The following are the terms and conditions of use of the OPLS website and call centre. Please read these terms and conditions carefully before you use the OPLS website or call centre.
By using the OPLS website or call centre you indicate that you accept these terms and conditions and that you are a customer not a business acting on behalf of a customer. If you do not accept these terms and conditions or are acting on somebody’s behalf you must not use the OPLS website or call centre.
(1) PARTIES
- This Agreement is made between you the customer (“Customer”) and Broker-Support Limited, Company No 2951351 registered in the UK having its registered office at Haig House, Haig Road, Knutsford, Cheshire WA16 8DX (“OPLS”);
- In this Agreement, unless the context otherwise requires:
- “Internet” - means the global data network comprising interconnected networks using the TCP/IP (“Transmission Control Protocol/Internet Protocol”)
- “Law” - means any law, statute or regulation, guideline or code of conduct (whether or not having the force of law) in any jurisdiction to which OPLS or the Customer is from time to time subject
- “Service” - means the intermediary service provided by OPLS via the OPLS website and/or call centre whereby the Customer may apply for a loan or other financial product and obtain impartial information on the Suppliers and the services and products they offer
- “Software” - means any proprietary software utilised by OPLS to enable the Customer to use the Service
- “Supplier” - means any supplier of services, products and/or goods selected by OPLS from time to time and who is listed on the OPLS website
- OPLS reserves the right to amend these terms and conditions at any time. All amendments to these terms will be posted on-line. The Customer may terminate the Agreement by written notice to OPLS if the Customer does not wish to be bound by such new terms and conditions. Continued use of the Service or the OPLS website will be deemed to constitute acceptance of the new terms and conditions.
(2) SERVICE
- Use of the Services, the OPLS website and the OPLS call centre are subject to the terms and conditions set out in this Agreement.
- The Service is made available to Customers solely to communicate information to Suppliers that is necessary to obtain quotations from Suppliers or transact with Suppliers. OPLS will assist Customers to obtain loans but will not be party to any such transactions with Suppliers and all such transactions are subject to the terms and conditions of the relevant Supplier and OPLS shall in no circumstances have any liability whatsoever in respect of any such transaction. OPLS will not be responsible for any loss, cost or damage incurred by Customers arising out of or in relation to the transaction or attempt to enter into a transaction (including but not limited to failure to transmit or deliver any services, products or goods).
- The Customer acknowledges that where relevant OPLS may pass his or her details to Suppliers or potential suppliers for the purpose of attracting offers to supply financial services from such Suppliers or potential suppliers. By using the Service the Customer is providing consent for OPLS to send such details to Suppliers or potential suppliers.
- a) OPLS does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Services on or accessed via the OPLS website, the OPLS call centre or otherwise sent to the Customer and the Customer agrees that sole responsibility for the accuracy, completeness, fitness for purpose or legality of information relating to Supplier's information, goods or services shall rest with the Supplier.
- OPLS will use all reasonable endeavours to ensure that the information relating to Suppliers' products and the cost of such products is updated regularly. However, the Customer acknowledges that the cost of a product might not be updated every day by the Supplier and that it is the Customer's responsibility to verify prices with the Supplier.
- OPLS does not guarantee to provide the Service free of faults. In the event of a fault in the Service, the Customer should report it by telephone on the support number provided to the Customer.
- OPLS does not warrant that the Customer's use of the Service will be uninterrupted and does not warrant that any messages or information transmitted via the Service will be transmitted accurately, reliably, in a timely manner or at all. OPLS reserves the right to make the Service unavailable at any time, or to restrict access to parts or all of it without notice.
- OPLS may at any time withdraw any Supplier (or any product or service of a Supplier) from the Service.
- Without limitation, the Customer undertakes not to use or permit anyone else to use the Services or OPLS website:
- to send or receive any material which is grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
- to cause annoyance, inconvenience or needless anxiety;
- to intercept or attempt to intercept any communications transmitted by way of a telecommunications system; other than in conformance with accepted Internet practices and practices of any connected networks; or
- in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
- If the Customer uses (or anyone other than the Customer, with Customer's permission uses) the Service in contravention of this Agreement, OPLS may suspend the Customer's use of the Services.
- If OPLS suspends the Services, it may refuse to restore the Services until it receives an assurance from the Customer, in a form deemed acceptable by OPLS that there will be no further breach of the provisions of this Agreement.
- Title, ownership rights and intellectual property rights in and to the content accessed using the Services is the property of the applicable content owner or Supplier and may be protected by applicable copyright or other law. The Agreement gives the Customer no rights to such content.
- The following uses of the Services are expressly prohibited:
- resale of the Services and/or the Supplier's services, products and/or goods without the prior written consent of OPLS or the relevant Supplier;
- furnishing false data including but not limited to false names, addresses and contact details and fraudulent use of credit/debit card numbers;
- attempting to circumvent OPLS’s security or network (“cracking”) including, but not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorised to access, or probing the security of other networks (such as running a SATAN scan or similar tool);
- executing any form of network monitoring which will intercept data not intended for the Customer;
- malicious e-mail, including, but not limited to, “mail-bombing” (flooding a user or site with very large or numerous pieces of e-mails); and
- entering into fraudulent transactions with Suppliers (which shall be include but not be limited to entering into transactions purportedly on behalf of a third party where the Customer has no authority to bind that third party or the Customer pretending to be a third party);
- unauthorised use, or forging, of mail header information.
- The Customer warrants that all information provided on registration and during the course of this Agreement is true, complete and accurate and that the Customer shall promptly inform OPLS of any changes to such information.
(3) INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements) whether registered or unregistered) in the OPLS website, information and content on the OPLS website, any database operated by OPLS and Software shall remain the property of OPLS and the Customer shall not obtain, and shall not attempt to obtain any title to any such intellectual property rights.
- No part of the Service may be reproduced in any form or used in any other way except in accordance with these terms and conditions.
- OPLS grants the Customer a non-exclusive non-transferrable licence to use the Software solely in executable form and only to the extent necessary for use of the Service and for no other purpose.
(4) BREACHES OF THESE TERMS BY CUSTOMER
- The Customer shall compensate OPLS in full for each loss, liability or cost incurred by OPLS arising out of:
- any claims or legal proceedings arising from the Customer's use of the Services which are brought or threatened against OPLS by any other person; or
- any breach of this Agreement by the Customer.
(5) DISCLAIMERS AND LIMITATION OF LIABILITY
- OPLS will accept liability for death or personal injury caused by OPLS’s negligent acts or omissions, or those of its employees, agents or contractors acting in the course of their employment.
- OPLS will use its reasonable endeavours to ensure that information provided to it by Suppliers is accurate but we cannot guarantee the accuracy, completeness, legality or suitability for the Customer’s needs of any information accessed using the Services.
- OPLS will accept liability for the transmission or the reception of, or the failure to transmit or to receive, material except where such transmission, reception or failure is caused by or relates to third party or Customer systems.
- Except for the circumstances set out at clauses 5.1 and 5.2 above, OPLS will not be liable for any loss or damage suffered as a result of any use of the Services, including any direct loss or damage, and any loss or damage which could not be contemplated by the Customer and OPLS at the time of the Customer’s use of the Services. OPLS also has no liability for any failure by a Supplier to supply its services properly or at all. That liability rests with the Supplier with whom the Customer has contracted. In the event the Customer is using the Services for commercial purposes, no liability for loss of revenue, profits or other economic loss, or for corruption or destruction of data, arising out of a breach of this Agreement can be accepted by OPLS.
(6) DATA PROTECTION
- OPLS shall comply with all applicable data protection laws in the UK. For a description of how OPLS uses personal data the Customer should refer to OPLS’s privacy policy.
(7) JOINT VENTURE / AGENCY
- Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between the Customer and OPLS and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
(8) DELEGATION / ASSIGNMENT
- The Customer shall not assign or delegate or otherwise deal with all or any of its rights or obligations under this Agreement. OPLS shall have the right to assign or otherwise delegate all or any of its rights or obligations under this Agreement to any person or entity.
(9) LINKS TO THIRD PARTY WEBSITES
- The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that OPLS is not responsible for the content or availability of any such sites.
(10) FORCE MAJEURE
- OPLS shall not be liable for any breach of its obligations under this Agreement where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including without limitation by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
(11) AGREEMENT / WAIVER / NOTICES
- This Agreement represents the entire understanding between the parties in relation to the subject matter herein and supersedes all other agreements or representations by either party, whether oral or written.
- No waiver by OPLS of any future defaults, whether of a like or different character and no granting of time or other forbearance or indulgence by OPLS to the Customer shall in any way release, discharge or otherwise affect the liability of the Customer under this Agreement.
- Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than for the purpose of legal process) sent by fax or pre-paid post to the Customer at the address supplied to OPLS or to OPLS at its address as specified on the OPLS website.
(12) GOVERNING LAW
- This Agreement shall be governed by and construed in accordance with the laws of England and Wales and both parties hereby submit to the non-exclusive jurisdiction of the courts of England and Wales.
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