Terms of use

These terms of use ("Terms") together with our privacy policy ("Privacy Policy") tell you the terms of use on which you may make use of our website www.clearandfair.co.uk ("our site") as a guest. Please read these terms of use carefully before you start to use the site. By accessing and using our site, you indicate that you accept these and the Privacy Policy and that you agree to abide by them. If you do not agree to these Terms or the Privacy Policy, please refrain from using our site.

Information about us

www.clearandfair.co.uk is a site operated by APFIN LTD trading as www.clearandfair.co.uk ("We"). We are a private limited company registered in England and Wales under company number 07989136 and have our registered office at 3rd Floor, 12 Gough Square, London, EC4A 3DW.

APFIN LTD is authorised and regulated by the Financial Conduct Authority (FCA) and has permission from the FCA to carry on a consumer credit business and is on the Financial Services Register (FCA reference number 673186). You can contact the FCA at consumer.queries@fca.org.uk or 12 Endeavour Square, London, E20 1JN.

Enquiries concluded through our site

You must not use our service unless you are an individual resident in England, Wales or Scotland and are at least 18 years old.

We will use all reasonable endeavours to meet any performance dates or times specified in our site, but any such dates and times will be estimates only. We will have no liability to you for any delay in providing our services which is caused by your acts or omissions, including failure to provide any information requested by us.

We will use reasonable care and skill in providing our services to you.

It is your responsibility to ensure that the information provided by you during the enquiry, or otherwise provided to us in relation to our service, is complete and accurate, and you agree to provide us with such information and materials as we may reasonably require in order to supply the services.

Nothing in these Terms or on our website obliges us to arrange or provide you with credit once an enquiry has been made through our website.  Our site and any content contained within our site is not an offer by us to supply any financial services or advice in respect of financial services.

Information about you and your visits to our site

We process information about you in accordance with our Privacy Policy. When you make an enquiry through our site, we may pass your data to third parties such as financial institutions in order to provide you with the services you have requested. We may also, when you consent to this, provide your data to third parties for marketing purposes. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Reliance on information posted

Nothing on our site is intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Any prices shown on our site are not an offer to you to provide any products or services at that price. Prices shown on our site can change at any time, even after you have submitted your enquiry to us.

Accessing our site

We reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

If you choose, or you are provided with, a user identification code, password or any other piece of information to access restricted areas of our site 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.

Permitted uses

You are only permitted to access and use our site for your personal and non-commercial purposes in accordance with these Terms. You may not use our site:

1. in any way that breaches any applicable local, national or international law or regulation;
2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms.
4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

We reserve the right to prevent you using our site if you breach these Terms.

We will co-operate in full with any court order or law enforcement authority which requires us to disclose the identity or location of any person using our site for illegal or fraudulent purposes.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

All intellectual property rights in or arising out of or in connection with our provision of services to you shall be owned by us.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Changes to our site and our services

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

We have the right to make any changes to our services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the quality or nature of the services and we will notify you of such changes.

Our liability

While we will use reasonable measures to ensure that the material on our website is accurate and up to date, we cannot guarantee that this will be the case and will not have any responsibility for ensuring that such materials are accurate and up to date. Data which is shown on our site is provided by third parties and we do not check it for accuracy or completeness.

We will use reasonable measures to try to prevent any viruses or technologically harmful materials infecting our site but cannot guarantee this. We will not be responsible 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.

Our site contains various materials and resources which may be relevant to you such as information on personal financial management. This is provided for information only and does not constitute investment or other financial advice, and you should not rely on this information. We will not be liable for any losses or consequences arising out of reliance on such information, by you or a third party.

We will not be responsible for any losses or damages which you suffer as a result of use of, or any inability to use the website, whether we could reasonably foresee those losses occurring or not. This will include any losses of data, and includes any claims in contract, tort or negligence, though nothing in these Terms will limit our responsibility to you for any death or personal injury which is caused by our negligence, or for any fraud on our part.

We will have no liability to you in any circumstances whatsoever for any loss or damage you may suffer arising out of or in connection with our provision of services to you, unless such loss was caused by our negligence or intentional misconduct and the loss was reasonably foreseeable by both of us at the time the services were provided. We will not, in any circumstances, have any liability for indirect or consequential losses, which means losses which were unforeseeable by both of us; or for any loss of profit or loss of business (whether foreseeable or not).

Except as set out in these Terms, we exclude all warranties, conditions and other terms implied by statute or common law to the fullest extent permitted by law.

We will have no liability to you as a result of any delay or failure to provide the services as a result of any event beyond our reasonable control.

These Terms do not take away any rights you may have under consumer law. For more information contact your local Citizens Advice Bureau (http://www.citizensadvice.org.uk/).

Viruses, hacking and other offences

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.

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.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and applicable law

Any claim arising from, or related to, a visit to our site will be brought in the courts of England, Wales or Scotland, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

General

No failure or delay in exercising any right or remedy under these Terms or by law will constitute a waiver of that right or remedy or prevent its future exercise.

If a court or other competent authority finds that any provision of these terms is invalid, illegal or unenforceable, that provision (or part thereof) will be deemed deleted to the extent required, and the validity of the other Terms shall not be affected.

Your concerns

If you are not satisfied with any of our products or services or if you have any concerns about material which appears on our site, please send us an email to info@clearandfair.co.uk. Please see our Complaints Policy for more details.

Thank you for visiting our site.

Date these terms were last updated: 25th July 2018

Version: 1.2