Affordability System Terms & Conditions

 

These Terms and Conditions govern the use of the Affordability System and are set out below. Please read them carefully as by using the Affordability System you indicate your acceptance of them.

 

Definitions

 

 

Business Day	a day other than Saturday or Sunday or a bank holiday or public holiday in England and Wales;
Compatibility Requirements	any device using the following browsers:-   Chrome v40+ Safari v11.1+ Firefox v44+ Edge v17+ Internet Explorer v 11+;
Firm	the company, limited liability partnership, partnership, or in the case of a sole trader, the individual person, which enters into these Terms and Conditions with The Darlington;
L&G	Legal and General Partnership Services Limited (company number 05045000), whose registered office is at One Coleman Street, London, EC2R 5AA;
Normal Business Hours	9.00am to 5.30pm local UK time, each Business Day;
Affordability System	the system used by Users, and made available to the Firm by The Darlington and hosted and maintained by L&G, which can be accessed at this url;
Software	the online software applications provided by The Darlington and hosted and maintained by L&G, as part of the Affordability System;
Term	will commence on the date that these Terms and Conditions are accepted by the Firm and shall continue until terminated by either Party;
The Darlington	Darlington Building Society (firm reference number 205895), whose registered office is at Sentinel House, Morton Road, Darlington, DL1 4PT;
Users	those employees of the Firm who are authorised by the Firm to have access to the Affordability System.

 

 

Use of the Affordability System;

 

 

• The Firm shall not (and shall procure that none of the Users shall):
  • attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software or the Affordability System in any form or media or by any means; or
  • attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of any part of the Software or the Affordability system; or
  • access all or any part of the Affordability System in order to build or support and or assist a third party in building a product or service which competes with the Affordability System; or
  • use the Affordability System to provide services to third parties or for the benefit of any third party; or
  • license, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise make the Affordability System available to any third party except the Users; or
  • attempt to obtain or assist third parties in obtaining access to the Affordability System;
  • bypass or breach any security device or protection used for or contained in the Affordability System;
  • use or encourage, promote, facilitate or instruct others to use the Affordability System for any illegal, harmful, fraudulent, infringing or offensive use, or upload any content or data which may be considered illegal, harmful, fraudulent, infringing or offensive;
  • use any device, software or routine to interfere or attempt to interfere with the proper working of the Affordability System or with any other Users’ use of the Affordability System; or
  • use the Affordability System for any purpose that is unlawful or prohibited by these Terms.
• The Firm shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Affordability System and, in the event of any such unauthorised access or use, promptly notify The Darlington.
• The Firm represent and warrant to The Darlington that it will and will procure that all Users will use the Affordability System in a manner compliant with these Terms and all applicable laws and regulations.

Provision of the Affordability System by The Darlington;

 

 

Indemnity;

 

Liability;

• The Firm acknowledges and agrees that:-
  • all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms and Conditions;

 

 

 

 

Firm’s Obligations;

• The Firm shall ensure that the Users use the Affordability System in accordance with these Terms and Conditions and shall be responsible for any User’s breach of these Terms and Conditions.
• The Firm acknowledges that the Affordability System provides information purely for the purpose of criteria and lender suitability research and helping Users make informed decisions when placing business. It is the responsibility of the Users to ensure information provided to their customers is correct.

• The Firm acknowledges that any output of the Affordability System shall not constitute a commitment by The Darlington to lend. For the avoidance of doubt, The Darlington shall decide at its absolute discretion whether to lend and the terms on which it is prepared to lend.

 

• The Firm shall ensure, at its own cost, that its network and systems comply with the relevant specifications (including, without limitation the Compatibility Requirements).  The Darlington will not be responsible to the Firm for any inability of the Firm to use the Affordability System where the Firm does not meet the Compatibility Requirements.
• The Firm shall be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to The Darlingtons’ data centres, and for all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Firm’s network connections or telecommunications links or caused by the internet.
• Without affecting its other obligations under these Terms and Conditions, the Firm shall comply with all applicable laws and regulations with respect to its activities under these Terms and Conditions.

Charges;

 

Proprietary Rights;

• The Firm acknowledges and agrees that L&G and/or its licensors own all intellectual property rights in the Affordability System, save for any underlying intellectual property rights in the information provided by The Darlington for use in the Affordability System. These Terms and Conditions do not grant the Firm any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Affordability System.
• The Firm acknowledges that the search criteria used in searches made by the Firm or its Users on the Affordability System (which shall not, for the avoidance of doubt, include any Personal Data within the meaning of the Data Protection Legislation) shall be recorded by L&G, and L&G shall be free to use such data for such purposes as it deems appropriate. 

Term and Termination;

• These Terms and Conditions shall come into force on the date of acceptance by the Firm and shall continue in force for the Term unless terminated earlier by The Darlington.
• These Terms and Conditions shall come into force on the use of the Affordability System by the Firm and shall continue in force for the Term unless terminated earlier by The Darlington.
• The Darlington may terminate these Terms and Conditions forthwith at any time, in its absolute discretion.
• On termination of these Terms and Conditions for any reason, all licences granted shall immediately terminate and the Firm shall immediately cease all use of the Affordability System. This shall include the Users deleting the link to the Affordability System.

Governing Law;

Jurisdiction;