1. Your relationship with Whitestorm Financial
2. Accepting the Terms
3. Changes to the Terms
4. General restrictions on use
5. Whitestorm Financial content on the Website
6. Links from Whitestorm Financial
7. Ending your relationship with Whitestorm Financial
8. Exclusion of Warranties
9. Limitation of Liability
10. General legal terms
1.1 Your use of the equityrelease365 website (the "Website") is subject to the terms of a legal agreement between you and Whitestorm Financial. "Whitestorm Financial" means Whitestorm Financial Ltd, incorporated in England and Wales under the Companies Acts.
1.2 Your legal agreement with Whitestorm Financial is made up of:
1.3 The Terms form a legally binding agreement between you and Whitestorm Financial. It is important that you take the time to read them carefully.
1.4 The Terms apply to all users of the Website, including users who are also contributors of information, and other materials or Website to Whitestorm Financial.
2.1 In order to use the Website, you must firstly agree to the Terms. You may not use the Website if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Website. You understand and agree that Whitestorm Financial will treat your use of the Website as acceptance of the Terms from that point onwards.
2.3 You may not use the Website and may not accept the Terms if
2.4 You should print off or save a local copy of the Terms for your records.
3.1 Whitestorm Financial may make changes to the Terms from time to time. When these changes are made, Whitestorm Financial will make a new copy of the Terms available at www.equityrelease365.co.uk/terms_and_conditions
3.2 You understand and agree that if you use the Website after the date on which the Terms have changed, Whitestorm Financial will treat your use as acceptance of the updated Terms.
3.3 You should check the Terms regularly for changes.
4.1 Whitestorm Financial hereby grants you permission to access and use the Website, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
but shall not include:
4.2 You agree that you will comply with all of the other provisions of the Terms and the Whitestorm Financial Privacy Policy at all times during your use of the Website.
4.3 Whitestorm Financial grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Whitestorm Financial reserves the right to revoke these exceptions either generally or in specific cases.
4.4 Whitestorm Financial is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Website which Whitestorm Financial provides may change from time to time without prior notice to you.
4.5 As part of this continuing innovation, you acknowledge and agree that Whitestorm Financial may stop (permanently or temporarily) providing the Website (or any features within the Website) to you or to users generally at Whitestorm Financial's sole discretion, without prior notice to you. You may stop using the Website at any time. You do not need to specifically inform Whitestorm Financial when you stop using the Website.
4.6 You agree that you are solely responsible for (and that Whitestorm Financial has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Whitestorm Financial may suffer) of any such breach.
5.1 All content on the Website including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Website (the "Whitestorm Financial Content") is either owned by or licensed to Whitestorm Financial, and is subject to copyright, trade mark rights, and other intellectual property rights of Whitestorm Financial or Whitestorm Financial's licensors. Any third party trade or service marks present on the Whitestorm Financial Content are trade or service marks of their respective owners.
5.2 Whitestorm Financial Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Whitestorm Financial, or Whitestorm Financial's licensors. Whitestorm Financial reserves all rights not expressly granted in and to the Whitestorm Financial Content.
6.1 The Website may include hyperlinks to other web sites that are not owned or controlled by Whitestorm Financial. Whitestorm Financial has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
6.2 You acknowledge and agree that Whitestorm Financial is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
6.3 You acknowledge and agree that Whitestorm Financial is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
6.4 Whitestorm Financial encourages you to be aware when you leave the Whitestorm Financial website and to read the terms and conditions and privacy policy of each other website that you visit.
7.1 The Terms will continue to apply until terminated by either you or Whitestorm Financial as set out below.
7.2 If you want to terminate your legal agreement with Whitestorm Financial, you may do so by
7.3 Whitestorm Financial may at any time, terminate its legal agreement with you if:
7.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Whitestorm Financial have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 10.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
8.1 Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
8.2 The Website are provided "as is" and Whitestorm Financial makes no warranty or representation to you with respect to them.
8.3 In particular Whitestorm Financial does not represent or warrant to you that:
8.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Website except to the extent that they are expressly set out in the Terms.
9.1 Nothing in these Terms shall exclude or limit Whitestorm Financial's liability for losses which may not be lawfully excluded or limited by applicable law.
9.2 Subject to the overall provision in paragraph 9.1 above, Whitestorm Financial shall not be liable to you for:
9.3 The limitations on Whitestorm Financial's liability to you in paragraph 9.2 above shall apply whether or not Whitestorm Financial has been advised of, or should have been aware of, the possibility of any such losses arising.
9.4 We do not provide any legal, financial or other advice. We do not make any recommendations or endorsement as to any product or service supplied by any third party or linked to by our Websites. We strongly recommend that you consult an Independent Financial Advisor (IFA) prior to entering any contract, who can provide advice appropriate to your individual circumstances.
9.5 We have no control over, and do not accept liability for, the actions of any entity with whom you decide to contract as a result of visiting our Website.
10.1 The Terms constitute the whole legal agreement between you and Whitestorm Financial and govern your use of the Website and completely replace any prior agreements between you and Whitestorm Financial in relation to the Website.
10.2 You agree that Whitestorm Financial may provide you with notices, including those regarding changes to the Terms, by postings on the Whitestorm Financial website.
10.3 You agree that if Whitestorm Financial does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Whitestorm Financial has the benefit of under any applicable law), this will not be taken to be a formal waiver of Whitestorm Financial's rights and that those rights or remedies will still be available to Whitestorm Financial.
10.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
10.5 You acknowledge and agree that each member of the group of companies of which Whitestorm Financial is a part (including those with minor shareholdings) shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
10.6 The Terms, and your relationship with Whitestorm Financial under the Terms, shall be governed by English law. You and Whitestorm Financial agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Whitestorm Financial shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.