Terms and Conditions of Use
Last Updated: 10 July, 2016
TERMS AND CONDITIONS
The whole of these Terms & Conditions of Use is an Agreement (the “Agreement” or the “Terms and Conditions of Use”) between TdotUK Limited (the “Company” or “we”) and you (hereinafter “You” and/or “Your”), as the user of this website (the “Site”) and for the Company’s Services, and governs Your access to and use of this Site.
Please read this Agreement in its entirety before using the Site. If You do not agree to the terms of this Agreement, please do not use this Site or the Company’s Services.
The Site is operated by the Company, which is a limited company registered and incorporated under the laws of England and Wales with company registered number 09225672. It has its registered office at Platinum House, Suite 5, 23 Hinton Rd, Bournemouth BH1 2EF, United Kingdom. It is authorised and regulated by the Financial Conduct Authority (“FCA”), with reference number 688026.
The Company is also registered with the Information Commissioner’s Office under registration number ZA128431.
The Company’s Services
The Company is a registered credit broker and facilitates the connection of consumers interested in loan amounts between £100 and £1000 with participating lenders (the “Lenders”) (the “Services”). The Company is not a Lender and does not make consumer loans or credit decisions. Among other things, the Site allows users to register as marketing affiliates or network Lenders, assess their compliance with applicable law, and contact the Company with questions about our Services. Consumers should contact their Lender directly questions about their loan. Nothing on the Site should be construed as financial or legal advice, and any affiliated sites are subject to their own terms and conditions.
How We Contact You
By accessing or using the Site, you consent to be contacted by a representative of the Company by telephone, standard mail, or e-mail. Accordingly, unless You state otherwise, we will contact you by telephone, email, SMS, and via post through our affiliate and Lender management systems, where applicable. We will only contact you in order to provide you with updates relating to our services or information concerning your account. To change your contact preferences, please contact us at firstname.lastname@example.org.
By accessing or using the Site, You agree to be solely responsible for and to abide by all applicable laws, regulations, rules, and guidelines with respect to your use of the Site. You agree to assume all responsibility for your use, and the results of your use, of the Site, including meeting any requirements of your contracts with third parties or other persons.
You understand that You are solely responsible for updating Your account information. The Company will not be responsible for any loss or damage incurred as a result of providing inaccurate or incomplete information, or failing to update old information (including contact or banking information).
Your Use and Access
We reserve the right to amend or suspend our services or Site content without prior notice to You. We cannot be held liable if the Site is unavailable for any period of time. You are responsible for keeping your user name and password confidential.
You agree not to misuse the Site by attempting to disable or circumvent security measures on the Site, or by knowingly introducing malware onto the Site’s servers (including viruses, trojans, worms, or any other material that is harmful to the Site, the Company, or its users). By breaching this provision, you may be committing a criminal offence. We report all breaches to the relevant law enforcement agencies, and will ban users who are suspected of abusive practices.
You are further prohibited from permitting any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by the Company for use of, or in connection with the Site.
The copyright and material on this Site is the property of the Company and is protected by the copyright laws of the United Kingdom. TdotUK provides You with a limited, non-exclusive, non-transferable, and non-sublicenseable license to use the Site solely for your personal use or your internal business purposes.
This foregoing license is limited. You therefore may not (i) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Site (or any part thereof) in any manner not expressly permitted in these terms, (ii) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Website (or any part thereof); (iii) access, link to, or use any source code from the Website (or any part thereof); or (iv) erase or remove any proprietary or intellectual property notice contained in or on the Website (or any part thereof). In addition, You acknowledge and agree that exceeding the scope of the license herein shall be a material breach of these terms and subject to the termination provisions set forth herein.
The contents of the Site, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, presentations in any format, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Site (collectively, “Material”) unless otherwise indicated, are owned, controlled, and licensed by TdotUK or its licensors, and is protected by the copyright laws of the United Kingdom. Any rights granted hereby are expressly licensed. The Company does not grant any implied right to You or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Website (or any part thereof) to You or anyone else. Your unauthorised use of the Site (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.
You shall not, nor will You allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of the Company, or its owner if the Company is not the owner. All names, logos, and icons identifying the Company, and its products and services are proprietary trademarks of the Company (or its affiliates), and any use or alteration of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of the Company, is strictly prohibited.
If You wish to become an affiliate marketer on the TdotUK Affiliate Network, You must complete one or more online registration forms that request specific information from You, including, but not limited to, your name, address, and phone number. The Company holds sole and absolute discretion over whether or not to accept prospective affiliate marketers on our network. Nothing on the Site should be construed as an offer or guarantee of acceptance by the Company. No Affiliate relationship is established between You and the Company until You sign a separate Affiliate Agreement outlining your rights and obligations.
If wish to become a Lender on the Company’s network, You must complete one or more online sign up forms that request specific information from you, including, but not limited to, the company name and authorisation information, representative contact name, and phone number. The Company holds sole and absolute discretion over whether or not to extend You an offer to become a participating Lender on our network. Nothing on the Site should be construed as an offer or guarantee of acceptance by the Company. No relationship between the parties is established until You sign a separate Lender Agreement outlining your rights and obligations.
By using the Site, You represent and warrant that (i) You are at least 18 years of age, (ii) You are authorized to enter into these terms and conditions; (iii) You will not use the Site or the Materials for any purpose or in any manner that violates any law or regulation or that infringes the rights of the Company or any third party; (iv) all information that You provide to us in connection with the Site (e.g., name, e-mail address, and/or other information) is true and accurate; and (v) You are authorised and able to fulfill and perform the obligations and meet the conditions of a user as specified in these Terms and Conditions of Use.
Third Party Sites
Links found on the Site relating to third parties are provided for your information only. We are not responsible for any loss or damage such links may cause due to your usage. External websites operate under their own terms and privacy policies, which differ from those found on this Site.
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE.” THE COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SITE OR SERVICES IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS WITH YOU. THE COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR BASED ON COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE INFORMATION PROVIDED BY THE CUSTOMER OR ANY THIRD PARTY IS ACCURATE OR COMPLETE, OR THE RESULTS TO BE ACHIEVED FROM USE OF THE SITE OR SERVICES, INCLUDING ANY SPECIFIC CUSTOMER CONVERSION RATES. YOU UNDERSTAND AND ACCEPT THAT LEADS AND CONTACT INFORMATION COLLECTED HAVE NOT BEEN SCREENED OR VALIDATED BY US AND ARE NOT GUARANTEED TO BE ACCURATE OR ERROR-FREE AND ALL RISKS OF CONDITION, USE, QUALITY, DESIGN, OR FITNESS ARE YOURS.
You acknowledge and agree that the Company shall not be liable or responsible for any claim, damage, or loss resulting, directly or indirectly, from Your use of the Site or any cause beyond the Company’s control, including, but not limited to, offers or promotions made available on the Site, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, governmental restrictions, or any claim, damage, or loss arising out of transactions or interactions between You, third party merchants or anyone else. You specifically acknowledge that the Company shall not be liable for defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You.
MOREOVER, YOU AGREE THAT IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, FOR LOST DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICES, OR FOR ANY INFORMATION OR MATERIALS AVAILABLE THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, THE TOTAL LIABILITY OF THE COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE, RESULTS FROM USE OF THE SITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND BRITISH POUNDS (£1,000.00), AS LIQUIDATED DAMAGES AND NOT AS A PENALTY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND EXCLUSIVE.
You agree to release, discharge, defend, indemnify and hold harmless the Company and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the delivery of products, services or information through the Site (collectively, “Indemnified Parties”), arising from, in connection with, or relating to, any breach of these terms by You, including breaches arising from Your use of the information obtained through the Site. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorised use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed through the Services or related website(s).
These terms shall be governed and construed in accordance with the laws of England and Wales, or by Scots Law if you are a resident of Scotland, with such courts having exclusive jurisdiction over any claim arising from, or relating to, your access to or use of this Site. We reserve the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant jurisdiction.
Any dispute arising out of or in connection with these terms shall be referred to and finally resolved by the London Court of International Arbitration (“LCIA”) and by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, United Kingdom. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of England and Wales (unless otherwise determined above). Where applicable, class members shall consent to class arbitration.
The Company reserves the right at any time and for any reason to terminate this Agreement with You (including any registered account). The Company shall not be liable for any damages or loss, such as loss of sales or profits, as a result of any termination of your access to the Site or to the network in accordance with this section. You may demonstrate your withdrawal of consent to these terms at any time by ceasing to use the Site. However, all applicable provisions of these terms will survive termination, as outlined below. Any licenses the Company has granted, and any right to use the Site, shall immediately cease upon termination of your Site access.
The Company welcomes your feedback and suggestions about our Site and our products or services. By transmitting any feedback or suggestions and any related information, material, or other content (collectively, “Feedback”) to the Company, You represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey such Feedback to the Company. Feedback will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content, and You hereby waive any claim to the contrary.
Rights of Third Parties
No rights accruing to the user of this Site shall extend to any third party, including any counterparty, intermediary, bank, or other third party that may be connected to the customer.
The provisions concerning Intellectual Property, Feedback, Disclaimers, Governing Law, Termination, and the Miscellaneous terms will survive the termination or expiration of any Agreement which you may make with the Company, of which these Terms and Conditions of Use form a part.
You may not assign or otherwise transfer this Agreement or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without the Company’s prior written consent. Any attempt of assignment, delegation, or transfer in violation of this Agreement shall be void, of no effect, and a material breach of this Agreement. Notwithstanding the foregoing, the Company may assign this Agreement in whole or in part.
Failure by the Company to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of that or any subsequent default or failure of performance. In the event any provision of these Terms and Conditions of Use is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, You agree that unless it materially affects the entire intent and purpose of this Agreement, the invalidity or unenforceability shall affect neither the validity of this Agreement nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision.
If you have a complaint in respect of the Services described in these Terms and Conditions of Use, you should write to the Head of Compliance at Platinum House, Suite 5, 23 Hinton Rd, Bournemouth BH1 2EF, United Kingdom. We shall investigate the situation and if necessary, attempt to put matters right as quickly as possible. Where appropriate, we shall also take steps to prevent a recurrence. However, if you remain dissatisfied and would like further information about our process for resolving complaints, please ask us for a copy of our complaints procedure, which is also available from the Site.
The Company reserves the right to change the terms and conditions of this Agreement and by which the Site is extended to You by providing You in writing or electronically a copy of such revised terms (or notice thereof). The Company also has the exclusive right to provide updates, upgrades, or changes to, or to suspend, discontinue, or modify any aspect of the Site at any time. Your continued use of the Site following any such change to such Site will be deemed acceptance to be bound by any such change to this Agreement or the Site. If You have any questions about these Terms and Conditions of Use and/or this Agreement, You may contact us via e-mail at: email@example.com, by telephone at 0808-189-0649, or in writing sent via certified mail to: TdotUK Ltd, Platinum House, Suite 5, 23 Hinton Rd, Bournemouth BH1 2EF, United Kingdom, Attn: Office of the General Counsel.
Nothing in this Agreement shall be construed or used to create or imply any relationship of partners, joint venturers, or employer and employee between You and the Company.