Terms & Conditions

Terms and Conditions of Use of the kmsmortgages.co.uk™ website

These terms and conditions detail how the kmsmortgages.co.uk™ website (the "Website") can be used. If you use the Website you agree to be bound by these terms and conditions.

Definitions

In these terms and conditions, " we " and " us " mean KMS Mortgages™ Which is a Trading Style of Kelly Mortgage Solutions Limited (company number 4852322) whose registered address is 33 St Peters Mount, Exeter, EX4 2JD.
Access to the Website and content
We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time.
We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the Website from time to time.
We assume no responsibility for the content or services of any other websites to or from which the Website has links.

Our service

In all channels on the Website we will prompt you to complete an online fact finding questionnaire relating to the type of product or service you are looking for.

After you have completed and submitted an enquiry via the Website we will send you an e-mail acknowledging that the enquiry has been submitted. Once submitted, your enquiry will be forwarded to one of our in house mortgage brokers so that it can be processed & quoted. If you do not hear from the companies within a reasonable period, we recommend that you contact our office number 01626 773550 or e-mail info@kmsmortgages.co.uk and we will be happy to assist.

The fact that a product or service is offered by the master broker and/or lender does not constitute a guarantee or a representation of our belief that that product or service is suitable for you, is still available or will be made available to you by the provider. We accept no responsibility whatsoever in the event that a provider refuses to give you a quote or monies for any product or service.

Intellectual Property

The copyright and all other intellectual property rights in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to us or our licensors. All rights are reserved. None of this material may be reproduced or redistributed without our prior written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.

All rights in kmsmortgages.co.uk™ and the logo are owned by Kelly Mortgage Solutions Ltd. Other product and company names mentioned on this Website are the trademarks or registered trademarks of their respective owners.

You shall retain ownership of the data you submit to the Website. You grant us a world-wide, royalty-free, non-terminable license to use, copy, distribute, publish and transmit such data in any manner.

Disclaimer

We are not authorised to carry out all regulated activities, as defined by the Financial Services and Markets Act 2000. For example, we are not authorised to give any investment nor pension advice. KMS Mortgages are Mortgage Brokers and have specialist experience in Mortgage and its related insurances, nothing within the Website is, or shall be deemed to constitute, financial or other advice or a recommendation to purchase any product or service. Any and all information provided within the Website and email is for general information purposes only. We strongly recommend that independent professional advice is obtained before you purchase any product and/or service via the Website. We may receive commission for introducing customers to outside companies that you give us permission to forward your details to help you arrive at your ultimate financial solution.

Exclusions of liability

We use reasonable endeavours to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Website will be fault free and we do not accept liability for any errors or omissions.
We do not monitor, verify or endorse information submitted by us or third party providers for inclusion on the Website and you should be aware that such information may be inaccurate, incomplete or out of date. In particular, we do not monitor, verify or endorse the information or quotations given by the master brokers or lenders. To the extent permitted by applicable law, we disclaim all warranties, terms and representations (whether express or implied) as to the accuracy of any information contained on the Website.

We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
Due to the nature of electronic transmission of data over the internet, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law.

Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or for our fraud, or excludes or limits our duties or any liability under the Financial Services and Markets Act 2000, as amended, ("FSMA") or any conduct of business rules developed pursuant to FSMA.

Subject to the liability which we accept in clause 6.5: (a) our aggregate liability to you arising out of or in connection with this agreement or use of the Website shall not exceed £100; and (b) we shall not be liable in contract, tort or otherwise howsoever arising out of or in connection with this agreement or use of the Website for any indirect loss *, consequential loss, loss of profits, data, revenue, business opportunity, anticipated savings, goodwill or reputation.

* For losses that were not foreseeable to both parties when the contract was made * For losses that were not caused by any breach on part of the supplier * For business losses and/or losses to non consumers.
Clauses 6, a, b, c, d, e and f do not affect your Statutory Rights as a consumer.
Exclusion of liability for third party providers' products and services

You can apply for a number of products and services via the Website. Please be aware that all the products and services that appear on the Website are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services before contracting with the third parties. We accept no liability for any products or services or information provided by third party providers. The third party providers will be supplying products and services on their own standard terms and conditions and you should check that you agree to those terms and conditions before making an application.

Clause 7 does not affect your Statutory Rights as a consumer.

General

The content of this Website is directed solely at those who access the site from the United Kingdom. We make no representation that any product or service referred to in this Website is available or otherwise suitable for use outside of the United Kingdom.

The Website is for your non-commercial, personal use only and must not be used for business purposes.

If any provision of this agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.

If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.

We may modify these terms and conditions at any time. Your continued use of the Website signifies your acceptance of such modifications.

Except as set out in clause 14.7, neither party may assign or transfer any of its rights under these terms and conditions without the prior written consent of the other.

We may assign or transfer our rights under this agreement pursuant to a re-organisation or trade or share sale, or to any company in the Branton Finance group of companies for our convenience.

Unless expressly provided in this agreement, no term of this agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

Privacy

Your Privacy is very important to us, please read our privacy policy. This privacy policy forms part of these terms and conditions.
Governing law

These terms and conditions are governed by and construed in accordance with English law. Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which each party submits.

Company Reg 4852322 - Consumer Credit Licence 568341 - Data Protection Z8965163