Terms and Conditions
The Mortgage Files Ltd Agreement (the "Agreement") consists of the following terms and conditions, all of which govern your relationship with us:
- General Terms and Conditions, governing use of The Mortgage Files Ltd Site and its content
- Additional Terms and Conditions (in certain areas of Our Web Site), governing use of the The Mortgage Files Ltd Site and its content
Please read the terms and conditions of the Agreement carefully as they determine your rights and liabilities. If you do not agree to all the terms and conditions of the Agreement, please do not register for and/or use Our Web Site.
Our Web Site is owned and operated by The Mortgage Files Ltd. (Company Registration Number 10445503) a company registered in England and Wales whose registered office is at Cudham Tithe Barn, Berrys Hill, Westerham, Kent, TN16 3AG.
If you have any queries please e-mail firstname.lastname@example.org.
Please note that the terms and conditions of the Agreement do not affect your statutory rights.
You will require Internet connectivity and appropriate telecommunication links to register on and use Our Website. The provision of computer or any other equipment necessary to access Our Web Site is not included in the services provided by us. We shall not be liable for any telephone or any other costs that you may incur to access, register on or use Our Web Site.
The content of Our Web Site (“Web Site Content”) is protected by intellectual property rights including, but not limited to, copyright, trademarks and database rights. All Web Site Content is the property of The Mortgage Files Ltd or our content suppliers or our clients. The compilation (meaning the collection, arrangement and assembly) of all content on Our Web Site is the exclusive property of The Mortgage Files Ltd and protected by copyright laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Web Site Content on any copy you make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute or otherwise use the Web Site Content in any way for any public or commercial purpose. The use of the Web Site Content on any other web site or in a networked computer environment for any purpose is prohibited. As it is also protected by our copyright, you may not copy or adapt the HTML code that we create to generate any Web Site Content or the pages making up Our Web Site, except to the extent expressly permitted by the provisions of the Agreement. The content of Our Web Site may be retrieved and displayed by you on a computer screen, or you may store such content in electronic form on disk (but not on any server or other storage device connected to a network), or you may print one copy of such content for your own personal, non-commercial use, provided you keep intact all copyright, trademark, service-mark and other proprietary notices contained therein. Unauthorised use of the Web Site Content may violate copyright, trademark and other laws. You will be responsible for any liability arising from any such unauthorised use.
By submitting content to any public or non-public area of Our Web Site, you grant us and our affiliates a royalty-free, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display such content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated in this clause. You also permit any registered user of Our Web Site to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on Our Web Site retains any and all rights that may exist in such content.
Availability of Our Web Site
We shall use all reasonable endeavours to ensure that Our Web Site and its content are available at all times. However, we reserve the right to update Our Web Site, to change its content, to restrict or suspend or cancel access to it or to close it indefinitely or withdraw it completely, at any time, without notice, at our sole option and discretion, for example if and when we deem it to be necessary to allow for repairs, maintenance, for the introduction of new facilities or services, if you breach any of your obligations under the Agreement, or for any other reason.
Any of the content on Our Web Site may be out of date at any given time. However, we are under no obligation to update such content.
You acknowledge and agree that we shall not in any circumstances be liable, whether in contract, tort (including negligence) or otherwise (even if foreseeable) for any claims, liability, damages, losses, costs (including reasonable legal fees) and expenses arising out of Our Web Site or all or any part of its content being unavailable in terms of clause above or the content of Our Web Site being out of date in terms of clause above.
Our Web Site may include content obtained from other Internet sites or other sources. Although we try to ensure that such content is correct, reputable and of high quality, we cannot accept any responsibility if this is not the case. We also do not accept any responsibility for any errors or omissions or for the results obtained from the use of any such content or for any technical problems you may experience with Our Web Site. In the event that we are informed of any inaccuracies in respect of such content on Our Web Site, we will attempt to correct the inaccuracies as soon as practicable.
We do not warrant that Our Web Site will operate error-free or that Our Web Site and its Server are free from computer viruses or other harmful mechanisms. If you lose any information/material/data or need to service or replace equipment or information/material/data, as a result of accessing Our Web Site or your use of Our Web Site content, you acknowledge and agree that we shall not be held responsible for any such loss or damage. It is your responsibility to ensure that you save, back-up and protect all your information/material/data and equipment.
We disclaim, in particular, all liabilities in connection with: incompatibility of Our Web Site with any of your equipment, software or telecommunications links; technical problems including errors or interruptions of Our Web Site; unsuitability, unreliability or inaccuracy of Our Web Site; inadequacy of Our Web Site to meet your requirements.
Our Web Site and its content are provided “as is” without any other representations, conditions, warranties, guarantees and/or other terms of any kind. We accordingly exclude all representations, conditions, warranties, guarantees and/or other terms (whether express or implied, including, without limitation, the conditions implied by law of merchantability, satisfactory quality, fitness for purpose, the use of reasonable care and skill, and non-infringement with respect to our services or Our Web Site or the functionality, performance or results thereof) which but for these terms and conditions might have effect in relation to Our Web Site; and we exclude all representations, conditions, warranties, guarantees and/or other terms (whether express or implied) about the accuracy, reliability, completeness, or timeliness of Our Web Site, Our Web Site content, any information/material/data, services, software, text, graphics and links.
Without prejudice to any other provision in the Agreement excluding or limiting our liability, any liability to you arising from the Agreement, your access to or use of Our Web Site or any of its content, any related agreement or any related cause (whether in contract or tort, including negligence, or otherwise) shall be limited to a sum of £50.00. You acknowledge and agree that you will be responsible for any excess loss and damage, and are responsible for obtaining insurance for any excess loss and damage.
We shall not in any circumstances be liable, whether in contract, tort (including negligence) or otherwise (even if foreseeable), for any loss of income or revenue, loss of business, loss of profits or contracts, loss of benefit, loss of production, loss of availability, loss of reputation, loss of goodwill, loss of use suffered or incurred directly or indirectly by you, loss of anticipated savings, loss of information/material/data, waste of management or office time; for any indirect or consequential loss or damage of any kind however arising and of whatsoever nature; and for any punitive or exemplary damages.
You agree to indemnify, defend and hold harmless, and to continue to indemnify, defend and hold harmless use, any of our officers, directors, employees, agents and sub-contractors from and against all claims, liability, damages, losses, costs (including reasonable legal and accounting fees) and expenses arising out of any information/material/data you provide to us or Our Web Site, any breach of the Agreement or any related agreement by you, your use of Our Web Site or any of its content, the use of Our Web Site or any of its content by any other person using your registration details, any circumstances where we are held to be your agent, and/or any related cause.
Third Party Websites, Advertising and Sponsorship
Links to third party web sites on Our Web Site are provided solely for your convenience. If you use any of these links, you leave Our Web Site. Our Web Site may also contain advertising and sponsorship. Representations made regarding products, services or sponsorships provided by any third parties are governed by the policies and representations made by them, and are subject to any such parties’ compliance with all relevant laws and codes. We have not reviewed all of these third party web sites, adverts, representations, products, services and sponsorships and do not control and are not responsible for them or their content or availability in any way. You rely on and use any such third party web sites, adverts, representations, products, services and sponsorships entirely at your own risk. We will not be liable for or responsible in any manner for any of your dealings or interactions with any of these third parties or your reliance on or use of any such third party web sites, adverts, representations, products, services or sponsorships.
We do not represent or give any warrantees or guarantees that the content of Our Web Site is appropriate or available for use in locations outside the United Kingdom.
It is unlawful to access and/or use Our Web Site and/or any of its content from/in locations where such access and/or content are illegal or unlawful. If you access and/or use Our Web Site and/or any of its content from/in locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws. We will not be liable or responsible in any way if you access and/or use Our Web Site and/or any of its content illegally or unlawfully.
Non-Confidential and Non-Proprietary Information
You may not transfer, assign, charge, sub-license or otherwise dispose of any of your rights or obligations under the Agreement.
If any of the terms and conditions of the Agreement are deemed by any competent authority to be invalid, unlawful or unenforceable, such terms and conditions will to that extent be severed from the remaining terms and conditions, which will continue to be valid to the fullest extent permitted by law.
Events Outside Our Control
We will not be in breach of any of our obligations under the Agreement and will not be liable or responsible for any failure to perform or any delay in performance of any of our obligations under the Agreement, caused by any event outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: fire, flood, disaster, power outage or electrical failure, any industrial dispute, theft of computers or related equipment, governmental laws or regulations, hostile computer act, non-availability of third party data centres, telecommunications or internet failures, acts of terrorism, civil riot or war.
The terms and conditions of the Agreement set out the entire agreement between you and us. They supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
You acknowledge and agree that, in entering into the Agreement, you have not relied on any representation, undertaking or promise (implied or otherwise) given by us at any stage prior to you entering into the Agreement, except as expressly provided for in the Agreement.
Other than the remedies provided for in the Agreement for breach of contract, nobody shall have any remedy in respect of any untrue statement made by any party to the Agreement prior to the date of the Agreement (unless such untrue statement was made fraudulently or in a deceitful manner).
The terms and conditions of the Agreement shall be governed by and construed in accordance with the laws of England and any disputes arising from or related to any such terms and conditions will be decided only by the English courts.