOS"). To do so, you should contact the FOS within 6 months of our final response to your complaint. You may write to the FOS at the following address: The Financial Ombudsman Service, Exchange Tower, London, E14 9SR, or visit their website: www.financial-ombudsman.org.uk.
16.3. In relation to your complaint you can also request a review from the European Online Dispute Resolution platform: ec.europa.eu/consumers/odr/.