Terms and Conditions of Use of the "Defaqto.com/consumer" and "Sippsupermarket.com" websites

These terms and conditions detail how the Defaqto.com/consumer and Sippsupermarket.com websites (the "Websites") can be used. If you use the Websites you agree to be bound by these terms and conditions. From time to time, we may change these Terms and Conditions, the Privacy Policy and any other terms and conditions applicable to the Websites or to any services offered by DefaqtoMedia Limited. By using the Websites and such services, you are deemed to have accepted any such changes.

GENERAL

Definitions

In these terms and conditions, "we" and "us" mean Defaqto.com/consumer and Sippsupermarket.com which are trading names of DefaqtoMedia Limited (company number 3058061) whose registered address is Caledonia House, 223 Pentonville Road, London N1 9NG.

1. Access to the Websites and content

We will endeavour to allow uninterrupted access to the Websites, but access to the Websites may be suspended, restricted or terminated at any time.

We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the Websites from time to time.

We assume no responsibility for the content or services of any other websites to or from which the Websites have links.

2. Our service

We grant you a non-exclusive, revocable, non-transferable licence to use the software on our server to access and collect information from the websites of third party providers as permitted by use of our service.

Using our service allows you to access software on our server which you are licensed to use (as set out in clause 3) to obtain information held on our websites or from the websites of third party providers. When you use the service, you may cause our software to send a request to the third party providers for information regarding products and/or services. You acknowledge and agree that when you access and collect information from the third party sites using our software, you do so on your own behalf and that you have not appointed us to act as your agent. We simply make our service and software available to you by which you may access such third party sites.

The Websites and content therein have been specifically designed for use solely in the United Kingdom because the content relates to products and services available to residents of the United Kingdom only. You must not use the Websites or content in countries where it is restricted or prohibited by local laws, regulations, codes or customs.

3. Intellectual Property

The copyright and all other intellectual property rights in the material contained in the Websites, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to us or our licensors. All rights are reserved. None of this material may be reproduced or redistributed without our prior written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.

You shall retain ownership of the data you submit to the Websites. You grant us a world-wide, royalty-free, non-terminable licence to use, keep, share, save, collect, copy, distribute, publish and transmit such data in any manner.

4. Disclaimer

DefaqtoMedia Limited is authorised and regulated by the Financial Services Authority (FSA FRN 435537) to conduct the regulated activity of introducing and arranging Investments, Mortgages and Insurance.

The Financial Services Authority is the principle regulatory body for Financial Services in the UK. They can be contacted at

The Financial Services Authority

25 The North Colonnade

Canary Wharf

London

E14 5HS

Tel: 020 7066 1000

Or by visiting their website http://www.fsa.gov.uk/Pages/Doing/Contact

Nothing within the Websites are, or shall be deemed to constitute, financial or other advice or a recommendation to purchase any product or service. Any and all information provided within the Websites is for general information purposes only. We strongly recommend that independent professional advice is obtained before you purchase any product and/or service via the Websites. Not all products and services on the Websites are regulated by the FSA.

5. Exclusions of liability

We use reasonable endeavours to ensure that the data on the Websites is accurate and to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Websites will be fault free and we do not accept liability for any errors or omissions.

We do not monitor, verify or endorse information submitted by us or third party providers for inclusion on the Websites and you should be aware that such information may be inaccurate, incomplete or out of date. In particular, we do not monitor, verify or endorse the information or quotations collected from the product and service providers as presented to you on the results page. To the extent permitted by applicable law, we disclaim all warranties, terms and representations (whether express or implied) as to the accuracy of any information contained on the Websites.

We do not give any warranty that the Websites are free from viruses or anything else which may have a harmful effect on any technology.

Due to the nature of electronic transmission of data over the internet, any liability we may have for any losses or claims arising from an inability to access the Websites, or from any use of the Websites or reliance on the data transmitted using the Websites, is excluded to the fullest extent permissible by law.

Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or for our fraud, or excludes or limits our duties or any liability under the Financial Services and Markets Act 2000, as amended, ("FSMA") or any conduct of business rules developed pursuant to FSMA.

Subject to the liability which we accept above: (a) our aggregate liability to you arising out of or in connection with this agreement or use of the Websites shall not exceed £100; and (b) we shall not be liable in contract, tort or otherwise howsoever arising out of or in connection with this agreement or use of the Websites for any indirect loss *, consequential loss, loss of profits, data, revenue, business opportunity, anticipated savings, goodwill or reputation.

* For losses that were not foreseeable to both parties when the contract was made * For losses that were not caused by any breach on part of the supplier * For business losses and/or losses to non consumers.

The clauses in 5 above do not affect your statutory rights.

Some channels will provide you with access to third party sites who will host reviews about some of the products and services available. In some instances you may also be able to access user reviews directly on the Websites. Regardless of whether you are transferred to a third parties site or read a user review on our site, the views expressed therein do not represent the views of DefaqtoMedia Limited or any of its associated companies and DefaqtoMedia Limited are not responsible for the accuracy of any such views or expressions.

6. Exclusion of liability for third party providers' products and services

You can apply for and buy a number of products and services via the Websites. Please be aware that the majority of products and services that appear on the Websites are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services before contracting with the third parties. We accept no liability for any products or services or information provided by third party providers. The third party providers will be supplying products and services on their own standard terms and conditions and you should check that you agree to those terms and conditions before making an application for financial services products or purchasing other services.

As you view the Websites there may be references to specific terms and conditions which apply to certain products or services. In such circumstances, it is your responsibility to refer to such terms and conditions applicable to those offers.

Clause 6 does not affect your Statutory Rights as a consumer.

7. Your obligations

You warrant that you have taken all reasonable precautions to ensure that any data you submit to the Websites are true and accurate and free from viruses and anything else which may have a contaminating or destructive effect on any part of the Websites or any other technology.

You acknowledge and agree that you may be required to complete a registration process. This includes the creation of a password in order for you to access your mydefaqto account; a service on this site you may register to save and access searches you have made on this site and to store personal data.

You warrant that all information provided on registration of mydefaqto and otherwise provided by you on this site shall be true, complete and accurate. You agree to immediately inform us if your information changes.

Any password allocated to, or created by you to enable you to use the services provided by this site shall be kept strictly confidential by you. You agree to keep this password safe and not to disclose it to anyone. You agree to immediately notify us if any unauthorised third party becomes aware of that password. You agree that any person to whom your [username or password] is disclosed is authorised to act as your agent on this site. You agree to take all steps necessary to prevent unauthorised access to your mydefaqto account via any computer used to access your account.

Upon acceptance of the Terms and Conditions for mydefaqto, your email address must be validated before your account can be activated for future use. An email will be dispatched to the e-mail address you supply with instructions on how to do this.

You must not at any time:

  • prevent, restrict or inhibit any other user from using the Websites or Content ;
  • post or transmit on the Websites any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, racist, sexist, or otherwise objectionable information, content or materials of any kind (including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable laws, rules, regulations, codes of conduct or market conventions);
  • post or transmit on the Websites any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial messages or engage in spamming or flooding; or 
  • copy, upload, download, post, publish, transmit, reproduce or distribute in any way, Content or any other information or material appearing on the Website (including, without limitation, any text, data, software, graphics or programming code) without our prior written consent.

You agree that we may immediately terminate your ID and Password if you fail to comply with any of these Terms of Use.

8. Payment

You shall pay any registration fees and/or other charges incurred by you in accordance with the payment provisions set out on the Websites from time to time.

Full payment for products where required should be made at the time of booking, in the secure area of the Websites. Payment methods other than those stated on the Websites will not be accepted.

9. Data protection

We are committed to protecting your privacy. Our privacy practices are set out in our Privacy Policy. We may disclose your details or access your account if required to do so by law, by the Financial Services Authority, the Office of Fair Trading or any other applicable regulator, compliance monitor, Governmental or law enforcement agency.

10. Termination

We may terminate or suspend your access to the Websites and the services within it at any time.

All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.

11. General

The content of the Websites is directed solely at those who access the site from the United Kingdom. We make no representation that any product or service referred to in the Websites is available or otherwise suitable for use outside of the United Kingdom.

The Websites are for your non-commercial, personal use only and must not be used for business purposes. For clarification this does not include where the area of interest is business finance.

If any provision of this agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.

If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.

We may modify these terms and conditions at any time. Your continued use of the Websites signifies your acceptance of such modifications.

Except as set out below in this clause, neither party may assign or transfer any of its rights under these terms and conditions without the prior written consent of the other.

We may assign or transfer our rights under this agreement pursuant to a re-organisation of trade or share sale, or to any company in the DefaqtoMedia Limited group of companies for our convenience.

Unless expressly provided in this agreement, no term of this agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

Governing law

These terms and conditions are governed by and construed in accordance with English law. Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which each party submits.

12. Transfer of Defaqto.com

If either of or both of the businesses of Defaqto.com/consumer and Sippsupermarket.com are transferred to another provider for any reason, we may transfer to the new provider any information which we have obtained from you in connection with your use of the Websites, providing the new provider undertakes (in terms which are enforceable by you) to hold if in accordance with the Privacy Policy.