Terms & Conditions
In these conditions, the following words have the following meanings, unless the context requires otherwise:
- "Community Lender" means a community development finance institution and any credit union who makes its products available via the Portal;
- "Data” all information provided by you when visiting the Portal, whether personal data or otherwise;
- "Default" means any breach of contract, tortious act and/or omission and/or any breach of statutory duty;"
- "File" means any image, picture, text file, logo, document or similar graphical representation which you are permitted to view, use, copy or download;
- "Intellectual Property Rights" means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world, together with the right to apply for protection of the same;
- “Launch” means the launch of the Portal and the first occasion on which you may access it;
- "Portal" shall have the meaning given in clause 2.1 and any other URLs which forward to such URL or which we may use to provide the Service from time to time;
- “Purpose” shall have the meaning given in clause 2.1;
- "Service" means the service provided by us via the Portal to you including, but not limited to, allowing you to browse the Portal, and enter your Data in order to communicate with Community Lenders;
- “Soft Credit Check” means a soft credit search, also known as a “quotation search”, which takes a snapshot of an individual’s credit report without leaving any footprints visible to lenders;
- "Submission" means the personal data posted by you, on any submission form which is transmitted to Community Lenders, containing information about yourself;
- "We/Us" means Leeds City Credit Union Limited, Westminster Buildings, 31 New York Street, Leeds, LS2 7DT and “us”/“our” shall be construed accordingly;
- "You" means you as a visitor to the Portal.
ABOUT US/THE PORTAL
- The website hosted at www.affordableloans.credit ("the Portal") is operated by us in order to grant to consumers access to affordable finance from Community Lenders.
- The purpose of the Portal is to provide you with a secure platform to:
- network and connect with Community Lenders;
- learn about affordable loans and lending;
- learn about Community Lenders’ activities and events;
- source information and intelligence; and
- access services and benefits from Community Lenders ("the Purpose”).
- This Agreement shall begin on the date you commence usage of the Portal. This Agreement shall continue until terminated in accordance with these terms.
CONDITIONS OF CONTRACT
- By using the Portal, you represent and warrant that you have the right, authority and capacity to enter into and to abide by the terms and conditions of this Agreement.
- The terms and conditions of this Agreement shall supersede any prior terms and conditions previously notified to you.
- Any use of the Portal for a purpose other than the Purpose is strictly prohibited and a breach of this Agreement.
- You accept that the Purpose will allow you to obtain an affordable loan for your own purposes and that management of the Portal by us does not represent financial, management or consultancy advice.
- Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Service.
- You acknowledge that you do not rely on any representation and/or warranty that has not been made in accordance with this Agreement.
- We do not verify the information provided by you as part of your Submission, but reserve the right to monitor and at our option to remove for any reason any information and/or other Data posted by you.
- We shall have the right to terminate your right to use the Portal in accordance with the terms of this Agreement.
- You agree not to, and shall not:
- disclose your chosen password to any unauthorised person. You agree to notify us of any unauthorised use of your password, account or other breach of security;
- leave your browser logged on to the Portal without your attendance so that unauthorised persons might be able to access and/or amend your Submission without your knowledge;
- exit from the Portal without properly closing any of its web pages you have opened;
- attempt to gain unauthorised access to any information available on the Service or to any of the networks used in providing the Service;
- post and/or reproduce in any way any information and/or material which infringes the Intellectual Property Rights of another party;
- copy, store, modify, transmit, distribute, broadcast or publish any part of the contents of the Portal, save in accordance with this Agreement;
- use the Service to initiate the sending of unsolicited advertising or promotional material, including without limitation, junk mail for commercial or non-commercial reasons;
- subject to clause 5.2, create derivative works of the Portal from another website under your management or control;
- copy, modify, reverse engineer/assemble or otherwise attempt to discover or tamper with any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer, any rights related to the coding of the Portal or modify the coding in any manner or form;
- use modified versions of the coding for the Portal, including (without limitation) for the purpose of obtaining unauthorised access to this Portal;
- access the Portal by any means other than through the interface that is provided by the Portal for online access, as displayed to the general public;
- use the Portal for your own commercial purposes or commercial gain or in a way which infringes the rights of others;
- use a name so as to infringe our rights, or those of any other person (whether in statute or common law), in a corresponding trade mark or name.
- You may link to the Portal provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of us. In the absence of our express written consent, you may not establish a link in such a way as to suggest any form of association, approval or endorsement by us where none exists. You must not establish a link from any website that is not owned by you. You must not establish a link from any website containing offensive or otherwise inappropriate information. The Portal may not be framed on any other site, nor may you create a link to any part of the Portal other than the home page. We reserve the right to remove linking permission without notice. You agree to remove any links upon our request or on termination of this Agreement.
- You warrant that the information posted in your Submission is truthful, complete, accurate and not misleading.
- In operating the Portal, we are a credit broker which means that we will find potential lenders and providers of financial services for you. We will not offer finance directly to you save pursuant to a separate and specific application made by you. Nor will we charge you for finding a potential lender or receive a fee or commission from them.
- Representative examples are not given as a figure of what you might actually be offered by a Community Lender therefore cannot be given as a guarantee, nor can they be used as any kind of warranty. As we do not provide the loan or financial service directly, we are unable to control the representative rate examples contained on the Portal. Please also be aware that the decision to offer any loan is made by the Community Lender and we have no control over the decision making.
- Prior to your Data being passed to any Community Lender, we may carry out a Soft Credit Check in accordance with clause 9.5. The Community Lender which you have chosen will then conduct an assessment on you before any decision or offer is made; this will include a full assessment of your credit history, past and present.
CUSTOMER CHECKS AND CREDIT REFERENCING
- Upon application to a Community Lender, the Community Lender may use both fraud prevention and credit referencing agencies to help it make a decision about lending to you.
- Information provided by you must always be true and accurate, as misleading information will be regarded as a breach of the Community Lender and/or third party agency’s terms. Furthermore, misleading information may also result in the instigation of criminal procedures against you.
- If you have authorised any third parties to access the Service on your behalf, instructions issued by authorised third parties will be contractually binding on you.
- Should you choose to make a joint application for a loan via the Portal, each applicant will be dealt with as a customer acting with the consent of the other and if correspondence is entered into with one party of the joint application, it shall be assumed that the communication is with both parties.
- In order to find the most suitable product for you, we may use the information held at credit reference agencies (CRAs). How we and the CRAs will use your information is detailed in the section below headed “Use of Personal Information”. By confirming your agreement to proceed by sending your Submission to us, you are confirming that we may each use your information in this way.
- Use of Personal Information:
- We will search at Experian Ltd who will provide us with publicly held data, including the electoral roll and shared credit performance data. If you have a financial associate, their data may also be provided.
- We will use the information provided to us by Experian Ltd to help decide which products may be best for you. It is important to note that there may be other products available which are not represented by this service.
- When Experian Ltd receives a search from us, they will place a quotation search footprint on your credit report, whether or not you decide to apply for the product. This search will not affect your ability to gain credit.
- The information which we provide to Experian Ltd may be supplied by them to other organisations and used by those organisations for the purposes of checking identity, preventing fraud, tracing and collection of debt and statistical analysis.
- If you choose to apply for a product, we will undertake a credit check and provide you with the terms and conditions for the product
INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
- All Intellectual Property Rights in the Service and Portal are owned by Affordable Lending Limited absolutely, whose registered office is at Unit 5 Angel Gate, 320-326 City Road, London, EC1V 2PT and licensed to us. All intellectual Property Rights in your Data are owned by you absolutely. You hereby grant to us a non-exclusive, perpetual licence for the purposes of displaying, copying, reproducing, analysing and using your Data as we deem fit and the right to grant sub-licences of the such licence to any successor in title of ours.
- You will keep confidential and not use, except for purposes contemplated by this Agreement, any information relating to the Service which may be disclosed to you or which you may learn, except where such information is public knowledge or is required to be disclosed by law.
- Subject to clause 9.6, we will use our reasonable endeavours to keep all information you provide to the Portal, including your personal details such as your surname, e-mail address confidential and will not disclose such information, except where it is public knowledge, is required to be disclosed by law or as a result of a genuine complaint where disclosure is necessary.
- We may use information you supply for the purposes of managing your participation in the Portal and in addition, for monitoring and audit purposes, and to refer you to related services of value to you, provided by us.
- We may use the information that you have provided to carry out a Soft Credit Check to provide you with an estimated likelihood of success if you were to make an application to the relevant Community Lender(s) in your area. Participation in the Service means that you consent to your information being passed to third parties for this purpose. Any third parties employed by us for this purpose will only be able to use for data for the purpose of providing us with the information required to make an assessment, and any estimation of success shall not be in any way binding on us or the Community Lender involved.
- Depending on the consent you give us, we may pass on the information you provide via the Portal to Community Lenders who may contact you in respect of related services which we believe may be of benefit to you. We may also pass your details to Community Lenders sponsors in the interests of cost-effective delivery of the service by ourselves or our successors. If you have previously consented to the above but have since changed your mind and do not wish your details to be passed on or for them to contact you, please advise us at firstname.lastname@example.org.
- Feedback and comments provided by you shall be kept confidential by us, unless required by law or regulation to disclose the same and may be shared on a confidential and anonymous basis with the specific Community Lenders to which they relate for the purposes of moderation.
ACCURACY OF INFORMATION
- Any information contained on the Portal, and any other websites relating to it and produced by us, relating to service provision and Community Lenders’ details, is provided by the Community Lenders. Whilst we shall endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of such information, products or services.
- The pages of the Portal are subject to change without notice. Any reliance you place on any such information is therefore strictly at your own risk.
- We do not warrant that any of the information and/or Data provided as part of the Service is accurate. It is a condition of our allowing you to access the Portal and Service that you accept that we will not be liable for any action you take in reliance on the Data contained therein.
- We do not provide any warranty in respect of the Service, results, availability, and/or uninterrupted use of the Service due to technical issues beyond our control. In particular, errors or conflicts in software or data may not be correctable.
- You are responsible for obtaining access to the Service via the internet. We cannot assume any responsibility for your failure to access the Portal or Service from any location or browser. Any access fees incurred in reaching the Portal and any equipment necessary to access the Service shall be your responsibility. You are also responsible for any fees or expenses incurred in uploading or downloading Files to or from the Portal.
USE OF FILES
- Use of the Files and any accompanying materials downloaded from the Portal is on condition that you will not add, subtract or in any way alter or edit any File (including, for this purpose, any machine-readable code which may be a part of any File), nor will you make any use whatsoever of any File or any other element of our or any third party’s Intellectual Property Rights (including but not limited to our name, whether used in a URL, metatag, hyperlink or otherwise) other than for the purposes of, and as contemplated by, this Agreement or as may otherwise be specified by us in writing.
- Notwithstanding any other clause of this Agreement, we may terminate this Agreement at any time, for any reason in our absolute discretion. Termination shall be effective immediately upon our sending an email or letter giving notice of termination to the most recent email address or postal address you have provided to us.
- Termination of this Agreement shall not affect the accrued rights and liabilities of either party.
- Following termination, you agree that we may immediately bar any further access to the Service. You agree that we shall not be liable to you or any third party for any termination of your access to the Service and shall not be liable to remove Data, if requested or demanded by any individual or entity, unless required by law.
- We may terminate this Agreement or transfer it to a replacement provider in the event that the Portal is no longer provided by us.
LIMITATION OF LIABILITY
- We and our appointed third parties do not accept any responsibility for liability arising from your choice of Community Lender identified via the Portal, nor from any aspect of any work that a Community Lender agrees to undertake or any offer it makes to you. Any service provided by a Community Lender will be provided subject to the relevant Community Lender's normal terms of business. We shall not, under any circumstances, be liable to you, the Community Lender or any third party for any loss, damage, cost or other liability which occurs as a result of, or in connection with the Community Lender's provision of services to you.
- Comments and other materials posted on the Portal by us do not constitute advice and are not intended for use without professional advice.
- Community Lenders are aware that registration of their information on the Portal will in no way guarantee work and we reserve the right to remove any content on reasonable grounds. Such grounds shall include (but not be limited to) improper or unauthorised use of our branding; misleading registration; and failure to comply with applicable legal or regulatory obligations. In no event shall we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with the removal of Community Lender information from the Portal.
- We cannot be responsible for any Files downloaded or otherwise obtained through use of the Service, which is done at your own discretion and risk. You will solely be responsible for any damage to your computer system stemming from any losses which might result from the downloading of such material.
- You shall produce to us written evidence of any claim for which it is alleged that we are liable, together with written details of how any loss was caused by us and the steps you have taken to mitigate your loss before we shall have any liability for any claim by you.
- It is possible for others to obtain and misuse information about you as a result of your use of the Service. We shall have no liability to you arising out of such misuse, which is beyond our reasonable control.
- Through the Portal you are able to link to other websites which are not under the control of us. We are not responsible for and have no control over the nature, content and availability of those sites or for any products (including software) or services provided by third parties advertised, sold or otherwise made available on them. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. In no event shall we be liable for any losses arising from use of services provided by third parties to which links are provided from the Portal.
- Neither party shall have any liability to the other for any:
- consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs and/or Service interruptions);
- economic and/or other similar losses; and/or
- special damages and indirect losses.
- Each party shall be under a duty to mitigate any loss, damage, costs or expenses that it may suffer.
- You must inform us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Service or any information on the Portal and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.
- If you fail to stop the act or acts complained of, we may suspend the Service available to you. If we do so, we will not restore it until we receive an appropriate assurance from you that there will be no further contravention of the terms of this Agreement.
- Our aggregate liability to you under and/or arising under this Agreement in respect of any and all claims shall not exceed £10,000.
- Nothing in this Agreement shall exclude or limit liability for death or personal injury due to either party’s negligence or fraudulent misrepresentation.
- We shall have no liability to you for any delay in performance of the Service and/or any other matters to the extent that such events and/ or matters are due to any event outside our reasonable control, including but not limited to an act of God, war, flood, fire, labour dispute, strike, lock-out, riot, civil commotion, malicious damage, explosion, governmental action or any other similar events.
- You agree to indemnify and keep us indemnified against any and all losses, proceedings, lost profits, damages, awards, expenses and costs (including increased administration costs and reasonable legal costs), claims, actions and any other losses and/or liabilities suffered by us and arising from and/or relating to your use of the Service, as a result of any Default by you, including any Data you upload to the Portal and activity which you engage in as a result of your use of the Portal.
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement (i.e. no third party shall have any right to enforce this Agreement), save that any assignee or licensee of the rights and obligations set out in this Agreement may do so. We may assign this Agreement to any third party without your consent.
- No waiver by us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
- This Agreement constitutes the entire agreement between you and us in respect of your use of the Portal. If any provision of this Agreement shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
- This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.