Retail legal

Terms and Conditions for SALT Website

Introduction

This website is for the use of professional mortgage intermediaries only (directly regulated or appointed representatives) who are registered with the Financial Services Authority with mortgage permissions. Its content is not intended as a consumer advertisement. Copies must not be given to anyone else and if you are not a professional mortgage intermediary you must not rely on the information provided.

These Terms and Conditions govern the use of this website and the facilities provided by SALT accessible through it; by 'clicking' the button at the end of the registration page, you will be deemed to accept these Terms and Conditions on behalf of yourself and your Firm.

1. Definitions

The following definitions apply in these Terms and conditions and appear in bold italics throughout for ease of reference:

1.1Applicant means a person or persons You introduce to Us and Application means their application to SALT for a mortgage and/or request for a Decision in Principle.

1.2 Derbyshire Group means, SALT, Derbyshire Building Society or any of their subsidiaries or associated companies.

1.3Firm means an individual, limited company or partnership which is authorised and regulated by the Financial Services Authority (FSA) and has the following permissions :

• arranging (bringing about) regulated mortgage contracts, and
• making arrangements with a view to regulated mortgage contracts

or is an appointed representative of a firm authorised and regulated by the FSA with those permissions which employs Youor of which Youare the sole proprietor, partner or director.

1.4 Product means any product or service detailed on this website.

1.5Related Company means a company that provides products and services, which can be purchased through the Derbyshire Group.

1.6SALT, We, Us and Our means Derbyshire Home Loans Limited.

1.7You and Your means You, the user of this website.

2. Conditions of use

2.1 Youare a Firm, an employee of a Firm, a partner in a Firm or a director of a Firm.

2.2 You and the Firm are resident in the United Kingdom.

2.3 You and the Firm accept that:

2.3.1 We may amend or withdraw a Product without notice;

2.3.2 We invite Applicants to apply for any Product but We are not obliged to accept any Application for a Product and may refuse any Application without giving a reason;

2.3.3We may contact the Applicant direct;

2.3.4 You and the Firm are not authorised to provide advice or to recommend any of SALT's general insurance products without Our prior written authority. If the Applicant wishes to discuss any of Our general insurance products this must be completed on a "direct basis" between SALT and the Applicant;

2.3.5 mortgages are only available on properties in England, Wales and Northern Ireland, are subject to status and not available to persons under 18;

2.3.6 it is a criminal offence to provide incorrect information in order to obtain a mortgage;

2.3.7 We may amend these terms and conditions from time to time without advance notice;

2.3.8 We will pay a percentage fee based on the scale shown in OurProduct literature from time to time. We reserve the right to amend or vary these scales from time to time without advance notice;

2.3.9 Fees are not payable on further advances, building finance mortgages, loans on properties with commercial use, rearrangements, or mortgages on Our possession sale properties, and

2.3.10 You have authority to enter into this contract on behalf of You and the Firm.

2.4 You will explain to each Applicant:

2.4.1 that You and the Firm represent the Applicant and are not Our agents for mortgage business;

2.4.2 Our right to transfer the benefit of the mortgage to a third party at any time without their previous consent;

2.4.3 (Where income is to be self-certified) the importance of providing accurate information and the implications of overstating income;

2.4.4 (For interest only mortgages) that the amount they owe Us will not reduce over the repayment period of the mortgage and that it will be their responsibility to repay the loan from their own resources at the end of that period, and

2.4.5 (For loans into retirement) the need to have arrangements in place to enable them to meet their repayment obligations into retirement and You will emphasise to them that they must be satisfied that they can meet those obligations.

2.5 Youand the Firm will disclose to us all information you know about an Applicant, which You and the Firm can reasonably be expected to realise will be material to Our decision to lend to an Applicant whether We ask for it, or not. You and the Firm will inform Us as soon as reasonably practicable of any changes to the information that You or the Firm have provided to Us about You, the Firm or an Applicant.

2.6 Where appropriate You and/or the Firm will produce an Initial Disclosure Document and Key Facts Illustration in accordance with FSA Regulations for the Product applied for and will issue them to the Applicantbefore sending an Application to Us.

2.7 You and the Firm will not, without an Applicant's prior consent, provide Uswith any information about an Applicant, submit an Application, or ask Us to undertake a credit search.

2.8 You and the Firm will comply with all laws, statutes, regulations and requirements of any government or quasi governmental authority relating to You and the Firm's business in so far as they apply to You and the Firm.

2.9 You and the Firm will tell Us if You insist that an Applicant purchases any other products or services through You and/or the Firm.

2.10 You and the Firm will only request that a Key Facts Illustration or other financial or sensitive information be transmitted by unsecure e-mail if the Applicant has agreed to this .

3. Key Facts Illustrations (KFIs)

3.1 Any KFI produced is valid on the day of production only. As You are issuing the KFI to the Applicant, You are responsible for the FSA record keeping requirements and must retain a copy of all KFIs issued to Your clients for a minimum of 12 months. SALT will not retain copies of any KFI produced from this website and Youshould explain this to each Applicant.

3.2 You are responsible for the accuracy of all input including the GROSS procuration/packager fee which may be payable by Us. Youmust enter the total fee in the relevant section of the on-line KFI system and include all parties who will receive part of the fee, including You, any mortgage club or network and the selected packager. If You are unsure as to the amount of the GROSS fee please consult Your selected mortgage packager.

4. Data Protection

4.1 The Firm and SALT are joint data controllers for the purposes of processing an Application and the Firm is registered under the Data Protection Act 1998. You and the Firm will process all personal data in accordance with the Data Protection Act 1998 and the Data Protection Principles.

4.2 The Derbyshire Group may, as part of their service, inform You and the Firm about products and services (including those of a Related Company or selected other companies and organisations) which it is considered may be of interest to You or the Firm:

4.2.1 by email or other electronic messages if You have ticked a box on the registration page indicating a desire to receive this information in this way, and

4.2.2 by any other form of communication (including mail and telephone) unless You or the Firm write to SALT, The Launchpad, Outram's Wharf, Little Eaton, Derby DE21 5EL.

4.3 SALT may monitor and record calls or emails to prevent or detect crime, for service quality or security purposes.

4.4 Under the Data Protection Act 1998 You have and the Firm may have the right, upon request, to have the details of information that SALT holds about You in its records. Your request should be in writing and addressed to the Head of Customer Services, SALT, The Launchpad, Outram's Wharf, Little Eaton, Derby DE21 5EL together with a cheque for £10 to cover the administration work involved.

5. Money laundering

5.1 You and/or the Firm must have seen the originals of copy documents provided as evidence of identity and address and checked that any requiring a signature were pre-signed. The copies must be true copies of the original documents and where there is a photograph the copy must provide a good likeness of the Applicant.

6. Websites linked from this site

6.1 SALT has taken care when linking to other websites and chosen those, which We think, may be of interest to You and/or the Firm. However, We have not taken any steps to check or ensure the accuracy of the information contained in them. We are not responsible for the material contained in these websites or any loss or damage You may incur through the use of these links.

7. Cookie policy

7.1 How we use cookies and the information we collect

7.1.1 In common with other websites We use "cookies". These are stored on Your computer and allow Us to record information about how You use Our website. We cannot identify You individually from the information obtained from these cookies unless You provide Us with personal information about You. When You provide that personal information We will remind You that We use cookies and ask You to agree that We can use them in this way.

7.1.2 The information We obtain from cookies will be used for business analysis and to assess Our users' preferences, improve Our website and report on how Our website and any links to and from it are used. Where You provide Us with personal information through Our website We will also use Your personal information to:

7.1.2.1 update or enhance Our customer records, and for account administration;

7.1.2.2 help Us develop goods or services that may be of interest to You in the future;

7.1.2.3 create and maintain a customer profile on You to help with product and service development and, unless You have opted out, to identify and introduce You to products, including those of other organisations, which may be of interest to You, and

7.1.2.4 carry out market research, detailed statistical and business analysis.

7.1.3 We may also use cookies so that We can remember personal information that You have previously provided to Us through Our website e.g. Your name or address so that Youdon't have to give Us this information again. Find out more about cookies.

7.2 Use of Web Beacons

7.2.1 SALT'sWeb pages contain electronic images known as Web beacons (sometimes known as clear gifs) that allow Us to count users who have visited these pages. Web beacons collect only limited information, including a cookie number, time and date of a page view, and a description of the page on which the Web beacon resides. These beacons do not carry any personally identifiable information and are only used to track the effectiveness of a particular campaign. Find out more about Web Beacons.

7.3 Disabling/Enabling Cookies

7.3.1 You have the ability to accept or decline cookies by modifying the settings in Your browser. However, Youmay not be able to use all the interactive features of Our site if cookies are disabled.

8. Security of your user ID and password

8.1 You must keep any user ID, passwords and security information We provide to You confidential and must not disclose them to any other person. We will not be liable to You, the Firm or to any Applicant for any loss incurred as a result of Youdisclosing them to a third party whether deliberately or in error or otherwise. If Youforget Yourpassword, or if Youbelieve that someone else knows Yourpassword, Youmust contact Usimmediately through the Helpline publicised on this website.

9. Liability and website availability

9.1 Whilst We will try and ensure that this website is constantly available for Your use, We cannot guarantee this and We will not be liable if the website is unavailable for any period.

9.2 We reserve the right to suspend access to Our website temporarily or permanently, and without notice.

9.3 All content on this website is provided for Your and the Firm's information and We endeavour to ensure that the content is current and accurate. However, We do not accept any liability to You, the Firm or each Applicant where it is not, whether in contract, tort, negligence, or otherwise, and whether direct or consequential unless You or the Firm have first checked directly with Us that it is current and accurate, before placing any reliance on it.

9.4 We aim to ensure that Our website is free of all viruses and technical defects of any description. Due to the nature of the Internet however, and the possibility of third party interference, We cannot guarantee this, and We will not be liable for any damage or loss caused as a result of Youror the Firm's use of Our website.

 

10. Intellectual Property Rights

10.1 Any intellectual property rights (including without limitation all patents, copyright, database rights and trademarks (whether registered or unregistered) subsisting in any content or material on the site belong to SALT and/or its licensors. All rights are reserved for the benefit of SALT and/or its licensors. Nothing in these terms and conditions grants You or the Firm any rights in this website or the content within the website.

10.2 You may use the content of the website, download information and generate documents from it solely for the purposes of introducing, or considering introducing, an Applicant to Us.

11. Miscellaneous

11.1 Either We or the Firm may terminate Your access to this on-line mortgage system at any time without giving notice.

11.2 These terms and conditions are governed and constructed in accordance with the Laws of England and Wales and Youconsent to the exclusive jurisdiction of the courts of England.