Terms & Conditions
Terms and conditions for the use of the Optimum Financial Group Ltd website
Please read these terms and conditions carefully, as they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.
1. Introduction
1.1 This Website is controlled and operated by us from our offices at Optimum Financial Group Ltd, 8 Melbourne Business Court, Millennium Way, Pride Park, Derby, DE24 8LZ, TEL 0800 197 42 67, FAX 0870 770 88 33. Please read these terms and conditions carefully before using this website operated by Optimum Financial Group Ltd ('our', 'we' or 'us'). In particular, we draw your attention to clauses 4 (Applicability of online materials) and 7 (Liability). By accessing or using this website ('our Website' or 'the Website') you agree to be legally bound by these terms and conditions as they may be modified and posted on our Website from time to time. You must be over 18 years to use our website.
2. Nature of our Website
These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
2.1 Our Website allows you to review information, select and order various customized and standard mortgages (the 'mortgages').
3. Modifications to Website
3.1 We reserve the right to make changes or corrections to our Website in order to keep in line with the mortgage products offered by lenders or otherwise alter, suspend or discontinue any aspect of our Website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these terms and conditions.
3.2 Please note that although we try to ensure that the content of our Website is accurate, at the time of going to the Internet and /or publication our Website may contain typographical errors or other involuntary inaccuracies.
4. Applicability of online materials
4.1 Unless otherwise specified all content and materials published on our Website are presented solely for your private, personal and non-commercial use.
4.2 Where content published on the Website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to mortgage products that are advertised on our Website. You assume total responsibility and risk for your use of our Website and use of all information contained within it.
4.3 We have used our reasonable endeavours to ensure that our Website complies with UK law. However, we make no representations that the information on our Website is appropriate or available for use in locations outside the UK. Those who visit our Website from other locations do so on their own initiative and are responsible for compliance with all applicable laws
4.4 Optimum Financial Group Ltd makes no representations and gives no warranties, expressed or implied that making mortgages, quotations, or agreements available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making mortgages, quotations, or agreements or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those mortgages, quotations, or agreements are not offered to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to enter into such mortgage agreements. Optimum Financial Group Ltd accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the entering into or contemplation of entering into any mortgage agreement by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
5. Linked sites
Optimum Financial Group Ltd makes no representations whatsoever about any other websites that you may access through our Website or which may link to our Website. When you access any other website you understand that it is independent from Optimum Financial Group Ltd and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Optimum Financial Group Ltd endorses or accepts any responsibility for the content, or the use of, such a website and Optimum Financial Group Ltd shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator.
6. Availability of our Website
We will try to make our Website available but cannot guarantee that our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, get unauthorised access, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
7. Liability
7.1 We promise that for any mortgage quotation and /or mortgage product detailed on our Website:
- We have the right to arrange the mortgage for you; and the mortgage will substantially correspond with the description we have given to you.
- We also promise that any service we provide to you will be provided with reasonable skill and care.
- We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any mortgages (including without limitation), our website or any information or service provided through our website.
- We will do our best to ensure that all materials and information published on our Website are accurate, but please note that all content, materials and information on our Website are provided on an 'as is' basis and you assume total responsibility and risk for your use of our Website and use of all information contained within it.
7.2 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our Website or its contents other than as a direct result of entering into a mortgage agreement (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions in addition to those expressed and implied by the mortgage agreements' own terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Optimum Financial Group Ltd or our servants, agents or any other person or entity.
7.3 If we are liable to you for any reason, our liability will be limited to the sum of £1.00 (one British pound only). This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
7.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient security procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
7.5 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
8. General
8.1 We may assign, transfer or subcontract any or all of our rights and obligations under these terms and conditions at any time.
8.2 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
8.3 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
8.4 Except in respect of a payment obligation, neither you nor Optimum Financial Group Ltd will be held liable for any failure to perform any obligation to the other due to causes beyond your or Optimum Financial Group Ltd' respective reasonable control.
8.5 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.