Terms and Conditions
1.1 These terms and conditions govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you use any of our website services, we will ask you to expressly agree to these terms and conditions.
2. Users outside the UK
2.1 Our website is directed at persons resident and situated in the UK and not at any other persons.
2.2 We do not warrant that our website complies with the applicable laws or regulations of any jurisdiction outside the UK.
2.3 If you are resident or situated outside the UK, you must not access or use our website unless you are lawfully able to do so.
2.4 Subject to Section 11.1, we do not accept any liability for any loss or damage resulting from, or related to, the availability of our website or any of our website content to persons resident or situated outside the UK.
3. Copyright notice
3.1 Copyright (c) 2013 www.equityreleasecalculator.net.
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensers, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) use our website services by means of a web browser
subject to the restrictions set out in these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal use only, and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) reproduce, duplicate, copy or otherwise exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6. Professional advice
6.1 You must not use our website to give professional advice, including financial advice, advice concerning particular mortgages, equity release plans, investments or investment decisions, accountancy advice, tax advice or legal advice.
7. Report abuse
7.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
7.2 You can let us know by email at firstname.lastname@example.org.
8. Third party information and relationships
8.1 In respect of information provided by others, we act as a mere conduit for that information and we do not select, monitor, edit, modify, review, evaluate or otherwise oversee that information or the publication of that information on our website.
8.2 Subject to Section 11.1, we will not be liable to you in respect of any damage, expense or other loss you may suffer arising out of information provided by others or any reliance you may place upon such information.
8.3 Any arrangements between you and any third party encountered through our website are at your sole risk.
9. Equity Release and Mortgage related/financial decisions
9.1 Nothing on this website constitutes or is intended to constitute:
(a) a financial promotion, an advertisement for any particular equity release scheme or mortgage, or an invitation or inducement to engage in equity release or mortgage activity;
(b) equity release or mortgage advice, including advice on the merits of buying, subscribing for, underwriting or exercising rights in relation to a particular equity release loan or mortgage;
(c) the making of an arrangement for another person to buy, sell, subscribe for an equity release plan or mortgage; or
(d) any financial service or activity regulated or controlled by or pursuant to UK financial services law or any other applicable law.
9.2 You should take professional financial equity release advice in connection with, or independently research and verify, any information that you find on our website and wish to rely upon, whether for the purpose of making an equity release or mortgage decision or otherwise.
9.3 We would like to draw your attention to the following equity release warning:
(a) These are lifetime mortgage and equity release schemes. For further information and to understand the risks involved, please request a personalised illustration.
10. Limited warranties
10.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
10.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
10.3 To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
11.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
(a) any breach by you of any provision of these terms and conditions; or
(b) your use of our website.
13. Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise;
(g) delete, unpublish or edit any or all of the content that you have stored, posted or published on our website; and/or
(h) suspend or delete your account on our website.
13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14. Third party websites
14.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
14.2 We have not control over third party websites and their contents, and subject to Section 11.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
15. Trade marks
15.1 Our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
15.2 The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
16.1 We may revise these terms and conditions from time to time.
16.2 The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions
17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19. Third party rights
19.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
19.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
20. Entire agreement
21. Law and jurisdiction
21.1 These terms and conditions shall be governed by and construed in accordance with English law.
21.2 Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of England.
22. Our details
22.1 This website is owned and operated by www.equityreleasecalculator.net
22.2 Our principal place of business is at Genesis Centre, Science Park South, Cheshire. WA3 7BH
22.4 You can contact us by writing to the business address given above, by using our website contact form, or by email to email@example.com