General Terms and Conditions
General Terms and Conditions
1 Acceptance of terms
Find it Near Me provides a service to enable members of the public to search for, select and check the credentials of a professional in their local area. In using this service or any other service provided by Find it Near Me (whether you are a Client, a Professional or otherwise), you agree to comply with and be bound by the terms and conditions set out below (“Terms”) which constitute a binding contract between you and Find it Near Me. If you do not wish to be bound by the Terms you should not use the service.
2 Key Definitions
In these Terms the following definitions shall apply:
means persons who use the Service for the purposes of either searching for and identifying a Professional which meets their needs or providing feedback on their Professional.
“Independent Financial Advisers”
Means Independent Financial Advisers (IFAs) or other Financial Advisers who register on the Website in order to promote their services and credentials to Clients.
“Independent Mortgage Advisers”
Means Independent Mortgage Advisers who register on the Website in order to promote their services and credentials to Clients.
Means any Independent Financial Adviser or Independent Mortgage Adviser who registers on the Website in order to promote their services and credentials to Clients.
means the online and telephony service operated through the Website whereby users can search for, select and check the credentials of Professionals, together with any other service provided by Finditnearme to Users from time to time.
means anyone using the Website and/or making use of the Service.
“Find it Near Me”, “us”, “we” and “our”
means Find it Near Me Limited, a Company registered in Scotland (No. SC646170) 21 Torphin Bank, Edinburgh, EH13 OPH
means the website www.finditnearme.co.uk and all the pages, content and sub-domains contained in it. It also means similar websites that we develop with third parties under their own brands.
3 Nature of the Service and the role of Find it Near Me
The primary purpose of the Service is to help Clients find and choose the right Professional for their needs. It is the responsibility of the Client to identify and select an appropriate Professional, to agree the fee arrangements and other terms of engagement with the Professional and to assess the suitability, if applicable, of any recommendations the Professional provides, including any recommendation of financial products.
Prior to the initial registration of a Professional on the Website, and on occasion after that (at a frequency determined by Find it Near Me at its discretion), Find it Near Me checks the Professional’s status with either their employer and/or the relevant regulatory or professional body (e.g. Financial Conduct Authority for Financial Advisers. Where Find it Near Me is unable to conduct these checks, this will be clearly marked on the Professional’s profile page on the Website. Find it Near Me also requests of each Professional that the description of their services and qualifications on the Website is accurate. Find it Near Me shall not be responsible for conducting any other checks on Professionals.
Find it Near Me does not recommend any Professional, and the fact that a Professional is listed on the Website or as part of the Service does not mean that they are approved or endorsed by Find it Near Me in any way.
Find it Near Me is not authorised to give, and does not give, any financial or legal advice through the Service.
A secondary purpose of the Find it Near Me website is to allow people to find a Professional already known to them, either to read feedback about them, or provide some. The list is based on publicly available data and information, as well as data that has been uploaded by the individuals.
In providing the Services, Find it Near Me is not acting as a contractor or agent for any other person.
Although we make reasonable attempts to ensure that it is correct, Find it Near Me cannot guarantee the accuracy of the information on the Website or elsewhere in the Service, and we are not liable for any problems or losses arising from errors in such information.
Information contained in this Website or elsewhere in the Service is provided for general guidance only and shall not be construed as professional advice. Find it Near Me does not accept any responsibility for any loss which may arise from the reliance on information contained in the Website.
5 Use of the Website and Content
You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else’s use and enjoyment of the Website
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Website are the sole responsibility of the person from whom such content originated, and Find it Near Me does not control, and is not responsible for Content provided by any other person (including, without limitation, any advertiser on the Website).
You are entirely responsible for all Content that you upload, post, email or otherwise make available via the Service.
You agree not to upload, post, email, or otherwise make available any Content:
- that is false or misleading;
- that infringes any intellectual property rights of, or a duty of confidentiality to, any other person;
- that advertises products or services the sale or supply of which is prohibited or restricted by applicable law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- that is libellous, abusive, threatening, vulgar, obscene, or otherwise objectionable
You acknowledge that Find it Near Me does not pre-screen or approve Content, but that Find it Near Me shall have the right (but not the obligation) at its sole discretion to refuse, delete, edit or move any Content that is available on the Website for violating the letter or spirit of the terms or for any other reason.
We reserve the right to request evidence from Professionals of their relationship with Clients to prevent fraudulent reviews. We also reserve the right to contact reviewers to verify Content they have written.
6 Find it Near Me Service
While Finditnearme.co.uk undertakes significant effort to ensure the information provided on this website is correct, it is your responsibility to confirm its accuracy with the adviser. Any decisions you take having spoken with the adviser must be made by you on the basis of your own investigations.
All Clients are able to leave feedback, in the form of a comment on the relevant adviser profile page, about the Professional they have received professional advice from. Users who have made contact with a Professional may leave a comment about their experience, even if they do not go on to become a Client. Users must ensure that any feedback posted by them conforms to the rules regarding Content in the section entitled “Use of the Website and Content” above. Find it Near Me is not responsible for the content of feedback posted by Users, or any harm done by such content.
Find it Near Me shall take reasonable measures to verify that the feedback is genuine, and may at its sole discretion remove Client feedback where authenticity is in doubt. Find it Near Me does not accept any responsibility for damage caused by false or bogus feedback, or its failure or refusal to remove it.
Where a Client, Professional or other User believes feedback (about a Professional) may be fraudulent, defamatory or abusive, they should immediately contact Find it Near Me through the Contact page or by emailing firstname.lastname@example.org
8 Third Party Links
The Website and Content may contain links to other websites which are independent of Find it Near Me. Find it Near Me makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any other site, and if you follow a link to another website you do so at your own risk.
9 Intellectual Property
Find it Near Me owns all the intellectual property rights relating to the Website, including the designs, text, database, graphics and layouts, and you agree not use or copy any part of them without our express permission in writing.
You agree not to download, reproduce, copy, resell or exploit for any commercial purposes, any aspect of the Service, or to use automated means to download data from the Service (including without limitation, spiders, robots, crawlers or data mining tools, but excepting standard internet search engines).
Users are not permitted to decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
The intellectual property rights in Content (including logos and media) provided to be uploaded to the Website are retained by the copyright owner, and Content to be added to the Website is provided by Users at their own risk. In doing so you are giving irrevocable permission for us to store, display and use the Content as we see fit.
10 Dealings between Users
Your interactions with organisations and/or individuals found on, or through, the Website, including responsibility for delivery of and payment for products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You agree that Find it Near Me shall not be responsible, or liable, for any loss or damage of any sort arising from any such dealings.
In the event that you have a dispute with one or more other Users, you hereby release Find it Near Me, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service (save to the extent caused by Find it Near Me’s own negligence or wilful default). Whilst Find it Near Me may, at the request of a Client or a Professional, investigate a complaint, you acknowledge and agree that Find it Near Me is under no obligation to become involved in any dispute between Users.
11 Preventing Abuse
We strive to make sure that your experience of using the Service is positive and rewarding, and as a result we may contact you from time to time during your use of the Service to check that you are satisfied with how things are going and to verify that Professionals and other Users are complying with their obligations to you and us. You understand and agree that we may contact you from time to time for these purposes and that, in the interests of maintaining the quality and integrity of the Service, you will respond promptly and truthfully to any reasonable requests for information.
12 Disclaimer of Liability
Find it Near Me does not recommend, endorse or approve any of the Professionals listed in the Website or any advice they may provide.
It is the sole responsibility of the Client to select an appropriate Professional, to agree the terms of engagement with the Professional and to assess the suitability of any products or services offered or recommended to them. Find it Near Me does not give any warranty as to the suitability, competence or qualifications of any Professional and shall not be liable for any loss or damage resulting from any advice given by a Professional or the purchase of (or failure to purchase) any products or services as a result of or in connection with such advice.
Save for the checks on Professionals referred to in section 3 above, Find it Near Me is not responsible for vetting or conducting any checks on Professionals.
You agree that the Website and the Service are provided on an “as is” or “as available” basis, and accordingly use of the Website and the Service is entirely at your own risk. Any and all warranties relating to the Website and the Service, including, without limitation, any implied warranties as to fitness for a particular purpose and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law.
Find it Near Me takes reasonable care to ensure that the Website and its electronic communications are virus-free. However, Find it Near Me disclaims any warranty that the Website is free of viruses or other harmful components.
You agree to indemnify and hold harmless Find it Near Me, its officers, employees, agents and service providers from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, or your violation of any rights of any person or organisation.
14 Limitations on Service
You acknowledge that Find it Near Me may establish limits concerning use of the Website, including but not limited to the maximum number of days that Content will be retained by the Website, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Website, and the frequency with which you may access the Website.
You agree that Find it Near Me has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website. You also acknowledge that Find it Near Me reserves the right at any time to modify or discontinue the Website (or any part of it) with or without notice.
Find it Near Me shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any part of it, including for loss of profit or consequential loss or damage.
15 Termination or restriction of Service
You agree that Find it Near Me, in its sole discretion, has the right to delete, suspend or deactivate your user account, block your email address, or otherwise terminate or restrict your access to or use of the Website immediately and without notice and remove and discard any content within the Website for any reason, including, without limitation, if Find it Near Me believes that you have acted inconsistently with the letter or spirit of the Terms.
You agree that neither Find it Near Me nor its officers or employees shall be liable to you or any third-party for any termination or restriction of your access to the Website.
17 Changes to Terms
Find it Near Me reserves the right to change or update these Terms from time to time. As a User of the Website, you are responsible for informing yourself of any updates of these Terms by visiting this section. Any significant changes in the Terms will be notified by an announcement on the Website and/or an email to active Users.
Professional Specific terms
1 Acceptance of Terms
In submitting an online registration form (“Registration Form”) or submitting a registration request – in writing or verbally to a Find it Near Me representative to participate in the Service you agree to comply with and be bound by (i) our general terms and conditions (“General Terms”), and (ii) the terms and conditions set out below (“Professional Terms”), which together with the Registration Form or registration request constitute a binding contract between you and Find it Near Me. Definitions used in the General Terms also apply in these Professional Terms.
Independent Financial Advisers who feature on Find it Near Me agree to follow the “Our Process” stages as outlined on the website page with the same name, when servicing new clients who have used Find it Near Me to contact them.
There is no subscription fee to be on the Find it Near Me site. When Find it Near Me runs marketing campaigns, the cost will be shared by those likely to benefit from such marketing.
3 Completion of Profile
At the time of registration for the Service you will be asked to complete your online profile, which you must do as fully and accurately as possible. You are responsible for keeping your profile up to date at all times and you must promptly notify Find it Near Me of any material changes in relation to your details or status which may affect your eligibility to use the Service (including without limitation any change in your FCA registration).
4 Fees and Payment
Any significant changes to our charging structure, subscription fees, enquiry fees or addition or changes to other charges will be communicated in advance via an e-mail to active Professionals.
Independent Financial Advisers and Independent Mortgage Advisers shall pay to Find it Near Me subscription fees in respect of the Service on the basis and at the levels described below.
Independent Financial Adviser, Independent Mortgage Adviser
Includes a profile shown to people who search for a Independent Financial Adviser or Independent Mortgage Adviser in your area, including:
Reviews from clients
Description of services
Business Logo, Photo and/or video
Years of experience
Business website link
VAT will be charged as an additional item if required.
Billing & Invoicing
Find it Near Me shall bill your bank account directly or through a third party supplier, subject to that party’s terms and conditions, as accepted separately by you. Where that arrangement is not in place and an alternative has been agreed in writing with Find it Near Me, Find it Near Me will supply you with invoices. All invoices shall be payable within 14 days of receipt. Find it Near Me reserves the right to charge interest on any overdue amounts at the rate of 2% above the base lending rate of RBS plc from time to time, such interest accruing daily.
Suspension of the Service
Your obligation to pay any fees shall not be affected by any disruption, discontinuance, downtime or suspension of the Service for any reason.
Your right to cancel
You may cancel your subscription to the Service at any time by giving Find it Near Me at least one calendar month notice in writing.
Cancellation by Find it Near Me by notice
Find it Near Me may cancel your subscription to the Service: by notice in writing given at any time prior to the end of the Initial Period, to take effect at the end of the Initial Period; or at any time following the end of the Initial Period by giving one month’s notice in writing.
Cancellation for an Event of Default
Find it Near Me may cancel your membership and/or delete, suspend or deactivate your user account or otherwise terminate or restrict your access to the Service immediately and without notice and remove and discard any content within the Website if you commit an “Event of Default”. Each of the following shall be an Event of Default:
You cease providing the services of a Professional; you fail to comply fully with any Find it Near me investigations into the validity of information you have provided or feedback you have received from Users, or those investigations raise significant suspicions, as determined by Find it Near Me at its sole discretion; your FCA registration lapses or is cancelled, or you become subject to any inspection, investigation or enquiry by the FCA or any other professional statutory or regulatory body (save for routine inspections in the ordinary course) or any consumer body or reputable news service; your firm has a legally-binding contract in place with you that requires you to deactivate your Find it Near Me profile upon you leaving the firm; we receive a complaint about you from a Client or other User or you become involved in a dispute with a Client or other User, in circumstances where Find it Near Me considers, in its absolute discretion, that your continued participation in the Service or presence on the Website may cause harm to the business or reputation of (i) the Service, (ii) Find it Near Me or (iii) Find it Near Me’s officers or employees; you commit a material breach of the General Terms or these Professional Terms (including, without limitation, failure to make any payment of Fees when due); (i) you become unable to pay your debts within the meaning of the Insolvency Act 1986, or (ii) a receiver, liquidator, administrator or trustee in bankruptcy is appointed in respect of all or any part of your undertaking or assets, or (iii) you enter into a creditors’ voluntary arrangement or an individual voluntary arrangement, or (iv) any order is made or resolution is passed in connection with the liquidation, administration, bankruptcy or winding up of you or your business.
You are obliged to notify Find it Near Me immediately in writing upon becoming aware that an Event of Default has occurred.
If Find it Near Me cancels your subscription as a result of an Event of Default, any Fees already paid by you shall belong to Find it Near Me.
6 Client Management
We reserve the right to contact reviewers to verify Content they have written.
Find it Near Me reserves the right to verify your compliance with the General Terms or these Professional Terms generally by any lawful means including (without limitation) by contacting Clients, mystery shopping and through monitoring on-site behaviour.
You understand and agree that Find it Near Me will remain in contact with Clients during their use of the Service and that upon request by a Client, Find it Near Me shall be entitled (but not obliged) to investigate and become involved in any Client complaint or grievance or any dispute between you and a Client.
7 Accuracy of Information
By completing a Registration Form and using the Service you unconditionally confirm that:
You acknowledge and agree that, without the need for any further consent, Find it Near Me shall be entitled to contact directly the FCA (and/or any other applicable professional or certifying body), financial institutions, networks and any other body or organization which Find it Near Me may in its discretion decide, in order to verify your FCA authorization and any information posted on the Website or otherwise provided by you in connection with the Service, or to verify the validity of any information provided by a User posting feedback about your service. In the case of an individual representative of a financial advice firm we also reserve the right to contact their employer or any previous employer of such representative for the same purpose. You also acknowledge and agree that, without the need for any further consent, Find it Near Me shall be entitled to inform such bodies and organisations of any suspicions it may have concerning the authenticity of any information provided by you in connection with the Service.
- The details provided by you in your Registration Form, profile template and in your online firm profile is true, fair and accurate in all material respects and complies with all applicable regulatory or statutory requirements;
- You are registered as an Independent Financial Adviser, you confirm that:
- you are an independent adviser (per the latest FCA definition) and you are able to provide fee-based advice to Clients;
- you have accurately stated that you offer Independent advice in each product area (including but not limited to Investments, Pensions and Mortgages)
8 Compliance with law
You acknowledge and agree that in completing a Registration Form, participating in the Service and providing services to Clients you are required to inform yourself of and comply with all applicable laws, regulations and guidelines (whether mandatory or not) and Find it Near Me shall have no responsibility for reviewing or verifying your compliance.
You acknowledge and agree that feedback from Clients to whom you have provided advice may be published on the Website and in such other places and/or forms as Find it Near Me shall reasonably decide, and that Find it Near Me shall not have any responsibility for screening or monitoring such feedback.
In the event that you suspect that any feedback made about you on the Website is not authentic feedback from a Client advised by you, or you consider any feedback to be abusive, libellous or inappropriate you should bring this to the attention of Find it Near Me who shall have a duty to investigate the matter. We shall take such action in relation to such a matter as we shall decide in our absolute discretion, which may involve the editing or removal of such feedback.
Your obligation to pay Fees shall not be affected by any action we take (or refrain from taking) in relation to feedback.
10 Use of Information in Promotional Material
By completing the Registration Form, you give Find it Near Me permission to reference you, your profile, your photo and your client feedback in any material which promotes the Find it Near Me website.
Find it Near Me’s Obligations
We reserve the right to change the content, promotional schedule and date of all marketing campaigns. Find it Near Me shall not be liable for any loss of revenue suffered by you or your firm as a result of not being listed. If you wish to opt out of being featured in the national press, please email email@example.com
You shall provide Find it Near Me with all information required by Find it Near Me to facilitate the delivery of a timely and proper marketing campaign.
You warrant and represent that all information provided to Find it Near Me is accurate and complete.
Intellectual Property Rights
You may not use the “Find it Near Me” name, trade mark or logo without our prior express consent.
Clients who do not opt in to receiving further communication will not be contacted except where necessary to complete the services outlined in these Terms.
All data will be stored, protected and managed in line with the Data Protection Act 1998 (“DPA”), the General Data Protection Regulation (GDPR) and any other relevant legal requirements.
11 Governing law & jurisdiction
These Terms shall be governed by and interpreted in accordance with the laws of the U.K. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English, Northern Irish, Scottish and Welsh courts.
If any provision of these Terms is held to be illegal or unenforceable such provision shall be severed and the remainder of these Terms shall remain in full force and effect, unless the business purpose of the contract between us is substantially frustrated as a result.