SafetyNet Credit

Website Terms and Conditions of Use

1 TERMS OF WEBSITE USE

1.1 This page (together with the documents referred to on it) tells you the Terms and Conditions of Use ("Terms of Use") on which you may make use of our website: www.safetynetcredit.com ("our Site"), which is owned, operated, licensed, and controlled by Indigo Michael Ltd, whose registered office is at 2 Minton Place, Victoria Road, Bicester, Oxfordshire, OX26 6QB, t/a SafetyNet Credit (also referred in these Terms of Use by the words “SafetyNet Credit”, “we”, “us” and “our”).

1.2 Please read these Terms of Use carefully before you start to use our Site.

1.3 By using our Site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Site.

1.4 If you take out one of our lending products, including the SafetyNet revolving credit facility, you will also subject to additional terms and conditions.

2 INFORMATION ABOUT US

2.1 Our Site is operated by Indigo Michael Ltd. We are registered in England and Wales under company number 7721420 and have our registered office at 2 Minton Place, Victoria Road, Bicester, Oxfordshire, England, OX26 6QB.

2.2 Indigo Michael Ltd is regulated and authorised by the Financial Conduct Authority under Firm Reference Number FRN 715525.

2.3 We are registered with the Information Commissioner's Office in compliance with the Data Protection Act 1998. Our registration number is Z2878281.

3 ACCESSING OUR SITE

3.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.

3.2 From time to time, we may restrict access to some parts of our Site, or the entirety of our Site, to users who have registered with us.

3.3 If you use our services, you will be provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

3.4 You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.

4 YOUR SAFETYNET CREDIT PROFILE

4.1 You can access your SafetyNet Credit profile by logging into a secure part of our website at https://www.safetynetcredit.com/manageaccount/login or by calling us on 0800 180 8400. When you first create your SafetyNet Credit, you are required to select a username and password. You will be required to use your user name and password and/or confirm your identity each time you access your SafetyNet Credit, online or by telephone. You may also be able to access SafetyNet Credit from your mobile phone internet browser.

4.2 You must keep your SafetyNet Credit username, password and security question details strictly confidential. You must not write your SafetyNet Credit details down without disguising them. You must not let anyone else use your password to access your SafetyNet Credit profile.

4.3 You have designated and provided the details of your internet banking account (Your Bank Account) within SafetyNet Credit because you wish to track and monitor that account using our services, and/or you have applied for a SafetyNet revolving credit facility.

4.4 You appoint SafetyNet Credit as your agent and nominated representative and instruct us to access and use on your behalf (in accordance with clause 4.5) the information from your third party internet banking account websites.

4.5 To provide the SafetyNet Credit profile service to you, as your agent and nominated representative, you instruct us (and our supplier Yodlee. Inc, (Yodlee)) or AccountScore Limited (AccountScore) to access, retrieve and use your account information for the purposes specified. The purposes are limited to:

4.5.1 Modifying and displaying your information within your SafetyNet Credit profile board on our Site;

4.5.2 Periodically viewing and monitoring your bank account balance;

4.5.3 Copying transaction data (Transaction Data);

4.5.4 Storing the copied information upon our servers;

4.5.5 Making lending and collecting decisions;

4.5.6 In accordance with your marketing consent preferences and our Privacy Policy, to notify you of products and/or services, offered by ourselves or trusted third parties that we believe you may be interested in.

For the avoidance of doubt, we will not, and cannot, control your bank account, make payments or transfer funds to third parties or otherwise operate any other functionality on your account.

4.6 To allow us to provide our services to you, you agree that your internet banking provider should, in accordance with these Terms of Use, allow SafetyNet Credit as your agent and nominated representative to, access, view, copy, represent, your bank account information.

4.7 You acknowledge and accept that your internet banking provider does not endorse or sponsor SafetyNet Credit.

5 INTELLECTUAL PROPERTY

5.1 Our Site, the content, any materials downloaded, and all intellectual property pertaining to or contained on our Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by SafetyNet Credit or third parties and all right, title and interest therein shall remain the property of SafetyNet Credit and/or such third parties (collectively, the "Content"). All Content is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

5.2 You are authorised solely to view and retain a copy of the pages of our Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on our Site for the purpose of transacting business with SafetyNet Credit.

5.3 You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, otherwise make available to any other third party, or in any way distribute or exploit our Site, or any portion of our Site for any public or commercial use without the express written consent of SafetyNet Credit.

5.4 Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on our Site (or printed pages produced from our Site); and (ii) make any other modifications to any documents obtained from our Site other than in connection with completing information required to transact business with SafetyNet Credit.

6 SITE SECURITY

6.1 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

6.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

6.3 We will not be liable for 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 our Site or to your downloading of any material posted on it, or on any website linked to it.

7 PRIVACY

7.1 SafetyNet Credit's Privacy Policy applies to use of our Site, and its terms are made a part of these Terms of Use by this reference. Our Privacy Policy is available at https://www.safetynetcredit.com/content/html/privacypolicy.html

7.2 Any personal data we process about you will be processed in accordance with our Privacy Policy and by using our Site to transmit personal data you consent to such processing and you warrant that information provided by you is accurate.

7.3 Additionally, by using our Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to our Site may be read or intercepted by others, notwithstanding SafetyNet Credit's efforts to protect such transmissions. We are not responsible for any message lost, intercepted or altered by third parties and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to us or any message sent by us to you over the Internet.

7.4 Logos, trademarks, images, etc. are the property of SafetyNet Credit unless otherwise noted and may not be copied, used, linked, disseminated, etc. without SafetyNet Credit's prior express written approval. Requests for approval should be directed to customer.services@safetynetmail.co.uk or SafetyNet Credit, PO Box 1515, High Wycombe, HP11 9JE.

8 COOKIES

8.1 The Site makes use of Cookies to help us identify your computer. Cookies do not themselves identify the individual user, just the computer that is used. Many sites use cookies to monitor visits to their sites in order to track traffic flows. Cookies themselves record those areas of the site that have been visited and for how long. Cookies allow us to provide a more responsive site experience.

8.2 Under the Privacy and Electronic Communications Regulations 2003 (as amended) we are required to get the consent of everyone who uses our Site to the use of cookies. By continuing to use our Site you agree to this.

8.3 You can prevent the use of cookies at any time by configuring your browser accordingly, but please note this may hinder some Site functionality. More information on cookies and guidance are contained in our Privacy Policy at https://www.safetynetcredit.com/content/html/privacypolicy.html

9 DISCLAIMERS

9.1 Whilst we have taken reasonable steps to ensure the accuracy, currency and availability, correctness and completeness of the information contained on the site:

9.2 SafetyNet Credit does not promise that our Site or any content, document or feature of our Site will be error-free or uninterrupted, or that any defects will be corrected or that your use of our Site will provide specific results.

9.3 The material on our Site could include technical inaccuracies or typographical errors. Our Site and its content are delivered on an "as-is" and "as-available" basis. All information provided on our Site is subject to change without notice. Changes may be made to the Site and these Terms of Use by updating this posting. Any revised term shall take effect as at the date when the change is made to this Site. You agree to review the terms regularly and your continued access to or use of the Site will mean that you agree to any changes. SafetyNet Credit cannot ensure that any files, documents or other data you download from our Site will be free of viruses or contamination or destructive features.

9.4 SafetyNet Credit disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.

9.5 SafetyNet Credit disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of our Site. You assume total responsibility for your use of our Site and any linked sites.

10 OUR LIABILITY

10.1 The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

10.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

10.1.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including:

(i) loss of income or revenue;

(ii) loss of business;

(iii) loss of profits or contracts;

(iv) loss of anticipated savings;

(v) loss of data;

(vi) loss of goodwill;

(vii) wasted management or office time; and

(viii) whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

10.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

11 INDEMNITY

11.1 By using our Site, you agree to defend, indemnify, and hold harmless SafetyNet Credit from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that SafetyNet Credit may become obligated to pay arising or resulting from your use of our Site, the Content, or your breach of these Terms of Use. SafetyNet Credit reserves the right to assume or participate, at your expense, in the investigation, settlement and defence of any such action or claim.

12 LINKING TO AND FROM OUR SITE

12.1 Our Site may contain links to sites maintained by third parties for your convenience. As SafetyNet Credit does not control such sites, SafetyNet Credit is not responsible for the content or privacy policies of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites.

12.2 Please note that other web sites and web pages linked to our Site may be governed by separate terms and conditions, including privacy policies. Please refer to the applicable terms and conditions of those web sites and web pages when visiting them.

12.3 You are not entitled to and must not (nor will you assist others) to set up links to the Site, (whether by hypertext linking, deep-linking, framing toggling, direct link also known as ''Hot Link" or otherwise link or connect) without our prior written consent, which we may grant or withhold at our absolute discretion.

12.4 If you wish to make any use of material on our Site other than that set out above, please address your request to customer.services@safetynetmail.co.uk or SafetyNet Credit, PO Box 1515, High Wycombe, HP11 9JE.

12.5 We reserve the right to withdraw linking permission without notice.

13 AGE

13.1 The services and products that we provide on our Site are intended for those over 18 years of age only, and information contained on our Site does not amount to an invitation to clients who are under 18 to buy any services or products. All transactions for the supply of services concluded through our Site are governed by the Terms of Use.

14 LAW AND JURISDICTION

14.1 Your use of our Site and these Terms of Use are governed by the Laws of England and Wales whose courts have exclusive jurisdiction of any disputes that may arise under or in connection with the Terms of Use.

14.2 However, we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or other relevant country.

15 MISCELLANEOUS

15.1 Any failure by SafetyNet Credit to exercise any rights or enforce any of these Terms of Use shall not constitute a waiver of such rights or terms.

15.2 If any provision of these Terms of Use or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law.

15.3 These Terms of Use constitute the entire agreement between you and SafetyNet Credit with regard to your use of our Site, and any and all other written or oral agreements or understandings previously existing between you and SafetyNet Credit with respect to such use are hereby superseded and cancelled.

16 YOUR CONCERNS

If you have any concerns about material which appears on our Site, please contact customer.services@safetynetmail.co.uk or Indigo Michael Ltd t/a SafetyNet Credit, PO Box 1515, High Wycombe, HP11 9JE.