Terms & Conditions
These terms and conditions detail how the financetracker.net&trade website (the "Website") can be used. If you use the Website you agree to be bound by these terms and conditions.
Definitions
In these terms and conditions, " we " and " us " mean Finance Tracker&trade which is a trading name of Finance Tracker Limited (company number 4068183) whose registered address is 6-12 The Parade, Exmouth, Devon, EX8 1RL.
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 all channels on the Website we may prompt you to complete an online fact finding questionnaire relating to the type of product or service you are looking for.
After you have completed and submitted an application via the Website we will send you an e-mail acknowledging that the enquiry has been submitted. Once submitted, your enquiry will be forwarded to a small selection of master brokers and/or lenders so that it can be processed & quoted. If you do not hear from the companies within a reasonable period, we recommend that you contact our Customer Services Team at support@financetracker.net who will be happy to assist.
The fact that a product or service is offered by the master broker and/or lender 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 or monies for any product or service.
We encourage debate and the sharing of information between our users. However, we do require that your use of our chat forums and any other communication systems that we provide is lawful.
You may not use the chat forums or any of our comms systems for any illegal purpose and in particular you will not:
Post or transmit material that infringes the intellectual property rights or other rights of others or post or transmit any material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person as determined by us in our sole discretion;
Post or transmit advertisements for or solicitations of business;
After receiving a warning, continue to disrupt the normal flow of dialogue, or post or transmit comments that are not related to the topic being discussed;
Post or transmit chain letters or pyramid schemes;
Impersonate another person;
Disguise the IP address of the connection used to post any message;
Post or transmit any files containing viruses or other harmful computer code;
Harvest or otherwise collect or use information about others, including e-mail addresses, without their explicit consent;
Allow any other person or entity to use your identification for posting or viewing comments or for communicating with other users;
Post the same note more than once or "spam"; or
Engage in any other conduct that restricts or inhibits any other person from using or enjoying these areas of our site, or which, in our judgment, exposes us to any liability or detriment of any type.
Intentionally make false or misleading statements about investments, their price or their prospects. If you do, you may be committing a criminal offence.
Post either intentionally or otherwise, any material that could have the effect of manipulating the market value of any investment. This may be a criminal offence.
Give investment advice by way of business or make financial promotions.
Please note that any posting of information in these forums is the opinion of the person posting only and in no way reflects our opinions or attitudes. You must remember that we operate an open forum and sometimes messages are posted that are misleading, deceptive, or downright wrong. You should not therefore rely on information being accurate or complete. If you do, you do so at your own risk.
We don't monitor the use of the chat forums or our comms systems, so we do rely on you to inform us if you spot any abuse or inappropriate behaviour, in which case we will review specific postings. If you feel you have been threatened, damaged or abused in our chat forums or via our comms systems that we operate or if you believe any infringement of your rights may have occurred through our site please contact us at abuse@financetracker.net.
We reserve the right (but we are not obliged) to do any or all of the following:
Record the communications in chat forums and comms systems.
Investigate a claim that any one or more communication does not conform to the terms of this clause and determine in our sole discretion to remove or request the removal of the communication(s).
Remove without notice communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms.
Terminate a user's access to post messages to any or all of these areas
Monitor, edit, or disclose any communication in these areas.
Edit or remove any communication(s) posted on our website, regardless of whether such communication(s) breaches these Terms.
If you disagree with a decision of a Forum Team member, you should email your appeal to webmaster@financetracker.net. You must not use the chat forum to argue any decision of our Forum Team.
Any decision we make to remove or request the removal of any communication or to terminate or suspend the posting privileges of any user of the chat forms shall be final and binding. The termination or suspension of posting privileges shall apply to any and all user accounts that may have been used by that person, whether or not opened by that person.
If you are notified that your posting privileges have been suspended or terminated, you will not attempt to reregister as a user of the Chat Forum or make any posts on it in any guise whatsoever.
When former users whose posting privileges have been removed do reregister or otherwise disrupt the Chat Forum, this spoils the Chat Forum and can cause severe distress or disturbance to other users. Dealing with the unwanted posts of former users distracts us from the core purpose of the site and ties up management and technician time. Therefore in such circumstances we reserve the right to:
Report offenders to their ISP
Charge offenders for the administrative costs of identifying and removing their posts at the rate of £50 per hour necessarily spent plus any external costs that we incur.
Take legal action to recover these costs.
Report offenders to the authorities if their actions appear to amount to a breach of the Computer Misuse Act 1990 or any other relevant criminal legislation.
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 financetracker.net&trade and the logo are owned by Finance Tracker Ltd. 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 and email 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. We may receive up to fourty percent of the gross commission received from our Packagers for introducing customers to them and is paid upon completion of the loan.
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 given by the master brokers or lenders. 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.
Our aggregate liability to you arising out of or in connection with this agreement or use of the Website, communication forums or via our comms systems shall not exceed £0.00 (zero pence); 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, communication forums or via our comms systems for any direct or indirect loss, consequential loss, loss of profits, data, revenue, business opportunity, anticipated savings, goodwill or reputation.
Exclusion of liability for third party providers' products and services
You can apply for a number of products and services via the Website. Please be aware that all the 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.
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 Finance Tracker 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.
Your privacy is very important to us.
Accordingly, we have put in place measures to ensure that any personal information or data that we obtain from you in connection with the Finance Tracker website, are processed in accordance with the accepted principles of good information handling.
What data do we hold about you?
We hold the personal information and data provided by you during the voluntary enquiry process to tailor our service to your specific interests and requirements. We also hold the data provided by you in relation to certain services, so that you do not need to re-enter this data when you next require the service. Clearly, the more accurate the data we hold, the better our service will be.
Where is your data stored?
All data provided by you are held securely and in confidence by us in our computerised records. You have a right to inspect the data we hold about you. If at anytime you wish to do so, you should write to our data protection compliance officer whose details are set out below. If anything in the data is inaccurate or out-of-date, let us know and we will amend our records.
How do we use your data?
The nature of our service means that we share your data with partners who provide the products and services that you request. For instance, if you want to apply for a particular product or simply require more information about it, we will pass your relevant data to the product provider to fulfill your request.
Occasionally, we may also contact you by phone, e-mail or otherwise to inform you about products and services which may be of interest to you. However, if you prefer to opt out of such "direct marketing" activity, please write to Data Control Dept, Finance Tracker Ltd, Po Box 318, Torquay, TQ1 1ZR. However, please remember that by opting out, we will not be able to contact you about products or services that may benefit you.
How do we keep your data secure and confidential?
We use encryption and authentication procedures to protect your sensitive data. In addition, our staff has a personal responsibility for maintaining user confidentiality. We provide training and education to all our staff to remind them of their obligations, which are fully supported by our internal policies and procedures.
We only pass data to third parties where the security and confidentiality of your data is assured.
E-mail addresses are required in order to register for some features on the website. Occasionally, we will send you special e-mail newsletters that contain the latest financial information and bulletins to keep you up-to-date with developments on the website.
In each e-mail we send, there are normally instructions that allow you to "unsubscribe" to this service should you not wish to receive e-mails in the future.
Telephone Calls
If you call our Contact Centre, we may record or monitor telephone conversations to provide additional security, resolve complaints and improve our service standards. Calls may also be monitored for staff training purposes.
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.
Consumer Credit Licence 495255 - Data Protection Z5082372