Customers Terms and Conditions

(April 2013)

Customer Agreement

These terms and conditions explain:

Our obligations to you, and your obligations to us

General Conditions

Introduction

Your agreement with us is contained in these conditions.

In this agreement 'you' and 'your' means the customer who has applied for any service with the company MoneyMaximiser limited trading as MoneyMaxim. The company MoneyMaximiser limited trading as MoneyMaxim may be referred to as 'we', 'us' or 'our'.

Our Services

Using our services allows you to access and collect information from our website and third party sites which can be accessed through our website, or can be accessed on your behalf by our customer support team. Third party sites can also make further searches on your behalf.

When using our telephone or face to face services you are acknowledging and accepting that we are making these searches on your behalf. You further acknowledge and accept that any searches carried out either directly by yourselves, or indirectly on your behalf are carried out on your behalf, and that you have not appointed us as your agent. We are just enabling you to access potential service providers through whichever route you have chosen.

Our rate and charges tracker services are provided on a 'to the best of our knowledge' basis. We will track products both on an adhoc basis, and through periodic reviews. We should not be relied upon to provide immediate notification of changes, as it could be some time before our next periodic review, and failure to provide information on any supplier does not open us to any liability for any losses suffered.

We use reasonable endeavours to ensure all information displayed on our site is correct but any information is subject to ratification by the ultimate supplier of the service, whose rates and terms are deemed to be those that take precedent. We cannot be held liable for any such variances.

When entering information into systems on your behalf MoneyMaxim will take due care, but cannot be held liable for any errors. It is essential that you carefully check any details of any product or policy prior to purchase to ensure the details are correct, the terms and conditions of the supplier or insurer are acceptable and that product or cover meets your needs.

Contacting each other

We may contact you by post, telephone (including text messages) or computer (which includes the internet and any form of electronic message made by any type of electronic advice) using the latest address, telephone number or electronic e-mail address you have given us. If you want to ensure others do not read e-mails we send to you must ensure adequate security is set up on your computer. We cannot be held responsible if any unauthorised person gains access to your e-mails. We will continue to use your last known addresses, so failing to advise us promptly of a change of details may put the security of your information at risk.

You can contact us by post, telephone or e-mail address using the appropriate address or telephone number. For security reasons some services may not be accessible over all channels.

We may record or monitor telephone calls and electronic communications (including e-mails and chat conversations) in order to verify our dealing with you and to make sure we are meeting the standards we set.

Giving us instructions

You can give us instructions verbally, in writing, by telephone or computer unless an additional condition limits the way in which instructions can be given (such as the necessity to have signed instructions).

If we agree a password that is designed to protect your data you must keep it secure and should you think it might have been disclosed you should advise us at the earliest opportunity.

We will do all that we reasonably can to prevent a breach of security resulting in unauthorised access to your data. To help prevent any security breach you should also read and follow any security procedures we advise from time to time.

We may remove, suspend or reduce access to your data should we consider there is a security or fraud risk.

MoneyMaxim comparison services

Where comparison services are provided by partners you will be required to agree with the terms and conditions and privacy policy of the relevant partner. Where comparison services are supplied by MoneyMaxim the following terms and conditions apply:

Our website provides a quote comparison service and internet directory - we are not an insurance or financial broker. We allow you to use our website and our quote comparison service free of charge to compare quotes from a number of insurers, finance companies and other sources. We shall provide you with the quotes we obtain from these third party companies using the information you submit through the forms on this website.

If you wish to obtain insurance cover from one of these companies when we have provided you with the quote comparison, you should contact the company direct. In most cases, we shall provide you with a link to the relevant companies’ websites when we respond to your request for a quote comparison. You should check your details on the companies website thoroughly before proceeding to accept a quote. If you choose to accept a quote from a third party obtained using our website, you will enter into a contract direct with the insurance company and the insurance companies own terms and conditions will apply. In order to reduce the number of fields you must fill in when you submit a request for a quote comparison, we may make a number of assumptions about you. For example, we may assume that you do not have any medical conditions that could affect your insurance premium when we get quotes. The quotes we obtain will be based on these assumptions. If you choose to accept a quote from a third party obtained using our website, you should check that the insurance provider has not made any inaccurate assumptions about you based on our request for a quote.

Our website is provided for the personal use of individuals only and you may not provide access to our services or the results of our services to any third parties or use them for any commercial purposes.

It is your responsibility to ensure that all information used by an insurer in arranging an insurance policy for you is correct. You warrant to us that all information you submit to us is accurate and complete to the best of your knowledge. We are not in any way responsible for any inaccuracies in any insurance policy taken out by you from any insurance company or broker, whether or not they are listed on this website.

We are not able to advise on the suitability of any product for you and it is your responsibility to discuss your insurance and/or financial requirements and details with any insurer, broker, or company before taking out an insurance policy or entering into any other financial agreement. Failure to do this could for example result in you taking out insurance which is not suitable for your requirements and which may be inadequate in the result of a claim.

The quote comparison services we provide through this website are only available to residents of the United Kingdom although not all quotes will be available to all regions (for example, some insurers will not provide cover for Northern Ireland or Channel Island residents). You should check that the insurance policy does cover your particular circumstances.

While we take reasonable steps to ensure that the information contained on our website is accurate, we do not accept any responsibility or liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website or our quote comparison service except to the extent that such liability cannot be excluded by law.

In particular, we rely on the information you have provided to us and the quotes we obtain from third party companies. Although we hope that the quotes we obtain should allow you to identify which companies are most likely to offer you a competitive premium, you should contact these companies direct to obtain an accurate quote. Accordingly, we do not accept responsibility for the accuracy of any quotes displayed to users of our site.

Disclosure of information

Please read this section in conjunction with our privacy policy, which gives further details of how your data might be collected, retained and used.

In order to provide you with products and services we need to collect, use, share and store personal and financial information about you. Where you provide personal and financial information about others (e.g. co-habitees during a home insurance search) you confirm you have obtained their consent or are otherwise entitled to provide this information.

We may put the information obtained by us, or given to us on the MoneyMaximiser information systems, and that of suppliers of services. This will be used by us to provide our services, and also so that we can develop and improve our services to you and other customers, and to protect our interests.

Where the services of partners are used in any way you will also be required to agree with the terms, conditions and privacy policies of our partner sites.

We will inform you by letter, telephone, text messages (or similar), digital television, e-mail and other electronic methods about products and services which may be of interest to you. You may tell us at any time if you do not wish to receive marketing communications from us by writing to us providing your full name and address and if one has been issued user name, or by ticking the appropriate box on application forms, registration forms or other mediums.

We may give out information about you if we have a duty to do so or if we are permitted to do so by law.

We may transfer information you give us abroad in the course of performing instructions you have given us. Data held by ourselves will be maintained either within the EU or under the terms of EU Safe Harbor protection which ensures the adequacy of the data security measures provided by businesses outside the EU. If you use the services of partners accessed through ourselves you will be bound by their own data security policies as detailed in their own terms and conditions and privacy policy.

We shall retain information about you after any relationship has ended for as long as is permitted for legal, fraud protection and legitimate business purposes, although we will review your data from time to time to ensure we are not retaining it longer than necessary.

You may ask for a copy of the information we hold about you by writing to us. A fee may be charged for this service.

Exclusions of liability

Nothing in our terms and conditions excludes or limits our liability for death, or personal injury caused by our fraud or negligence or limits our duties under the Financial Services and Markets Act 2000, as amended.

We do not give any guarantee or warranty that our website is free from viruses or anything else that might prove harmful to any technology.

We do not monitor or endorse information or data provided by our partners or by third party suppliers.

We are not liable for any direct or indirect costs, losses or damages suffered or incurred by you which were not foreseen by us when you accessed our site or services, or used our services.

Changing the terms of this Agreement

We may change the terms of this agreement by giving and also may introduce charges to and charges for our services. We may also change charges.

We shall tell you about any changes to charges or fees which are to your disadvantage by:

• Sending you written confirmation in the post or by e-mail
• Sending you a text or similar message
• By notices in branches or on our website

Withdrawal, suspension or termination

Whilst we will make every effort to maintain the operation of our services including our website we may at any time suspend the operation of any or all of our services.

We may cancel your user name and withdraw your ability to undertake business with us by giving you written notice. Normally the notice period would be 30 days, but in exceptional circumstances, including abuse of our officers or staff this period may be shortened.

Dispute resolution

If you have a dispute or difference with us please use our internal resolution procedures first, by writing to us. If the dispute or difference cannot be resolved in that way you have the right to escalate your dispute to our regulator, the Financial Conduct Authority (FCA). Our FCA FRN is 496690. Our permitted business includes advising on and arranging mortgages and non-investment insurance contracts. You can check this on the FCA's Register by visiting the FCA's website: http://www.fca.org.uk/register or by contacting the FCA on 0800 111 6768.

Law and jurisdiction

MoneyMaximiser Limited and and services offered by us will be governed by and construed in accordance with English law, and any disputes shall be subject to the exclusive jurisdiction of the courts of England.

General Provisions

This agreement is only between users of our services and us. None of the rights benefits or obligations relating to this Agreement may be assigned by you without our prior written agreement.

If any part of this Agreement is unenforceable, unlawful or void in any jurisdiction then part shall be separated from the rest of this agreement will shall continue to be valid and enforceable.