Introduction
These Terms of Use govern your use of the SmileSave website (the "Website"). By accessing and using the Website, you agree to comply with these Terms of Use. If you do not agree to these terms, you must refrain from using the Website.
Who We Are and How to Contact Us
This Website is operated by SmileSave is a trading name of DHU Consulting Services Limited (08279394). DHU Consulting Services Limited is an appointed representative of Quint Group Limited (Quint), and is registered on the Financial Services Register under reference number: 723672.
To contact SmileSave, you can reach us through the following methods: Address: 4 Lonsdale Road, London NW6 6RD, UK Phone: 0330 818 6289 Email: hello@smilesave.co.uk.
Changes to the Terms of Use
We may update or modify these Terms of Use from time to time. It is your responsibility to review them periodically for any changes. We will provide reasonable notice of any significant changes. Continued use of the Website after the changes indicates your acceptance of the modified terms.
Registering on the Website
To create an account on the Website, you must be at least 18 years old. The information you provide during registration must be accurate, complete, and current. You are responsible for maintaining the confidentiality of your login details and for any activities performed on the Website using your account. If you suspect unauthorised access or compromise of your account, please notify us immediately.
Marketing Emails
During the registration process, you may have the option to subscribe to marketing emails from us, our group companies, or third parties. You can manage your email preferences on the Website and unsubscribe at any time. We may also send you service emails related to your account.
Your Responsibilities
Services Offered:
The Website and our call centre(s) provide comprehensive information about products and services selected by us and listed on the Website ("Services"). We facilitate transactions between you and the suppliers of these Products and Services ("Suppliers"). However, we do not provide investment, financial, or other advice regarding the Services. It is your responsibility to seek professional advice before taking any action based on the information provided on the Website.
Terms and Conditions:
We will inform you of any applicable terms and conditions imposed by the Suppliers for their Services, and you agree to comply with those terms and conditions.
Contractual Relationship:
When using the Website, you are not contracting directly with us for the provision of the Services. Any person you authorise to use your login details can enter into a transaction for Services on your behalf. You are responsible for making all payments due to the Suppliers according to their agreed terms, and we have no responsibility for payments to any Supplier. If a Supplier requires your credit or debit card details, you may provide them to us, and we may forward them to the relevant Supplier.
Content You Provide
Posting Content:
You may post content on the Website, provided it is not illegal, obscene, abusive, threatening, defamatory, or objectionable to us. By submitting content, you grant us a worldwide, royalty-free, non-exclusive, sub-licensable, and fully transferable licence to use, reproduce, display, modify, and edit the content. You confirm that you have the necessary rights to grant us these rights.
Revocation and Removal:
We will inform you of any applicable terms and conditions imposed by the Suppliers for their Services, and you agree to comply with those terms and conditions.
Disclaimer and Liability
Website Availability:
The Website is provided on an "as is" and "as available" basis. We do not guarantee continuous operation or fault-free functionality of the Website. We may need to make the Website temporarily unavailable for maintenance or upgrades, and we will try to provide reasonable notice of such interruptions.
Supplier Information:
We aim to provide accurate information obtained from third-party Suppliers, but we cannot guarantee the quality, suitability, compatibility, reliability, accuracy, completeness, or timeliness of that information. It is your responsibility to evaluate the information provided by Suppliers.
UK Residents:
The Website is intended for use by UK residents only. We do not make any offers or promotions of services or products to individuals outside the UK. We make no representations or warranties regarding the availability or appropriateness of our services for use outside the UK.
Liability Limitations:
We exclude liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law. For consumers, we are responsible for foreseeable loss or damage caused by our failure to comply with these Terms of Use or our negligence. However, we are not liable for unforeseeable loss or damage. For business users, we exclude all conditions, warranties, and representations to the extent permitted by law, and we are not liable for any loss or damage, even if foreseeable, arising under or in connection with these Terms of Use or the use of the Website.
Indemnification (for Business Users Only)
If you are a business user, you agree to indemnify, defend, and hold us and our affiliated companies, shareholders, officers, directors, employees, agents, or suppliers harmless from any claims or demands made by any third party. This includes claims arising from or related to your use of the Website, your login details, your violation of these Terms of Use, or the infringement of any intellectual property or other rights of any person or entity.
Viruses
We do not guarantee that the Website will be secure or free from bugs or viruses. It is your responsibility to configure your information technology, computer programs, and platform to access the Website, and to use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain Unauthorised access to the Website or any connected server, computer, or database. We are not liable for any loss or damage caused by viruses or other harmful material that may infect your computer equipment, programs, data, or other proprietary material due to your use of our Website.
Intellectual Property
Ownership and licence:
We own or have licences for the intellectual property rights in the Website, its information and content, any operated database, proprietary software used to enable the Website ("Software"), and the underlying source code. This includes copyright, trademark, database rights, design rights, and other intellectual property rights. You may not copy or reproduce our logos, trademarks, or service marks without our prior written consent. We grant you a revocable, non-exclusive, non-transferable licence to use the Software in executable form solely for the purpose of using the Website.
Prohibited Use:
You must not use any automated program or equivalent technology to access the Website for the purpose of collecting, obtaining, or accumulating data or content. Reproducing, republishing, transmitting, or distributing any material, information, or content on the Website without our prior written consent is prohibited. However, you may access and use the Website and retrieve, display, and print content pages for personal use related to the Website.
Third Parties
Third-Party Products and Services:
The Website may contain links to third-party products, services, or websites that are not affiliated with us. We have no control over these third-party offerings and do not guarantee or take responsibility for them. Any links or advertisements on the Website should not be considered as our endorsement of any kind.
Third-Party Comparison Services:
The Website may provide comparison services for mortgage and insurance products offered by third-party suppliers. These services are subject to the terms and conditions of the respective third parties. By using these comparison services, you agree to comply with the additional terms and conditions of the third parties.
Restrictions on Use
Website Linking:
You may link to the homepage of the Website in a fair and legal manner that does not damage our reputation or suggest association, approval, or endorsement on our part. We reserve the right to withdraw your permission to link at any time.
Prohibited Actions:
You agree not to transmit any material designed to interrupt, damage, destroy, or limit the functionality of the Website. Using automated software to view the Website without consent, using the Website for purposes other than personal or legitimate business use, attempting to copy our data or reverse engineer our processes, or engaging in illegal, immoral, or harmful activities on the Website are strictly prohibited. You must also not interfere with other users' enjoyment of the Website or publish material that may encourage a breach of relevant laws or regulations.
Suspension and Termination:
We are entitled to suspend your use of the Website and/or terminate these Terms of Use immediately if you commit a breach of these Terms of Use, particularly the restrictions on use, which, in our reasonable opinion, is serious enough to merit immediate termination.
Third-Party Terms and Conditions
Third-Party Comparison Services:
The Website may offer comparison services for certain mortgage and insurance products provided by third-party suppliers. These services are subject to the third parties' terms and conditions. By using the Website for these services, you agree to adhere to the specific terms and conditions of each third party.
Financial Comparison Services:
The Website may also provide comparison services for various financial products, including bank accounts, credit cards, loans, pensions, and investments. These services require you to answer questions and may involve additional terms and conditions imposed by the underlying suppliers. It is your responsibility to review and agree to the terms and conditions of any service before applying for it.
No Fees for Comparison Services
We do not charge any fees for using our comparison services or the Website. However, we may receive commission from suppliers when you click through to their website or make purchases through them.
Complaints
We strive to provide excellent service, but if you have any complaints, please let us know. We take complaints seriously and aim to resolve them promptly. Please refer to our complaints procedure, available on the Website, for information on how to contact us regarding your complaint. If you are not satisfied with our response, you may escalate the complaint to the relevant ombudsman service or the Financial Ombudsman Service, depending on the nature of the complaint.
Governing Law and Jurisdiction
These Terms of Use, as well as any non-contractual obligations arising from or connected with them, are governed by English law. The contract between you and us is made in England. If you are a consumer, you and we agree that the courts of England and Wales will have exclusive jurisdiction over any claim or matter arising under or in connection with these Terms of Use. If you are a business user, you and we agree to submit to the exclusive jurisdiction of the English courts.
Other Important Terms
Headings:
The headings used in these Terms of Use are solely for convenience and have no legal significance.
Assignment:
You may not assign or delegate any of your rights or obligations under these Terms of Use, while we may assign ours to another organisation. We will notify you in writing if such an assignment occurs, ensuring it does not affect your rights.
Delay or Failure:
Our delay or failure to exercise or enforce any right or provision of these Terms of Use does not waive our right to exercise or enforce that right or provision at a later date.
Force Majeure:
We are not responsible for any breach of these Terms of Use caused by circumstances beyond our control.
No Joint Venture:
Nothing in these Terms of Use creates a joint venture, partnership, or agency relationship between you and us. Each paragraph of these Terms of Use operates separately. If any court or relevant authority deems any paragraph unlawful, the remaining paragraphs remain in full force and effect.
Intellectual Property
Ownership:
We are the owner or licencee of intellectual property rights in the Website, including the information, content, database, software, and underlying source code. This includes copyright, trademark, database rights, design rights, and other intellectual property rights. You may not copy or reproduce our logos, trademarks, and service marks without our prior written consent. All rights are reserved.
Licence:
We grant you a revocable, non-exclusive, non-transferable licence to use the Software solely in executable form for the purpose of using the Website. This licence is limited to the extent necessary for your use of the Website and for no other purpose.
Prohibited Use:
You must not use any automated software or equivalent technology to access the Website for the purpose of collecting or accumulating data or content without our consent. Any such use of automated software is prohibited and a breach of these Terms of Use. You may not reproduce, republish, transmit, or distribute any material, information, or content on the Website without our prior written consent. However, you may access and use the Website, retrieve, display, and print content pages for your personal use or legitimate business use.
Termination of licence:
We may terminate your licence at any time and prevent you from accessing the Website in the future.
Third Parties
Third-Party Products and Services:
The Website may contain links to third-party products, services, and websites that are not affiliated with us. We do not control or guarantee these third-party offerings, and we are not responsible for them. The Website may also feature advertisements from third parties, and we are not liable for any misleading or inaccurate advertisements. The presence of links or advertisements on the Website does not imply our endorsement of these third parties.
Restrictions on Linking:
You may link to the home page of the Website, provided it is done in a fair and legal manner that does not damage our reputation or take advantage of it. The link must not suggest any association, approval, or endorsement on our part if none exists. We reserve the right to withdraw permission to link at any time.
Restrictions on Use
You agree to comply with the following restrictions on your use of the Website:
Prohibited Actions:
You must not transmit any material designed to interrupt, damage, destroy, or limit the functionality of the Website. You must not use any automated software to view the Website without consent or access the Website other than manually. Your use of the Website must be for personal use (if you are a consumer) or legitimate business use (if you are a business user). You must not copy our data or reverse engineer our processes. Using the Website in an illegal, immoral, or harmful manner is strictly prohibited.
Compliance with Policies:
You must adhere to any policies or notices published on the Website.
Copyright Notices:
You must not remove or alter any copyright notices that appear on the Website.
Compliance with Laws:
You must not publish any material that may encourage a breach of relevant laws or regulations.
Protection of Copyright:
You must not transmit materials protected by copyright without the permission of the owner.
Offensive Conduct:
You must conduct yourself in a manner that is not offensive or abusive while using the Website.
We reserve the right to suspend your use of the Website and/or terminate these Terms of Use if you breach any of these restrictions, particularly those related to prohibited actions, which we deem serious enough to warrant immediate termination.
Third Party Terms and Conditions
Third Party Comparison Services:
The Website may offer comparison services for certain financial products provided by third-party suppliers. These services are subject to the respective third parties' terms and conditions. By using the Website for these comparison services, you are also agreeing to the terms and conditions of the specific third party. The following are examples of third-party comparison services and their associated terms and conditions:
-Unsecured Loans Third Party Comparison Service: Provided by Moveno, a trading name of Monevo Limited. By using this service, you agree to Monevo's Terms and Conditions and Privacy Policy.
Please note that you can verify this information on the FCA's register by visiting
www.register.fca.org.uk/s/.
Financial Comparison Services
Range of Services:
The Website may offer further comparison services for various financial services, including bank accounts, credit cards, loans, travel money, pensions, and investments.
Information and Consent:
To use these comparison services, you will need to provide accurate and complete answers to the required questions. The answers you provide will determine the services available to you. You must obtain permission from any other individuals whose information you provide for the purpose of obtaining a quote. It is essential to answer all questions honestly to ensure the services are suitable for your needs.
Supplier's Policies:
If you decide to proceed with a particular service and visit the supplier's website, you must read and agree to the relevant supplier's policies, agreements, and terms and conditions. These terms and conditions are separate from our own, and it is your responsibility to review and accept them before applying for a service.
Accuracy of Information:
While we aim to accurately relay the information you provide for comparison purposes, you should verify the correctness of your details on the supplier's website.
Limitations of Liability:
We cannot accept liability for errors made by the supplier, intermediary, or appointed representative. Any complaints regarding their services should be addressed directly to the supplier.
No Fees for Comparison Services
We do not charge any fees for using our comparison services or accessing the website. However, please note that we may receive commission from suppliers when you click through to their website or make a purchase of services from them.
Complaints
We strive to provide excellent service, but if you believe we have not met your expectations, please let us know. We take all complaints seriously and aim to resolve them promptly. For information on how to contact us regarding a complaint, please refer to our complaints procedure, available on the website.
If you are not satisfied with our response to your complaint, you may pursue the matter further:
Financial Comparison Services Complaints:
Contact the Financial Ombudsman Service for complaints related to financial comparison services. You can find more information at www.financial-ombudsman.org.uk/. The contact details for the Financial Ombudsman Service are as follows:
Financial Ombudsman Service
Exchange Tower
Harbour Exchange Square
London
E14 9SR
Tel: 0800 023 4567
If your complaint is regarding a supplier with whom you have obtained a service through our facilitation, you should address your complaint directly to that supplier.
Governing Law and Jurisdiction
These Terms of Use, as well as any non-contractual obligations arising from or connected to them, are governed by English law. The contract between you and SmileSave is made in England.
If you are a consumer, both parties agree that the courts of England and Wales will have exclusive jurisdiction over any claim or matter arising under or in connection with these Terms of Use. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
If you are a business user, both parties agree to submit to the exclusive jurisdiction of the English courts over any claim or matter arising under or in connection with these Terms of Use. However, SmileSave reserves the right to take action to enforce its intellectual property rights in any relevant jurisdiction.
Other Important Terms
Headings:
The headings used in these Terms of Use are for convenience purposes only.
Assignment:
You may not assign or delegate any of your rights or obligations under these Terms of Use. SmileSave may assign its rights and obligations to another organisation, with prior written notice to you. Such assignment will not affect your rights under these Terms of Use.
Delay or Failure:
Any delay or failure by SmileSave to exercise or enforce any right or provision in these Terms of Use does not waive its right to do so in the future.
Force Majeure:
SmileSave shall not be liable for any breach of these Terms of Use caused by circumstances beyond its control.
No Joint Venture:
Nothing in these Terms of Use creates a joint venture, partnership, or agency relationship between you and SmileSave. Neither party has the right or authority to incur liability, debt, or costs on behalf of the other.
Severability:
If any paragraph or provision of these Terms of Use is found to be unlawful, the remaining paragraphs will remain in full force and effect.
Intellectual Property
SmileSave is the owner or licencee of intellectual property rights associated with the website, including the information, content, databases, software, and underlying source code. These rights include copyright, trademarks, database rights, design rights, and other intellectual property rights, whether registered or unregistered. The use of SmileSave's logos, trademarks, and service marks without prior written consent is prohibited. All rights are reserved.
You are granted a revocable, non-exclusive, non-transferable licence to use the software provided by SmileSave solely in executable form and only for the purpose of accessing and using the website. You are prohibited from using any automated program, web-crawling or screen-scraping software, or similar technology to collect or accumulate data or content from the website without SmileSave's consent. Reproduction, republishing, transmission, or distribution of any material, information, or content from the website without SmileSave's prior written consent is also prohibited. However, you are permitted to access and use the website, retrieve, display, and print content pages for personal use and to the extent necessary for using the website and its services. SmileSave reserves the right to terminate your licence at any time and restrict your access to the website.
Third Parties
The SmileSave website may contain links to products, services, or websites of third-party providers that are not affiliated with SmileSave. SmileSave has no control over these third-party offerings and does not guarantee or take responsibility for them. The website may also feature advertisements from third parties, and SmileSave is not liable for any misleading or inaccurate advertisements, as they are the sole responsibility of the advertiser. The presence of links or advertisements on the website should not be construed as an endorsement by SmileSave.
Restrictions on Use
When accessing and using the website, you agree to adhere to the following restrictions:
- Do not transmit any material intended to interrupt, damage, destroy, or limit the functionality of the website.
- Do not use any automated software to access the website without SmileSave's consent, except for manual access.
- Use the website solely for personal use (for consumers) or legitimate business use (for business users).
- Do not attempt to copy or reverse engineer SmileSave's data or processes.
- Do not use the website in any illegal, immoral, or harmful manner, including committing or facilitating fraud.
- Comply with all policies and notices posted on the website.
- Do not remove or alter any copyright notices on the website.
- Do not publish any material that encourages a breach of laws or regulations.
- Do not interfere with other users' enjoyment of the website.
- Do not transmit copyrighted materials without permission from the owner.
- Do not conduct yourself in an offensive or abusive manner while using the website.
SmileSave reserves the right to suspend your use of the website and terminate these Terms of Use immediately if you breach any of these restrictions, as determined in SmileSave's reasonable opinion.
Third-Party Terms and Conditions
For certain financial products, the SmileSave website may offer comparison services provided by third-party suppliers. These services are subject to the respective third parties' terms and conditions. By using the SmileSave website for these comparison services, you agree to abide by the additional terms and conditions of the specific third-party providers. The following third-party comparison services are available:
Unsecured loans: Provided by Moveno, a trading name of Monevo Limited. Please refer to Monevo's Terms and Conditions and Privacy Policy.
You may check the authorization and regulation details of these third-party providers on the Financial Conduct Authority (FCA) register at
www.register.fca.org.uk/s/.
Financial Comparison Services
The SmileSave website offers additional comparison services for various financial products, including bank accounts, credit cards, loans, travel money, pensions, and investments. These services require you to answer specific questions to determine the services available to you. It is essential to obtain permission from any individuals whose information you intend to use and ensure their understanding of how their information will be used.
When using the financial comparison services, you should provide accurate and honest answers to facilitate suitable service recommendations. Additionally:
- Read the relevant Supplier's policy, agreement, and terms and conditions before applying for a service through their website.
- Verify that your details are correct on the Supplier's website.
- SmileSave cannot accept liability for errors made by the Supplier or their intermediaries and cannot address complaints on their behalf.
These financial comparison services are provided by Dot Zinc Limited, Authorised and regulated by the Financial Conduct Authority under firm reference number 415689. SmileSave does not charge any fees for using its comparison services or website. SmileSave may receive commission from Suppliers when you click through to their website or purchase services from them.
Loans Eligibility Checkers
SmileSave offers credit eligibility checkers that provide an indication of your chances of being approved for credit products within its comparisons. These checkers are provided by the following organisations:
- Monevo: An appointed representative of Quint Group Limited, Authorised and regulated by the Financial Conduct Authority. Please refer to Monevo's Terms of Service and Privacy Policy.
Using the eligibility checkers involves a soft search of your credit file, which does not impact your future credit chances. SmileSave cannot guarantee acceptance, as the final decision rests with the relevant company when you make a full application on their website.
Termination
SmileSave reserves the right to terminate or suspend your access to the website at any time, with or without cause, and with or without notice. In the event of termination, you must cease all use of the website and destroy any materials obtained from it.
Indemnification
By agreeing to these Terms of Use, you agree to indemnify and hold SmileSave, its affiliates, officers, directors, employees, and agents harmless from and against any claims, actions, suits, proceedings, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the website, any violation of these Terms of Use, or any breach of your representations or warranties.
Limitation of Liability
To the maximum extent permitted by law, SmileSave and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, resulting from:
- Your use or inability to use the website.
- Any changes made to the website or temporary or permanent discontinuation of the website.
- Unauthorised access to or alteration of your transmissions or data.
- Statements or conduct of any third party on the website.
- Any other matter relating to the website.
Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Entire Agreement
These Terms of Use constitute the entire agreement between you and SmileSave regarding your use of the website, superseding any prior agreements or understandings, whether written or oral.
Contact Information
To contact SmileSave, you can reach us through the following methods: Address: 4 Lonsdale Road, London NW6 6RD, UK Phone: 0330 818 6289 Email: hello@smilesave.co.uk.
