Terms and conditions

Last Updated: 05 October 2018

Welcome to Maxed Up Media Ltd, trading as “LendingWing.com”. Maxed Up Media Ltd (hereinafter “Company”) is located at Metropolitan House, Station Road, Cheadle Hulme, Cheadle, Cheshire SK8 7AZ, United Kingdom. The whole of these Terms & Conditions of Use is an Agreement between Company and You (hereinafter “You” and/or “Your”) – as the user of this website (hereinafter “Site”) and Company’s services – and governs Your access to and use of this Site. Please be sure to read this Agreement in its entirety before using this Site. By using this Site, You acknowledge You have read, understood, and agreed without limitation or qualification to be legally bound by these Terms & Conditions of Use and Company’s Privacy Policy, which is expressly incorporated herein by reference. If You do not agree to these terms, do not use this Site or Company’s services.

Company’s Services

Company is neither a lender nor a loan provider. Company is an advertising ping tree network providing services to connect consumers and Company’s network of independent, third-party lenders, brokers, and/or other advertising networks (hereinafter “Participating Providers”). Company facilitates connecting consumers interested in loan amounts between $100 and $1,000 with Participating Providers (hereinafter “Company’s services”). Company does not make credit decisions. Company does not endorse or charge consumers for any service or product. Any commission Company may receive is paid for solely by Participating Providers if you choose one of their products or for referring you to them. The offer You receive from a Participating Provider is based on Company’s commission, and is not necessarily the offer with the best rates or terms. If you are connected with a Participating Provider, you may be charged a fee directly by the Participating Provider. Please be sure to read their terms and conditions before proceeding with any loan arrangement. By registering for Company’s services, You authorize Your information to be shared with one or more trusted Participating Providers. Participating Providers may perform credit checks and/or verify your Social Security Number with reporting bureaus or obtain consumer reports through alternative providers. Company does not guarantee You will be connected with a Participating Providers or that a Participating Provider will approve Your request, and not all Participating Providers can provide up to $1,000. Company does not endorse, recommend, or guarantee the price, product, availability, rates, or fees of Participating Providers. If You are connected with a Participating Provider, You understand Company is not a party to any agreement between You and the Participating Provider. The Participating Provider is solely responsible for its services to You. Please direct all questions, comments, or concerns involving Your loan to the Participating Provider.

Authorized Use

You are authorized by Company to use this Site and display its content, but only for Your personal, non-commercial use as provided elsewhere herein and only as permitted by law. All other uses are strictly prohibited. Such prohibited uses include, without limitation, the reproduction, duplication, copy, sale, resale, or other exploitation of any material, use, or access to this Site, for any commercial purpose.

Proprietary Rights

The content, arrangement, organisation, and design of this Site are protected under applicable copyright, trademark, and/or related intellectual property laws. You do not acquire any ownership in or to any such content, arrangement, organisation, or design by or through Your access to this Site or use of Company’s services. Any reproduction, duplication, copy, sale, resale, or other exploitation of the content, arrangement, organisation, and design of this Site is strictly prohibited.

Disclaimer of Warranties

THIS SITE AND COMPANY’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE ACCESSED AND USED AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, COMPANY MAKES NO WARRANTIES (INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), REPRESENTATIONS, OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, VERBAL OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT COMPANY’S SERVICES WILL MEET YOUR REQUIREMENTS; THAT COMPANY’S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR, THAT ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF COMPANY’S SERVICES OR RELATED SOFTWARE WILL BE CORRECTED. COMPANY DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT ANY THIRD PARTY’S SECURITY METHODS AND PRIVACY PROTECTION PROCEDURES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; AND ACCEPTS NO RESULTING LIABILITY WHATSOEVER THEREFOR. COMPANY HAS NOT REVIEWED ANY THIRD-PARTY SITES THAT MAY BE LINKED TO THIS SITE. YOUR ACCESS TO AND USE OF SUCH THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCTS OR SERVICES IS DONE AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT SHALL COMPANY BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE, OR YOUR USE OF COMPANY’S SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF COMPANY FOR ANY CLAIM ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE, OR YOUR USE OF COMPANY’S SERVICES-WHETHER IN CONTRACT, WARRANTY, TORT, OR OTHERWISE-IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR YOUR ACCESS TO OR USE OF THIS SITE, OR YOUR USE OF COMPANY’S SERVICES.

Third-Party Websites

This Site may contain links to third-party websites. The inclusion of links to third-party websites is not an endorsement of or recommendation for such third-party websites or anything contained therein. Such links to third-party websites are provided for reference and convenience only. Because Company does not have control over third-party websites or anything contained therein, You agree Company is not responsible or liable for Your access to or use of such third-party websites. Any access to or use of such third-party websites is done at Your own risk.

Disputes; Choice of Law; Venue

Any dispute arising out of Your access to or use of this Site, or Your use of Company’s services, shall be governed by and construed in accordance with the law of England and Wales. These courts shall have non-exclusive jurisdiction in respect to any dispute arising out of Your access to and/or use of this Site, or Your use of Company’s services. Notwithstanding any applicable statute or law to the contrary, You agree that any claim arising out of Your access to or use of this Site, or Your use of Company’s services, must be brought within one (1) year after the cause of action arises, otherwise such claim or cause of action is forever barred.

Export Control

Any content and/or materials made available from or through the Site are or may be subject to English export controls. The products, services, and/or underlying software of this Site shall not be downloaded or otherwise exported, or re-exported, into, or to a national resident of, any country to which England has embargoed goods.

Indemnification

You agree to indemnify and hold Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all liability, loss, damages, expenses (including reasonable attorneys’ fees), claims, actions, suits, and proceedings arising out of or related to: (a) Your use of this Site or Company’s services; (b) Your breach of these Terms & Conditions of Use; and/or (c) any dispute between You and any third party. The provisions of this paragraph are for the benefit of Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners. Each of these individuals or entities shall have the right to assert and enforce this provision directly against You on its own behalf.

Consent to Electronic Delivery and Signatures

By consenting to the electronic delivery of disclosures, information, and communications, You agree that Participating Providers, Company, and/or third-party marketing partners may provide electronically any and all communications regarding your request, any action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices required under applicable law, which may include any federal Truth-in-Lending disclosures, state disclosures, other terms, conditions and documents, and the privacy policies of Participating Providers, Company, and/or third-party marketing partners. You agree to receive information and disclosures regarding your request, and to do business electronically with Participating Providers, Company, and/or third-party marketers. This means that Participating Providers, Company and/or third-party marketing partners may communicate with You by sending a message to the email address You provided or at another address that may be associated with You that we receive from Participating Providers and/or third-party marketing partners. You agree to print out, download or otherwise store the information and other communications to keep for Your records. You may also receive a paper copy of any document provided to You by Company electronically at no cost by writing to Company at contact@maxedupmedia.com. You may not withdraw this consent at any time for Company’s services as it is a one-time transaction. However, if You are connected with one or more Participating Providers, You are free to withdraw Your consent with them at any time and at no charge. If You withdraw this consent before receiving credit, You may be prevented from obtaining credit from the Participating Provider. Contact the Participating Provider directly if You wish to withdraw this consent. If You decide to withdraw Your Consent, the legal effectiveness, validity and/or enforceability of prior electronic documents will not be affected. Any withdrawal of Your consent will be effective after a reasonable period of time for processing Your request. You agree that You meet the following technical requirements and are able to access and retain copies of notices and information sent or made available electronically: Internet access with 128-bit encryption; Adobe Acrobat Reader 6 or higher; the ability to print from an Internet browser program (such as Internet Explorer 9 or higher; Firefox version 3,0 or above; or Chrome version 3.0 or above); and the ability to send and receive email that contains hyperlinks to websites. You may change Your contact information by writing to the Participating Partners at their address or by logging into their website. BY CLICKING THE SUBMIT BUTTON, YOU ASSENT TO THESE TERMS. YOU ACKNOWLEDGE YOU HAVE READ THIS INFORMATION ABOUT THE USE OF ELECTRONIC RECORDS TO PROVIDE DISCLOSURES AND OTHER COMMUNICATIONS, AND THE USE OF ELECTRONIC SIGNATURES IN CONNECTION WITH YOUR REQUEST. YOU CONSENT TO USING ELECTRONIC SIGNATURES, HAVING ALL DISCLOSURES PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH THE PARTICIPATING PROVIDER ELECTRONICALLY IN PLACE OF WRITTEN DOCUMENTS AND HANDWRITTEN SIGNATURES, WHERE APPLICABLE. YOU ARE ABLE TO VIEW THIS CONSENT, DOWNLOAD AND REVIEW FILES ON A COMPUTER OR MOBILE DEVICE, AND SEND AND RECEIVE EMAIL WITH HYPERLINKS TO WEBSITES. YOU ACKNOWLEDGE THAT YOU MAY REQUEST A PAPER COPY OF THE ELECTRONIC RECORDS AND DISCLOSURES, WHICH WILL BE PROVIDED TO YOU AT NO CHARGE. IF YOU REFRAIN FROM PROCEEDING THEN YOU NEITHER WISH TO USE ELECTRONIC SIGNATURES NOR CONDUCT THIS TRANSACTION ELECTRONICALLY. YOU ALSO ACKNOWLEDGE THAT YOUR CONSENT TO ELECTRONIC DISCLOSURES IS REQUIRED TO RECEIVE SERVICES FROM THIRD-PARTY PARTICIPATING PROVIDERS OVER THE INTERNET.

Entire Agreement

These Terms & Conditions of Use set forth the entire understanding and agreement between You and Company with respect to the subject matter hereof, and supersedes any and all prior or contemporaneous agreements. Company’s failure to enforce any provision of these Terms & Conditions of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Modification

Company reserves the right to modify these Terms & Conditions of Use or any additional terms that apply to this Site or Company’s services. Company will post notice of any such modifications in a clear and conspicuous manner to these Terms & Conditions of Use and anywhere else Company may deem appropriate. Any such modifications shall take effect immediately. If You do not agree to any such modifications, do not use this Site or Company’s services.

Non-Waiver; Severability

The failure of Company to enforce any provision in these Terms & Conditions of Use, or to exercise any right outlined herein, shall in no way be deemed as a waiver of this right or the ability to enforce any of the terms and conditions contained herein. If any provision contained in these Terms & Conditions of Use is determined to be invalid, illegal, or unenforceable in any respect under any applicable law, then such provision shall be severed and the remaining provisions of these Terms & Conditions of Use shall remain in full force and effect.

Complaints

We want to ensure our service to You is excellent; however, if You wish to make a formal complaint, please send Your complaint via email or by writing to the following address: Email us at contact@maxedupmedia.com or write to: The Compliance Manager, Maxed Up Media Ltd | Metropolitan House, Station Road, Cheadle Hulme, Cheadle, Cheshire SK8 7AZ, United Kingdom.