Terms & Conditions
1. About Fluid
The Site and the “Fluid” brand are owned and operated by TM Connect
Limited, trading as Fluid (Fluid). In these terms and
“our”, “we”, and “us” refer to Fluid.
- are registered in England and Wales (Company Registration Number 06967012) with VAT number 974859255;
- have our registered office and main trading address at Chapter House, 16 Brunswick Place, London N1 6DZ; and
- are authorised and regulated by the Financial Conduct Authority in respect of consumer credit related activities including the carrying out of credit broking (FCA FRN 511936). You can find our authorisation details here.
We operate the Site in order to introduce you to products and services that are exclusively branded by Fluid, and issued by third parties. Further details are set out below in Section 5. We act as a credit broker, not a lender.
2. About you
By using the Site and any services made available through it, you
confirm that you are at least 18 years of age and a resident in
the United Kingdom.
It is your responsibility to ensure that the details you give to us while using this Site are accurate. You must only use the Site in your own name and not for any other person or have any other person seek to apply for products or services via the Site on your behalf.
You are responsible for:
- setting up your information technology, computer programmes and platform to access the Site, including using your own virus protection software;
- ensuring compliance with local laws if you choose to access the Site from outside the United Kingdom;
- ensuring that anyone who accesses the Site through your internet connections is aware of these Terms and complies with them.
When you use the Site, you are allowing us to use any information you provide to us on the Site or which is obtained in response to your use of the Site as we require to provide and improve the Site and the services, including, displaying, distributing and modifying and creating new material using that information in accordance with these Terms.
3. Availability of content
You acknowledge and agree that:
- access to some, or all, of the Site, including the ability check your eligibility for credit products, may be suspended temporarily or permanently by us without notice;
- we may update the Site and the services made available through the Site at any time in our sole discretion;
- we try to ensure that the Site is normally available 24 hours a day, but we do not guarantee that the Site will always be available or uninterrupted and we accept no liability for any losses, damages or costs that arise from or relate to the Site being unavailable at any time or for any period; and
- we do not guarantee that the Site will be free from bugs, viruses or malicious code.
You also acknowledge and agree that:
- all intellectual property and other proprietary rights in and to the Site are owned by and reserved to us or our licensors (as applicable);
- we try to ensure that the content provided by third party suppliers is accurate and complete, however we cannot guarantee that it is completely accurate or complete, or fit for purpose;
- we are not responsible for the third party products and services featured on the Site.
4. Your permission to use the site
Except where you have our prior express written consent, you may only use the Site and the information on the Site and any related material provided to you by us whether by email or otherwise (Materials) as may be specified in the Materials and:
- for personal and non-commercial purposes;
- by viewing them on a device screen;
- to print a reasonable number of copies of them for your own personal use (and not further copying them); and
- to the extent that permission to download and store them is specifically granted in the relevant Materials, downloading and storing the Materials on your computer or portable media but not making any further transfer or copy of them, provided that you acknowledge that downloading materials from the Site into a pdf format and storing it on your device removes the security protection afforded by the Site, which may increase your risk of identity theft, fraud or other disclosure of your personal data.
You must not:
- misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
- attempt to gain unauthorised access to the Site, the server on which it is stored, or any server, computer or database connected to it; or
- harm the Site via a denial-of-service attack or a distributed denial-of-service attack. If you do any of these acts you may commit a criminal offence. We will report those acts to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. If you do any of these acts, your right to use the Site ceases immediately from the time of the relevant act.
- scrape, extract, download, upload, sell or offer for sale any of the Site or the Materials;
- use, or cause to be used, any computerized or other manual or automated program or mechanism, tool, or process, including any scraper or spider robot, to access, extract, download, scrape, data mine, display, transmit, or publish, any of the Site or the Materials whether for commercial benefit or otherwise;
- bypass robot exclusion headers or other similar measures that we may use to restrict access to, or caching of, the Site or the Materials;
- distribute, reproduce, modify, store, transfer or in any other way use any of the Materials (including as part of any database, information, archive, website or similar service) other than as set out above.
Ending your permission
If we believe that you have not complied with any of these Terms, that you are misusing any services made available through the Site, or that your use of the Site is in any way detrimental to us or a security risk, we may in our sole discretion suspend your access to the Site or any part thereof without notice. In addition, at any time, with or without cause, we may terminate your agreement with us and your ability to use the Site, the Materials or the related services immediately by giving you written notice (including by email) to any of your contact addresses which you have provided to us. We may notify the third parties we work with if we terminate your agreement in this way.
5. Third party products and services
We promote a range of products and services on the Site, including
the Fluid credit card. You are entirely responsible for deciding
whether or not to engage with/apply for any of these products or
services. Whilst the Site will provide general information about
certain products and services we do not provide advice on which
product or service might be suitable for you. If you are unsure
whether a product or service promoted on the Site is suitable for
your needs or specific requirements, please contact the relevant
Fluid credit card
The process of checking your eligibility for the Fluid credit card, and the issuing of the Fluid credit card following a successful application, are provided by NewDay Limited (or such other member of the NewDay group of companies as may issue credit in respect of the Fluid credit card). If you complete a form on the Site to check your eligibility for a Fluid credit card, the data you provide will be shared with NewDay group for the purposes of providing the results of such check, and for any application for the Fluid credit card that you elect to make thereafter. Any data that are transferred to NewDay for these purposes will be used by NewDay in accordance with the NewDay Privacy Notice.
6. External Links
Third Party Links
Links on the Site to third party websites and resources are provided solely for your information and convenience. By providing the links we do not approve, endorse or make any representations about any such third party websites or any material found on them or your use of that material.
If you use these links, you leave the Site. We have not reviewed any of those third party websites and resources and do not control or take any responsibility for their content or availability. In the case of Lender websites that we provide links to from our Site, we do not have any control or influence over those websites, or any applications for credit that you might make on them. You access third party websites and resources entirely at your own risk.
7. Data Protection and Privacy
The law imposes regulations on how we collect, store and process your personal information. As required by law, we are registered as a Data Controller (Z2112995) with the Information Commissioner’s Office in England. More details of this are available on the ICO website.
If we use any cookies on the Site, we will only use such technology as set out in our Cookies Notice.
We make no representations, warranties or guarantees, whether express or implied, that the Site, the Materials or the services and products offered via the Site are accurate, complete or up to date or fit for your purpose. To the fullest extent permitted by law, we and the other companies in the Media Ingenuity Group expressly exclude all guarantees conditions, warranties, representations or other terms which might otherwise be implied by statute, common law or the law of equity to the Site, the Materials and the promoted products and services whether express or implied.
9. Limitation on Liability
Nothing in these Terms excludes or limits our liability for: death or personal injury arising from our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited under applicable law.
Limited Loss Types
Except as set out above, we shall not be liable to you or any third party for any loss or damage, however arising, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- any defamatory, offensive or illegal conduct of any third party through the Site or otherwise;
- the Site, the Materials or the products and services being unable to be used or unavailable for use for any reason;
- any losses, damages or costs that arise from or relate to you failing to comply with the Terms;
- any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material, due to your use of the Site, downloading material from the Site or visiting a website linked to the Site;
any loss or damage whether direct or indirect for:
loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of or damage to data.
Limited Loss Amounts
Subject to the remainder of this section of the Terms, as your access to the Site is free our total aggregate liability for any losses and/or damage suffered by you that arise from or relate to your use of the Site (whether in tort, contract or otherwise) will be limited to one hundred pounds Sterling (£100) unless otherwise agreed in writing by us.
These Terms and your use of the Site and the Materials are governed by and construed in accordance with the law of England and Wales. Any disputes (including non-contractual disputes or claims) will be decided only by the Courts of England and Wales.
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