Terms & Conditions
Updated: January 2019
We are PRIMIS Mortgage Network a trading name of the several persons, Personal Touch Financial Services Limited, company registration number 03406454 with registered office at 2nd Floor, Gateway 2 Holgate Park Drive, York YO26 4GB and First Complete Limited, company registration number 05416236 and Advance Mortgage Funding Limited, company registration number 022175698 both with a registered office at Newcastle House Albany Court, Newcastle Business Park, Newcastle Upon Tyne, Tyne and Wear, all companies registered in England and Wales. To contact us, please call 0121 767 1002.
When using our portal https://www.marketing-portal.co.uk/ (the ‘portal’) users are bound by the terms and conditions set out below. Please take the time to read these carefully. By using this portal and its content you confirm that you accept these terms and conditions and you agree to comply with them. If you do not agree to these terms and conditions, you must not use our portal. We recommend that you print a copy of these terms and conditions for future reference.
Any requests for permission to use the portal or its content in a way not covered within these terms and conditions should be emailed to [email protected].
Any breach any of these terms and conditions may lead to your portal account being revoked.
Our contract with you
When you submit an enquiry regarding the purchase of materials through the contact form on the portal, we will respond with a quote for the materials which you require. When you confirm your acceptance of the quote and have paid in full for the materials in accordance with such quote, we will email you to confirm acceptance of your order at which point a contract will come into existence between you and us. If we are unable to accept your order, we will inform you of this and will refund you for the materials you have paid for.
Before we fulfil any order which you place through the portal you will be required to provide certain information such as your name, logo and contact details to allow us to create materials which are bespoke to you. We will confirm what information we need from you after we have confirmed acceptance of your order. After you have provided the information which we have requested we will send you a copy of the materials for your approval. Once you have approved the materials, no further changes will be made to the materials and final versions of the materials will be sent to you.
If our supply of the materials is delayed by your failure to provide the information which we have requested from you, we will not be liable for such delay. If our supply of the materials is delayed by any other event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any materials you have paid for but not received.
The materials which you purchase through the portal will only be sent to you once. We do not retain copies of the materials after the final versions have been sent to you. You are solely responsible for securing and backing up any materials which are sent to you.
Our rights to make changes
We may change the materials you order on the portal:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustment and improvements.
Price and payment
The price of the materials (which excludes VAT) will be the price indicated on the order pages when you placed your order. You must pay for the materials before they are provided to you.
Our responsibility for loss or damage suffered by you
Nothing in these terms and conditions shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Except to the extent expressly stated above, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject to the above:
- we shall not be liable to you, whether in contract, tort (including negligence) breach of statutory duty or otherwise, for any loss of profit, sales, business or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage arising under or in connection with any contract between us or your use of or inability to use the portal or use of or reliance on any content displayed on the portal; and
- our aggregate total liability for all other losses arising under or in connection with any contract between us, or from your use of or inability to use the portal, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to a sum equal to whichever is the higher of (a) the aggregate price paid by you for the materials which you have paid for on the portal in the calendar year previous to the year in which the liability arose; and (b) £5,000.
How we will use your personal information
We have robust measures in place to protect the personal information that we have under our control. However, should third parties access the portal, we will not be liable for any damages or loss arising out of or resulting from any unauthorised access to, alteration to or modification of information contained on the portal.
We may update and change the portal from time to time to reflect changes to our materials, our users’ needs and our business priorities.
We do not guarantee that the portal, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the portal for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are responsible for ensuring that all persons who access the portal through your internet connection are aware of these terms and conditions and that they comply with them.
Our portal is directed to people residing in the United Kingdom. We do not represent that content available on or through our portal is appropriate for use or available in other locations.
If you choose, or you are provided with, a user identification code and 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.
We have 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 and conditions.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
The content on our portal 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 the portal.
Although we make reasonable efforts to update the information on the portal, we make no representations, warranties or guarantees, whether express or implied, that the content on the portal is accurate, complete or up to date.
Where the portal contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
We do not guarantee that the portal will be secure or free from bugs or viruses.
Your use of the portal and its content
We are the owner or the licensee of all intellectual property rights in this portal, and in the materials published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not copy, sell, rent, lease, license, sublicense, grant any rights in, transfer, distribute, time-share or otherwise assign to any third party any type of access to the portal.
If you are an employee of an organisation, you should be aware that any information uploaded onto the portal by you as an employee is covered by your employment terms and may be the intellectual property of your employer.
Materials and information contained on this portal is for the use of yourself or your company only. You must not modify the paper or digital copies of any materials contained here or that you have printed off or downloaded in any way or reproduce, distribute or otherwise use them for any public purpose not directly associated with your business.
If you print off, copy or download any part of our portal or the materials on the portal in breach of these terms and conditions, your right to use the portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Any material subject to Crown Copyright may be used in accordance with the terms of the Open Government Licence v3, details of which are available at: http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/
You are responsible for configuring your information technology, computer programmes and platform to access the portal. You should use your own virus protection software.
You must not misuse the portal 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 our portal, the server on which the portal is stored or any server, computer or database connected to the portal. You must not attack the portal via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the portal will cease immediately.
If you choose to access the portal from locations outside England and Wales you do so on your own initiative and you are responsible for compliance with local laws.
You must not use the portal for any of the following:
Fraudulent purposes, or in connection with a criminal offence or other unlawful activity or to send, state, publish, use or reuse any material which is offensive, abusive, defamatory, indecent, obscene, threatening or illegal or in breach of any other rights.
Other important terms
We reserve the right to modify, add to or amend these terms and conditions, our privacy policies, and any other policies from time to time. Any such modifications, additions or amendments will be effective immediately on being posted to the portal. Continued use of the portal after any modification, addition and/or change has been made is your acceptance of the updated version. Please therefore check these terms and conditions every time you wish to use the portal to ensure you understand the terms that apply at that time.
We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we plan to do this. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
These terms and conditions are between you and us. No other person shall have any rights to enforce any of the terms and conditions.
These terms and conditions constitute the entire agreement between us in relation to your use of the portal and its content. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and conditions and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms and conditions.
If a court finds part of these terms and conditions illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Any dispute or claim arising out of or in connection with these terms and conditions, their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.