MortgageGym terms and conditions

MortgageGym is a service which compares Kensington Mortgages financial products that may be of use to you. We do not consider products from any other lender.

Overview

• We set out below the important points for you to note when using our website. These summary points are not part of our Terms and Conditions and are for reference only. Before using our website, we recommend that you read all of our Terms and Conditions to ensure that you are happy with them. We suggest that you keep a copy of these Terms and Conditions in a safe place for future reference.

• You must only use MortgageGym for your personal use.

• You must provide accurate and complete information when using this website so that we can provide appropriate mortgage and financial product quotes.

• If you input incomplete or incorrect information whilst using this website and enter into a relationship with an adviser or Kensington Mortgages on the basis of that information, your mortgage offer may not fully meet your needs and/or not be available on the same terms.

• MortgageGym must only be used by UK residents. Nothing in these Terms and Conditions will constitute an offer or promotion for services or products outside of the United Kingdom.

• All information, data and copyright material contained on this website must not be reproduced or used without our written consent.

• We provide a mortgage comparison service and where you propose to enter into a separate agreement with Kensington Mortgages, you should check their terms and conditions to ensure that you are comfortable with them as you will contract with them directly on their terms and conditions.

1. General

   1. What these terms cover. These are the terms and conditions that apply to your use of this website.

   2. Why you should read them. Please read these terms carefully before using this website. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

   3. By using this website you agree to these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions you should not use this website.

   4. We may change these Terms and Conditions from time to time. We will give you notice of any changes by posting those changes on our website. We will not vary any terms and conditions which you previously agreed whilst using this website. However, any amended Terms and Conditions will apply to your use of this website from the date they are posted and if you do not agree with the amended Terms and Conditions, you are entitled to stop using this website at that time.

2. Definitions

   1. "adviser" means a mortgage adviser.

   2. "you" and "your" means the person who proposes to use or is using this website.

   3. "we", "us" and "our" means MortgageGym a trading name of Mortgage Gym Solutions Limited is an Appointed Representative of PRIMIS Mortgage Network, a trading name of First Complete Limited which is authorised and regulated by the Financial Conduct Authority The Financial Conduct Authority does not regulate some investment mortgage contracts. Embrace Financal Services is registered in England and Wales company registration number 06447316. The company’s registered office is at Howard House, 3 St Mary’s Court, Blossom Street, York YO24 1AH.

   4. "quote" means the details of Kensington Mortgages’ offerings whose mortgage products are identified as being of relevance to you and are shown to you. Quotes are selected for your attention by reference to a number of factors including but not limited to your credit history, the value of the mortgage you are seeking and affordability assessment based upon the information you have provided. In providing you with a quote we are not able to guarantee the availability of the product, the service or the price set out as you will need to deal with the product or service provider direct to make a purchase.

   5. "website" means our service on a site on the worldwide web or our application.

   6. "writing" includes emails and text messages. When we use the words "writing" or "written" in these terms, this includes emails and text messages.

3. Use of this website

   1. By using this website you agree that:

      1. You will not do anything that affects the integrity or security of this website or causes or may cause harm, damage or unreasonable inconvenience to other users of this website or us; and

      2. You will not gather, extract, download, reproduce and/or display or advertise on any other website, other online or off-line service or otherwise, any material on or from this website, including but not limited to information relating to mortgage prices, whether that information has been gained by the use of spiders, data mining, trawling or other 'screen scraping' software or system used to extract data.

   2. If you breach any of the clauses set out at 3.1 above, we may take such action as we deem appropriate, including denying you access to this website, bringing legal proceedings against you and disclosing such information to appropriate legal and/or regulatory bodies.

4. UK residents only

   1. This website is directed only at UK residents and nothing within it or these Terms and Conditions constitutes an offer or promotion of services or products to persons outside the United Kingdom. We do not make any warranty or representation that the services we offer are available or appropriate for use by those outside the UK. Should you choose to use the services we provide outside the UK, you do so at your own risk and it is your responsibility to ensure that you are compliant with any applicable local laws.

5. Your obligations

   1. You must only use the MortgageGym for your personal use.

   2. It is your responsibility to ensure that all information you supply to us or enter onto this website is complete and accurate, so please double-check your information before submitting it.

   3. You will need to answer a number of questions including personal details and financial information in order to obtain a quote for any product or service. These questions are designed to ensure that we are able to access information from credit reference agencies, conduct electronic verification checks including know your client, anti-money laundering and confirmation of income checks and share those details with an adviser and Kensington Mortgages so that they have all the information necessary to provide you with accurate, appropriate and timely information relating to the products and/or services in which you are interested.

   4. In the case of mortgages the quoted payment amounts are determined by the answers you provide to those questions and therefore you should answer all questions truthfully and fully and to the best of your knowledge and belief. In all cases, if you fail to provide complete and accurate information:

      1. any quote may no longer be available or liable to change significantly; and/or

      2. You may be liable for damage or loss to Kensington Mortgages ( depending on the terms and conditions you have agreed with them.

   5. If you are using a product or service provider's website directly you must also read their terms and conditions. The product or service provider's terms and conditions will cover any transaction or agreement between you and the product or service provider, whereas these Terms and Conditions agreed with us relate only to your use of this website.

6. Our service

   1. We provide a service on our website that delivers mortgage robo-advice and presents indicative comparisons of mortgage values and products that may be available to you as well as insight into the likelihood of you being able to obtain those mortgage products. Our website uses a combination of information that we obtain from Kensington Mortgages, information contained with your credit file, information you have provided and certain assumptions made based on the information that you have supplied.

   2. Our website will not provide a final recommendation or endorsement of any particular product but will select an adviser based on your availability, who will provide you with further advice about particular products and, should you so instruct them, mediate a mortgage contract.

   3. We exclude our liability for any loss or damage you may suffer resulting from acts or omissions, including but not limited to the negligence, of any third party to whom we pass your details in accordance with clause 6.2 above or as otherwise requested.

   4. The information you share with us is used along with supplementary information such as credit reference data, by the product or service provider to formulate their quote. It is important that you double-check all information to ensure that it is complete and accurate.

   5. To enable us to provide all of the information required by the adviser to enable them to assess the basis on which you may be eligible for a mortgage product you have made enquiries about we will also access your credit history and relevant financial information. These details, which we may share with the adviser, will enable us to provide the advisor and you with details of the products available to you.

   6. Our website may display the details of adviser or lenders to enable you to contact your preferred product or service provider.

   7. These Terms and Conditions and our correspondence with you will be communicated in the English language.

   8. We want you to know that our mortgage searches will not affect your ability to get credit. Please also understand that:

      1. we will search a credit reference agency (Experian) who will provide us with publicly held data about you, including the electoral roll and shared credit performance data. If you have a financial associate their data may also be provided;

      2. we will use the information provided to us by Experian to help decide which products may be best for you;

      3. there may also be other products available from lenders who are not represented by this service. Our service will only consider products provided by Kensington Mortgages;

      4. when Experian receives a search request from us, they will place a 'quotation search' on your credit report footprint, whether or not you decided to apply for the product;

      5. the information which we provide to Experian may be supplied by them to other organisations and used by those organisations for the purpose of checking identity, preventing fraud, tracing and collection of debt;

      6. Experian may also use your data to undertake statistical analysis;

7. Validity of quote

   1. We do not control the price or conditions relating to quotes. These are set by Kensington Mortgages. If you obtain a quote and would like to see how long it is valid for or any special conditions relating to it, please click through the links contained on our website to see the full product details. For more detailed terms and conditions relating to products, you may need to visit the provider's website. Product and service providers' prices, rates and offer times are updated and amended on a regular basis so the quotes are subject to change. Any change in your circumstances must be promptly notified to us and will invalidate any existing quote.

8. Delivery of quotes

   1. You will receive the results of our mortgage comparison technology online. We do rely on the availability of third party systems and websites and general performance of the worldwide web. At certain times some or all online quotes may not be available to you due to problems with third party websites or the worldwide web. Wherever possible, we will try and notify you of this and email you to let you know when your comparisons are ready.

   2. Whilst we strive to provide as comprehensive and easy-to-use a service as possible, the requirements for providing you with a quote may on occasion not be met if further detail is required or if certain requirements are unusual or "non-standard". If this is the case you may be directed to an adviser to discuss your requirements.

9. Responsibilty for content

   1. We are responsible for ensuring that we accurately reflect product quotes via our comparison technology. We are also responsible for statements of fact made to you by us and protecting your data in accordance with data protection legislation.

   2. We will use our best endeavours to provide you with a quality service and virus free website. However, we are not responsible for computer viruses or other computer related problems you suffer as a result of using this website, which are beyond our reasonable control. We recommend that you use your own appropriate virus checking software.

   3. We are not responsible for any commentary, opinions, ratings or other postings on this website by third parties.

   4. Product or service providers and third party websites are responsible for failings or errors on their websites and may have a separate duty of care to you.

   5. You may be entitled to rights separate to these Terms and Conditions under English consumer law or other legislation.

10. Intellectual property

    1. All information, data and copyright material contained on this website, including any trade marks (whether officially registered or unregistered), trade names, brands, logos and devices belong to us or to people whom we have given ownership or permission to use such information data and/or copyright material including Kensington Mortgages. You must not use such information or copyright material unless you have written permission from us or the owner to do so.

    2. You may download or copy the content and other downloadable items displayed on this website for personal non business use only, (i.e. to assist with a purchasing decision), provided that you are not otherwise breaching these Terms and Conditions.

11. Third party websites

    1. This website contains links to websites operated by third parties. Some of those websites will carry our branding and are therefore only accessible by our customers. The operation and content of those websites are determined by those third parties and will be governed by separate terms and conditions. We do not accept responsibility or liability for the content of any third party website, as this is outside of our control.

    2. Links are provided for convenience only and inclusion of any links should not be taken to imply endorsement in any way of the site to which it links.

    3. You may wish to take the following steps when purchasing a product or service from a third party website:

       1. Read and ensure that you understand the terms and conditions of their website and terms and conditions of any product or service you might be agreeing with them;

       2. Clarify and/or check your understanding of relevant terms and conditions by seeking independent advice, for example if the proposed transaction is of significant financial value to you; and/or

       3. We regularly check that all our partners are regulated, however, if you wish to check the service provider you are dealing with is regulated (for example, by the Financial Conduct Authority). You can do this by checking the Financial Services Register on the Financial Conduct Authority's website.

12. Termination

    1. We may issue a warning, temporarily suspend, permanently suspend or terminate your right to use this website if you:

       1. Substantially breach any of these Terms and conditions;

       2. Infringe or violate or attempt to infringe or violate any rights of any other user(s) of this website and/or third parties in connection with this website; or

       3. If you are using this website to commit or attempt to commit a criminal offence.

13. Jurisdiction and enforceability

    1. If any provision of these Terms and Conditions are held by a competent authority to be invalid or unenforceable, the remaining provisions of these Terms and Conditions will not be affected and will remain valid.

    2. In the event of a dispute in connection with or arising out of these Terms and Conditions, English law will apply.

    3. These Terms and Conditions will only apply as between us and you. Unless as otherwise stated in these Terms and Conditions no other person may benefit or rely upon these Terms and Conditions.

14. Complaints procedure

    1. Service standards

       We aim to provide a high level service to all our customers but occasionally things can go wrong. When this happens we will do everything we can to put things right and assist you.

    2. What to do if you have a complaint?

       If you have a complaint about our service, please visit the complaints section of our website www.mortgagegym.com. To make a complaint by email please email us at hello@mortgagegym.com

       To make a complaint in writing by post please send your letter to:

       MortgageGym
       Building 3
       Riverside Way
       Camberley
       GU15 3YL
       

       Should you not find the above convenient and wish to use alternative means of communication, we are happy to speak with you by telephone on 0330 900 9900 so you can advise us of your intentions.

       Please include your name and address, a means of contact and details of why you are unhappy. This will help us to respond to you as quickly as possible. If we do not have enough information to investigate your complaint we will try and contact you to ask for further details.

       If we are unable to resolve your complaint by the close of business the next working day, we will send a written acknowledgement of your complaint to you within 5 working days of its receipt. In our acknowledgement we will advise you of the name and job title of the person who will be dealing with your complaint.

       By the end of eight weeks after receipt of your original complaint letter we will send you a final response or a letter explaining why we are still not in a position to issue a final response and advising you of when we expect to be able to do so.

       You may after eight weeks, or if you are unhappy with our response to your complaint, contact the Financial Ombudsman Service who may be contacted at Exchange Tower, London, E14 9SR or by telephone on 0800 0234567. Their website is at www.financial-ombudsman.org.uk

       If your complaint is regarding a product or service that you have purchased from Kensington Mortgages via this website then you can complain directly to Kensington Mortgages You can get further details of how to do this using this link: www.kensingtonmortgages.co.uk/docs/default-source/consumer-literature/complaints/complaints-procedure.pdf

       We cannot answer complaints on behalf of Kensington Mortgages or accept responsibility for any such complaints. We recommend that you visit their website and follow their complaints procedure if you wish to make a complaint against them.