Mortgage Friends
Terms of Use

Effective: 9 November 2020.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE OR SERVICES.

At Mortgage Friends we aim to be the one-stop shop for information about mortgages. Our goal is to empower our members by enhancing your knowledge about mortgages, the mortgage market and the various options available to you when considering applying for, or switching, a mortgage product. With our in-depth and easy to understand educational courses, we allow you to take your mortgage decision into your own hands, in many cases cutting out the need for a broker.

These terms of use (“Terms”) applies to your access to and use of Mortgage Friends, including the website, your account, your interactions with us and any purchases you make (collectively, the “Services”) provided by Mortgage Friends Ltd (“Mortgage Friends”, “we”, or “us”).

Mortgage Friends is an educational platform for consumer-focused mortgage content and other associated financial products (such as insurance, bank accounts, professional services etc.). By accessing Mortgage Friends or using our Services, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you may not use our Services and must not access our website.

SUMMARY

Below is a summary of some key terms of these Terms of Use. This summary is for your reference only and does not form part of the Terms of Use.

  • Use of Mortgage Friends, our website and Services is subject to all of the Terms set out below – if you don’t agree to the terms, please stop using Mortgage Friends and our website immediately.
  • It is free to create an account on Mortgage Friends. However, the majority of our educational content are purchasable premium features.
  • Mortgage Friends, our website and Services are for your personal use only and may not be used for any commercial purposes.
  • Mortgage Friends, our website and Services may only be used by those over 18s.
  • Mortgage Friends provides educational content and information on mortgages generally. Mortgage Friends and our mortgage helpline cannot advise you on a particular product based on your specific circumstances or recommend any particular mortgage (or other financial) products.
  • When using Mortgage Friends, our Services, and in particular in posting content or interacting with other members, you must do so in accordance with our Acceptable Use Policy.
  • When you post content within your community, you consider it to be non-confidential and non-proprietary. You retain any ownership rights you have in Your Content, but you grant us license to use Your Content.
  • We may amend these terms and conditions at any time and without notice by changing this page; we recommend that you check these Terms of Use each time you access our website or Services.

OTHER TERMS WHICH APPLY TO YOU

As part of your use of Mortgage Friends and the Services, there may be other terms which apply to you and to which these Terms refer including:

  • Our Privacy Policy [link]. This explains how we collect, use, and share information we collect about you when you use the website and our Services.
  • Our Cookies Policy [link]. This sets out information about the cookies we use on our website.
  • Our Acceptable Use Policy. This sets out the permitted and prohibited uses of Mortgage Friends and the guidelines by which we expect you to adhere to when you interact with other members within our community.

 

  1. Your Access to the Services

Use of our website and services are for those over 18 only, if you are under the age of 18 you are not permitted to access our website or Services

By accepting these Terms, accessing Mortgage Friends, our website or by using the Services you confirm you are over 18.

Our website and Services are only for use for residents of the UK and we are currently unable to offer educational content for mortgage products based outside the UK.

  1. Your Use of the Services

Mortgage Friends is the one-stop shop for information about mortgages and associated financial products. We are an educational platform with the aim of empowering our members by enhancing their knowledge about mortgages, the mortgage market and the various options available when applying for, or switching, a mortgage product. Members, who purchase our educational packages, gain access to a wide range of educational content, our community allowing them to discuss mortgages with their fellow members, as well as our mortgage helpline.

Mortgage Friends grant you a personal, non-transferable, non-exclusive, revocable, limited license to use our website and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.

Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:

  • license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services, our website, or any content made available through our website or the Services;
  • modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services; or
  • access the Services or any content made available through our website in order to build a similar or competing website, product, or service, unless otherwise agreed or licenced by us.

Specifically, you are not permitted to use this website (including any webpage and/or data that passes through our web domain), domain names, URLs, databases, functions or its content other than for private, non-commercial purposes. The use of any automated system, software, or manual process, whether operated by a third party or otherwise, to extract any data from this website for commercial purposes (“scraping”) is strictly prohibited.

We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

  1. Your Account and Account Security

Access to our premium features, content and community requires you to create an account with us (an “Account”) and provide us with a username, password, and certain other information about you.

Full details on how we use this information and why can be found in our Privacy Policy [link].

You are solely responsible for the security of your Account. 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. You must not disclose it to any third party.

You must maintain the security of your Account and we recommend you use a strong password that is unique to your Account and not used across other websites or services.

If you discover or suspect that someone has accessed your Account without your permission, or if you use a password which becomes compromised due to its use on another website or service, you must notify us immediately at hello@mortgagefriends.co.uk.

You will not license, sell, or transfer your Account without our prior written approval.

We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

For further details on how use your personal data, please see our Privacy Policy.

  1. Membership and Purchases

 

Access to the majority of our education content, our community and use of our mortgage helpline requires the purchase of a membership.

 

You may purchase a membership through our website by providing your debit card, credit card, or other payment information. We use third-party payment processor Stripe and PayPal to process your payments and will share your payment information with them.

 

IMPORTANT INFORMATION, PLEASE READ.

Both the purchase of educational content and the membership are subject to a number of conditions and restrictions.

 

The price for memberships is currently rolled into the one-off price for purchasing educational content and provides you with unrestricted access to our community and mortgage helpline. However, we reserve the right to amend, modify or remove certain aspects of membership benefits (including introducing a monthly subscription price), from time to time, in our absolute discretion. Where we do so, we will notify you of these changes in advance.

 

FOR THE AVOIDANCE OF DOUBT PURCHASES MADE THROUGH MORTAGE FRIENDS ARE, UNLESS OTHERWISE REQUIRED BY LAW, NOT REDEEMABLE OR REFUNDABLE FOR ANY SUM OF MONEY AT ANY TIME.

 

  1. Payment Information

 

All purchases through Mortgage Friends require you to provide a valid debit card, credit card, or other accepted payment information. We use third-party payment processor Stripe and PayPal to process your payments and will share your payment information with them. Payments may be displayed as “Mortgage Friends Ltd.” or “Mortgages” on your credit statement.

 

In respect of any purchase made for our paid for features (“Premium Features”), you agree to pay us the applicable fees and taxes and to any additional terms specific to those Premium Features. Failure to pay these fees may result in the termination of your paid services.

 

You also agree that:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location and that we have absolute discretion in determining any applicable exchange or conversion rate.

 

  • The taxes payable by you in respect of the Premium Features you have purchased may be based on the billing information you provide us at the time of purchase.

 

  • We may store (either directly or through our trusted third-party payment provider) and continue billing your payment method in respect of other Services or purchases you make through us.

 

  • We may change our fees or benefits associated with the Premium Features from time to time with reasonable advance notice; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the premium features.

 

  1. Mortgage Helpline and Referrals

 

All members who have purchased our educational content gain access to our mortgage helping. Our mortgage helping is staffed by friendly mortgage experts who can provide you with further information about mortgages and answer your questions about mortgages or related financial products.

 

The mortgage helpline can be access via the members portal.

 

Our helping and mortgage experts can only answer general questions about mortgage and related financial products, they cannot provide you advice, discuss your specific financial circumstances or recommend any products. We can however refer you to a registered provider, or mortgage broker, who can as well as refer you to our partner third-party providers who can advice and recommend products to suit your needs.

 

We have commission-based arrangements in place with many of those providers and receive a fee for referring you to them.

 

  1. Our Content

 

Our website and the Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”).

 

We are the owner or the licensee of all intellectual property rights in our site, the material published on it and the Content.  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 site for your personal use and you may draw the attention of others within your organisation to Content posted on our site.

 

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 Content on our site must always be acknowledged.

 

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

 

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

 

The Content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

 

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

 

  1. Third-Party Content, Advertisements and Promotions

Our website or Services contain links to other third-party websites, resources products, or services, which may be posted by our affiliates, advertisers, partners (“Third-Party Content”). Third-Party Content is not under our control, and such links should not be interpreted as approval by us such Third-Party Content; we are not responsible, and accept no liability, for any of such Third-Party Content.

The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the website or Services.

  1. Your Content

 

Members who have purchased access to our Premium Features gain access to our community and mortgage helpline and, therefore, allows you to submit or upload content of your own through your Account (collectively “Your Content”). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.

 

Whenever you make use of the Services, and in particular our community, to create or upload Your Content onto our site, you must comply with our Acceptable Use Policy.

 

By submitting Your Content within Mortgage Friends, you represent and warrant that such contribution does apply with those policies and that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.

 

Content which you post on within our community will be visible to all other members and us. Therefore, we expressly prohibit the submission of any personal information, such as details of your financial circumstances. We advise that when engaging with your fellow members you discuss mortgage products in terms of generic examples, without making reference to your own circumstances.

 

When you submit Your Content through Mortgage Friends, you acknowledge that such content may be considered non-confidential and non-proprietary. You retain any ownership rights you have in Your Content, but you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with us. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

 

Any ideas, suggestions, and feedback about our Services that you provide to us are entirely voluntary, and you agree that we may use such ideas, suggestions, and feedback without compensation or obligation to you.

 

Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for a violation of these Terms, a violation of our Acceptable Use Policy, or if you otherwise create liability for us. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

 

  1. Acceptable Use Policy

 

When using Mortgage Friends and, in particular when interacting with members within our community or engaging with us through our mortgage helpline, we ask that you respect others and their rights, including by following these Terms.

 

In addition, you may only use the website and Services for lawful purposes, and you will not:

  • Create or submit Content that violates our Terms, Acceptable Use Policy or attempt to circumvent any content-filtering techniques we use;

 

  • Use the Services in any way which breaches any applicable local, national or international law or regulation, or in any way that is unlawful or fraudulent;

 

  • Use the Services or engage with another member in any way which can be construed as inducing that other person to reveal personal or financial information about them or any other person;

 

  • For the purposes of harming or attempting to harm any person in any way, including any acts which constitute bullying, insults, intimidation or humiliation;

 

  • Send, knowingly receive, upload, download, use or re-use any material which does not comply with our Terms or this Acceptable Use Policy;

 

  • Send, knowingly receive, upload, download, use or re-use any material which may be constituting plagiarism or a breach of any parties’ intellectual property rights;

 

  • Attempt to gain unauthorized access to another user’s Account or to the Services (or to other computer systems or networks connected to or used together with the Services);

 

  • Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

  • Act in any manner that could interfere with, damage, disrupt, or negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;

 

  1. Things You Cannot Do On Our Website

Our website and Services are for information purposes. You may only use the website and Services for lawful purpose, and you will not:

  • Use the Services in any way which breaches any applicable local, national or international law or regulation, or in any way that is unlawful or fraudulent;

 

  • Attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services);

 

  • Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

  • Act in any manner that could interfere with, damage, disrupt, or negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;

 

  1. Copyright

We respect the intellectual property of others and require that when using our website and Services you do the same.

Specifically, when using our website or Services you agree not to:

  • Act in any way which would infringe any person or entity’s intellectual property or any other proprietary rights;

 

  • Reproduce, duplicate, copy or re-sell any part of our website or Services, unless otherwise agreed by us pursuant to a licencing agreement. In particular we prohibit:
    • the use of any automated system, software, or manual process, whether operated by a third party or otherwise, to extract any data from this website for commercial purposes (“scraping”); and,
    • Any attempt to harvest, collect, gather or assemble information or data regarding the website, the Services, the Content or any other user of the Services.

 

  1. Breach of our Terms

We take all breaches of our Terms seriously and if we do consider that a breach of these Terms has occurred, we may take such action as we deem appropriate, which may extend to any one or all of the following:

  • The immediate, suspension or permanent removal of your right to use our website and Services;

 

  • Issuing a warning to you;

 

  • Legal action against you, which may extend to legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and,

 

  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of our Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

  1. Disclaimer

 

Mortgage Friends, our website, services, educational content, mortgage helpline and community are solely to be used for the purpose of obtaining and receiving educational information about mortgages and related financial products. They are not, and should not be used for, the purposes of obtaining or receiving advice or recommendations on any particular financial product, whether based on your specific financial circumstances or otherwise. For the avoidance of doubt, Mortgage Friends does not, and is not regulated to, provide financial advisory services, whether related to mortgages or otherwise.

 

  1. Indemnity

To the greatest extent permitted by applicable law, you agree to defend, indemnify, and hold us (including our officers, employees, contractors and agents), our licensors, and our third party service providers (the “Indemnified Entities”) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your use of the website or our services. We reserve the right to control the defence of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.

  1. No Warranty

Our website and the services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Mortgage Friends, its licensors, and its third party providers do not warrant that the services are accurate, complete, reliable, current, or error free. While we do make every effort to ensure that your access to and use of our website and services is safe, we do not represent or warrant that our services or servers are free of viruses or other harmful components.

Mortgage Friends has no responsibility for, and does not endorse, or take responsibility for any content available on or linked to the website or services or the actions of any third party.

  1. Limitation of Our Liability and Our responsibility for loss or damage

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

When you access our website and/or Services, you agree that you do so for domestic and private use only. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitation of our Liability

In no event and under no theory of liability, including contract, tort, negligence, strict liability, warranty, or otherwise, will we be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, or lost profits arising from or relating to these terms or the services, including those arising from or relating to content made available on the services that is alleged to be defamatory, offensive, or illegal. Access to, and use of, the services is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. In no event will our aggregate liability exceed the greater of one hundred pounds (£100).

  1. Termination

We may terminate your access to the website or Services at any time without a reason; in the unlikely event we take such steps we will endeavour to notify you in advance.

You may terminate these Terms at any time and for any reason by deleting your Account or discontinuing your use of all Services.

The following sections will survive any termination of these Terms or of your Accounts: 7 (Our Content), 7 (Your Content), 11 (Things You Cannot Do), 14 (Disclaimer), 15 (Indemnity), 17 (Limitation of Liability), 19 (Governing Law and Venue), 21 (Miscellaneous), and such other terms which by their construction are intended to survive termination.

  1. Which Country’s Laws Apply to Any Disputes?

Where you have an issue or dispute with us, you agree to first raise it with us and try to resolve it with us informally.

These terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

  1. Changes to these Terms

We may make changes to these Terms from time to time. Every time you use our website or Services, please do check these Terms to ensure you understand the latest version which applies to you. Where we do make changes, we will post the amended Terms to our website and Services and update the Effective Date above, along with a summary of the changes. If the changes, in our sole discretion, are material, we may also notify you, either by sending an email to the address associated with your Account, or by placing a prominent notice on our website. By continuing to access or use our website and the Services after we have made changes to our Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.

  1. Miscellaneous

These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign these Terms.

Mortgage Friends and all associated logos and images are the registered trade marks of Mortgage Friends Ltd. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under these Terms.

  1. How to Contact Us

We continue to strive to improve our products, services, our educational content and the information we provide to you. If you have any questions or feedback about these terms or more widely about Mortgage Friends and its offerings please contact us at hello@mortagefriends.co.uk.