Terms of website use

The following constitutes a legal agreement between a visitor to our Site (“you”) and us with respect to our website service, the terms of which are set out below.  By continuing to use the Site you represent that you have read, understood and agree to be bound by this Agreement.  If you do not agree to (or cannot comply with) any of the below terms and conditions, please do not continue to access the Site.

We may revise these Terms of Use at any time by amending this page.  You are expected to check this page from time to time to take notice of any changes we may make, as such changes are binding on you.  Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our site.

1.1  www.touchfinancial.co.uk is a website owned by Touch Financial Support Limited (“we”, “us”, “our”), a private limited liability company and operated by SFP Brokers Limited (“the Website Operator”) on our behalf.  We are registered in England and Wales under company number 06756502 and we have our registered office at 3 Brook Business Centre, Cowley Mill, Uxbridge, Middlesex, UB8 2FX. The Website Operator is registered in England and Wales under company number 06695180 and has its registered office at 3 Brook Business Centre, Cowley Mill, Uxbridge, Middlesex, UB8 2FX.

1.2 We are an affiliate member of the Asset Based Finance Association.

1.3 We are registered with the Information Commissioner’s Office under the Data Protection Act 1988 under Registration Number Z1651382.

1.4  Our VAT number is: 974 5289 71.

1.5 Please note that we are an independent introducing broker and as such we do not act for you (as agent or otherwise) and we do not owe you any fiduciary duty. Our role is to attempt to introduce you to a number of potential financial solutions which may be appropriate to the needs of your business. We do not provide guidance to you and the decision as to which lender (if any) to proceed with is yours. If you place your business with a lender, we are paid a commission from that lender.

2.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below).  We will not be liable if for any reason our Site is unavailable at any time or for any period.

2.2 From time to time, we may restrict access to some parts of our Site, or to our entire Site, to visitors.

2.3 All the lenders to whom we may introduce you are totally independent of us.  Neither we nor the Website Operator have any association with the lenders or those who provide services.  The contents of the Site do not constitute guidance and should not be relied upon in making or refraining from making, any decision.  Accordingly subject to clause 10.1 neither we nor the Website Operator accepts any responsibility or liability for the services those third parties may provide to you (nor for the content of their material on our Site). Any consumer rights which visitors of this Site in relation to services supplied by third parties may have are only against those lenders with whom visitors may transact business.  Neither we nor the Website Operator can accept any liability for the same, subject to clause 10.1.

2.4 You and we are independent contractors, and no agency, partnership, joint venture or employee-employer relationship between you and us (or between you and the Website Operator) is intended or created.

2.5 You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

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

2.7 Although we make reasonable efforts to update the information on our Site, neither we nor the Website Operator make any representations, warranties or guarantees, whether express or implied that the content on our Site is accurate, complete or up-to-date.

Where you are given the facility to enter information on to, or communicate via, the Site you agree to use the Site for lawful and civil purposes only and that you will not (nor allow others) to post or transmit any material which is offensive, racist, abusive, indecent, defamatory, obscene or menacing.

4.1 We have the right to revise and amend these Terms Of Use from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

4.2 You will be subject to the policies and Terms Of Use in force at the time that you request any Information from us, unless any change to those policies or these Terms Of Use is required to be made by law or governmental authority, or if we notify you of the change to those policies or these Terms and Conditions (in which case we have the right to assume that you have accepted the change to the Terms Of Use).

You agree that:-

5.1 we shall be entitled to withdraw any information from our Site for any reason, including if the information is inaccurately described on the Site or where obvious errors have been made;

5.2 whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not subject to clause 10.01 hold us (or the Website Operator) responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site).

5.3 you will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our intellectual property rights, including copyright or trade mark rights, or the rights of our licensors.

5.4 variation in computer, browser and operation will create differences in visual layout and usability of the Site.  We have given due care and attention to minimising these differences, but neither we nor the Website Operator can be held responsible for specific operational differences.

The computer, internet access and system operated by you and your ability to use the same may affect your ability to use our Site.  You acknowledge and agree that any system requirements necessary to preview, and /or view any information from our Site are your responsibility.

7.1 We reserve the right to suspend or terminate your access to the Site or parts of it if at our sole discretion we believe you are in breach of any provision of this Agreement.  If your access has been suspended or terminated you will not be permitted to re access the Site without our prior consent.

7.2 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site 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 our Site will cease immediately.

7.3 You will only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited e-mails.

You agree to indemnify and hold harmless us, the Website Operator and our directors, employees and consultants and those of the Website Operator from and against any and all claims, losses, demands, causes of action and judgements (including solicitors’ or attorneys’ fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms Of Use for your use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.

9.1 You may not transfer or otherwise deal with your rights and/or obligations under these Terms Of Use.

9.2 We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms Of Use in whole or in part.

10.1 Nothing in these Terms of Use excludes or limits our liability or the liability of the Website Operator for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation (or the negligence, fraud or fraudulent misrepresentation of the Website Operator as the case may be), or any other liability that cannot be excluded or limited by English law.

10.2 To the extent permitted by law, we and the Website Operator exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.

10.3 Subject to clause 10.1 neither we nor our Website Operator will be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

10.3.1 use of, or inability to use, our Site; or

10.3.2 use of or reliance on any content displayed on our Site.

10.3.3 loss of profits, sales, business, or revenue;

10.3.4 business interruption;

10.3.5 loss of anticipated savings;

10.3.6 loss of business opportunity, goodwill or reputation; or

10.3.7 any indirect or consequential loss or damage.

10.4 Subject to clause 10.1 neither we nor the Website Operator will be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

10.5 Neither we nor the Website Operator assume responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us or the Website Operator of those linked websites. Subject to clause 10.1, neither we nor the Website Operator will be liable for any loss or damage that may arise from your use of them.

11.1 Subject to clause 10.1, neither we nor the Website Operator will be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.

11.2 Subject to clause 10.1, neither we nor the Website Operator shall be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the Site.

11.3 The Site is provided “as is” and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. You are therefore recommended to put in place all appropriate safeguards before downloading information from this Site. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by e-mail to info@touchfinancial.co.uk.

11.4 Subject to clause 10.1, neither we nor the Website Operator shall be responsible to you for damages or otherwise in respect of any error made in information on the Site.

11.5 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.

11.6 Links to third party websites on the Site are provided solely for your convenience.  If you use these links, you leave the Site.  We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability.  We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.  If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.

11.7 You may not include a link to our Site, or display the contents of our Site, surrounded or framed or otherwise surrounded by content not originating from us without our consent.  Any unauthorised framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this Agreement or other remedies as set out in this Agreement.

11.8 It is the responsibility of all third parties on this Site to ensure that any content submitted by them for inclusion on the Site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content.

12.1 All intellectual property content on the Site including, without limitation, the design of the Site, trademarks, button icons, text,  logos, graphics, images and all software and source code connected with the Site is owned by us or licensed to us and is protected by international copyright laws and other laws.  Your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.

12.2 You will infringe our rights if you copy or reproduce any part of the Site save for:

12.2.1 a temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or

12.2.2 you printing out any pages from the Site as a record of any Information you have requested or obtained  from it; or

12.2.3 you printing out a copy of these Terms Of Use which we would request you to do; or

12.2.4 your own personal use provided that:

12.2.4.1 no documents or related graphics on the Site are modified in any way;

12.2.4.2 no graphics on the Site are used separately from the corresponding text; and

12.2.4.3 our copyright and trade mark notices and this permission notice appear in all copies.

Other than for the above three exceptions you must not copy the intellectual property in question for any purpose.

12.3 For the purposes of this Clause 12 “copy” and “copying” shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.

13.1 To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, both we and the Website Operator shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event, subject to clause 10.1, shall such damages or liability exceed ten pounds (£10).

13.2 You understand and agree that your use of the Site is at your own sole risk.  The Site is provided “as is” and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement.  We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. Subject to clause 10.1, you will not hold us or the Website Operator responsible for any direct, indirect or consequential loss or special damages (including without limitation loss of business, opportunity, data, profits) that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us or the Website Operator.

13.3 Neither we nor the Website Operator make any warranty that any particular device or software you use will be compatible with this Site. It is your sole responsibility to ensure that your system(s) will function correctly with this Site.

13.4 Subject to clause 10.1 under no circumstances shall we or the Website Operator be liable for any unauthorised use of the Site or the Information on it.

13.5 Subject to clause 10.1 under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages.

13.6 Subject to clause 10.1, neither we nor the Website Operator accept any responsibility or liability under any circumstances for the quality of the services obtained by you from lenders referred to on this Site (nor for the content of their material on the Site).  Subject to clause 10.1, neither we nor the Website Operator accept any liability whatsoever for any consumer rights which you may have arising from any business transaction which you have carried out with lenders referred to on the Site.

This Agreement is only for the benefit of you and us and, with the exception of the Website Operator, no other person can claim a benefit from this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.

This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site.  If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us (whether or not such claim or dispute involves the Website Operator) or relating in any way to your account or your use of this Site.

The European Commission provides a platform (the “ODR platform”) for the out-of-court resolution of dispute concerning contractual obligations arising from online contracts for sales or services. The ODR platform is accessible via the following link: ec.europa.eu/consumers/odr.

Our email address is: info@touchfinancial.co.uk

You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Site.  You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and your continued use of the Site after such a change will constitute your acceptance of the changes.

You acknowledge that you have read, understood and agree to be bound by the Terms Of Use of this Agreement and by our Privacy and Cookies Policy.