Thank you for visiting capitalassure.co.uk

Below you’ll find a few important things you need to know about us and your use of our services. Please read these terms and conditions carefully before you start to use our services.

Information about us

Capital Assure is an appointed representative of PRIMIS Mortgage Network. PRIMIS Mortgage Network is a trading style of Personal Touch Financial Services Ltd which is authorised and regulated by the Financial Conduct Authority

Capital Assure and is entered on the Financial Services Register under reference number: 913865

Capital Assure is licenced by the Information Commissioners Office, (registration number ZA500548)

The Capital Assure service

We provide a number of services via telephone, online and by other means. In asking us to provide you with a service(s) you are also entering into an agreement with us.

By entering into an agreement with us you are accepting our terms and conditions and agree to abide by them.

We acknowledge our obligations to this agreement by performing the service you have requested. In doing so we are the service provider and you are our customer.

We deal directly with the customer and have no obligation to any party other than our customer.

If you are accessing our service on behalf of a 3rd party our obligation is still with you, the customer. And as our customer the terms and conditions of this agreement apply to you, the customer and no other parties or agents connected to you.

Accessing and using our website

Access to our website is permitted on a temporary basis, and, as explained below, we reserve the right to withdraw or amend the service we provide on our website without notice. We will not be liable if for any reason our website is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information 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 and conditions.

You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and conditions, and that they comply with them.

Intellectual property rights

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

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

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.

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

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

Service Limits

We act as a credit broker to our customers. On behalf of the customer we locate lenders and providers of financial services which offer loans or offers of finance.

We work alongside a number of loan, finance providers and other credit brokers (“Our Partners”). These are the companies and organisations that we use to help find loans and offers of finance for our customers.

We do not provide loans or finance and do not represent the interests of or act on behalf of any of Our Partners.

Once a customer enters into an agreement with us and accepts our terms and conditions, we act as the customer’s credit broker for a period of 6 months. This period allows us the chance to try and find a loan or offer of finance required by the customer.

Our customers are protected under the Consumer Credit Act 1974 (as amended) (“CCA”) and all of the lenders and financiers we work with to find loans for our customers are authorised and regulated by the Financial Conduct Authority.

To find out more information about how the CCA protects the rights of consumers contact the Trading Standards Institute www.gov.uk/find-local-trading-standards-office or the Citizens Advice Bureau www.citizensadvice.org.uk

Examples of rates, amounts borrowed and repayment periods given on our website are provided by way of offering a representative example of the product to help the customer understand the products on offer.

We do not provide the representative examples as any form of assurance of what any of Our Partners will actually offer the customer, or as any guarantee that the customer will be approved for finance by Our Partners.

The decision to provide customers with loans or offers of finance lies with Our Partners alone and will depend on many things including a lender’s assessment of a customer’s credit worthiness by taking into account their credit history.

Material on the website

This website and the information, names, images, logos regarding or relating to us are provided ‘as is.’ Commentary and other materials posted on our website are not 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 website, or by anyone who may be informed of any of its contents.

Financial information

Articles and information contained on our website pertaining to financial services available on the market and their use and the management of personal finances are presented as opinion only and are not presented as financial advice. Users of our website and services requiring financial advice are advised to seek information from a registered and qualified Independent Financial Adviser (IFA).

Our website changes regularly

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

Our liability

The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Communications from or on behalf of Capital Assure

We will contact customers by telephone, SMS, email and post about relevant products and services related to us, our associated companies and/Our Partners unless the customer has told us that they do not want to be contacted about these or other promotions.

By using our services to request a quote for a financial service or product, the customer will be contacted by Our Partners by telephone, SMS, email, fax and/ post in order to provide them with that particular financial service or product.

Checks and references

We do not carry out credit checks on customers when loan and finance applications are made or when customers register with our service.

However, Our Partners who will try to find loans and finance on behalf of customers may use external credit reference agencies and credit scoring services to ascertain that the customer is eligible for a loan or finance and meets the criteria of Our Partner.

Credit checks and credit reference agencies can also help prevent fraudulent applications so by proceeding with your application you agree to Our Partners using data provided for the purpose of preventing fraud and ensuring the customers identity is as claimed. This data may be used by a Credit Reference Agency or Fraud Agency and these agencies may keep a record of your information.

Information provided by the customer must always be true and accurate as misleading information will be regarded as a breach of our terms and is likely to breach any agreement the customer has entered into with Our Partners. Furthermore, misleading information may also result in the instigation of criminal procedures against the customer.

If the customer has authorised any 3rd Parties to access the service on behalf of the customer instructions issued by authorised 3rd parties will be contractually binding on the customer on whose behalf the 3rd Party is acting.

Should the customer choose to make a joint application for a loan or finance via our site each party will be dealt with as a customer acting with the consent of the other and if correspondence is entered into with one party of the joint application it shall be assumed that the communication is with both parties.

Exclusions

The obligations and responsibilities of any breach of contract of or by us does not extend beyond the agreement with the customer and does not include any obligation to any bank, counter party, intermediary or other third party connected to the customer.

The customer takes full responsibility for any loss or damage incurred through the provision of misleading or incorrect information to us by the customer.

Should loss arise from our non-performance there will be no liability held against us if this is caused by something beyond our reasonable control, including changes in the law or regulations affecting our normal operations.

Apart from provisions expressly covering associate companies, nothing in these terms is enforceable by anyone who is not a party to them.

Information about you and your visits to our website

We process information about you in accordance with our Privacy Policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.

Viruses, hacking and other offences

You must not misuse our website 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 website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website 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 website will cease immediately.

We will not be liable 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 website or to your downloading of any material posted on it, or on any website linked to it.

You must not establish a link from any website that is not owned by you.

Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our website other than that set out above, please contact us.

Links from our website

Where our website 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.

Applicable law and jurisdiction

These terms and conditions 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 laws of England and Wales or by Scots Law if you are resident in Scotland at the time of entering an agreement with us.

Language

The agreement is in English and all communications between you and us will be in English.

Financial information

Articles and information contained on our website pertaining to financial services available on the market and their use and the management of personal finances are presented as opinion only and are not presented as financial advice. Users of our website requiring financial advice are advised to seek information from a registered and qualified Independent Financial Adviser (IFA).

Changes to terms and conditions

We may change these terms and conditions at any time by posting changes online. 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. By continuing to use the site after changes are posted you are accepting our new terms and conditions. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our website.