Terms and Conditions
Last updated July 2012
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. It is important that you read and understand the terms and conditions that apply to your use of this website. If there is any term that you do not understand or do not wish to agree to please discuss it with us before making use of this site. Only make use of this site if you wish to be bound by our terms and conditions.
Use of this website creates a legally binding agreement between:
Darlington Building Society whose head office is at Sentinel House, Morton Road, Darlington,
County Durham DL1 4PT ("we", "us", "our"); and
You, the user of our website ("you" or "your").
Darlington Building Society intends not to discriminate against any section of the community. We aim to be accessible to everyone. If you have any special needs, please contact us and we will try to help.
1 LEGALLY BINDING TERMS AND CONDITIONS
1.1 Your use of our website may be subject to restrictions imposed by law. You must comply with these laws as it is not possible for us to comply with them on your behalf.
1.2 We may change these terms and conditions at any time by publishing a new version on our website. Your use of our website will from that point on be governed by the new version. If you do not wish to accept any new version of our terms and conditions then you should not continue to use our website. If you continue to use our website after the date on which the new version of our terms and conditions comes into effect then your continued use of our website shall indicate your agreement to be bound by the new terms and conditions.
2 USE OF OUR WEBSITE BY YOU
2.2 Our website is designed to be accessed through its principle home page and such other principle product pages as we decide. If you access the site through individual pages directly, which are not designed for this purpose, you may not see important information which is relevant to a full understanding of our products and services. You will be referred on certain website pages to read important information which will contain product details and relevant legal or regulatory information and which should be read in conjunction with the appropriate website pages.
2.3 If you choose to access certain services and products on this website which require you to submit details electronically (for example, downloading an application form, registering with us etc) you may receive an automated acknowledgement. Any such e-mail is for acknowledgement purposes only and shall not constitute an offer or acceptance from us to provide you with any product or service.
2.4 We will not enter into any contracts with you online. If you try to enter into an online contract with us, that contract shall be void and have no effect.
2.5 The contents of this website are not intended to provide any financial, investment or professional advice and nothing on the pages of this website shall be deemed to constitute the provision of financial, investment or other professional advice in any way.
2.7 Except as expressly provided in these terms and conditions or by any applicable law you may not use, distribute or copy any part of our website without our prior written consent.
2.8 We may withdraw your licence to use any part of our website at any time for any reason but this will not affect any rights that had accrued to either you or us prior to the withdrawal.
2.9 We may alter or withdraw our website without notice at any time without incurring any liability to you or to any other person.
2.10 We may refuse to deal with information submitted by you via our website which is not in English.
2.11 You must not use, or permit the use by any other person of our website in any way which is defamatory, offensive, abusive, indecent, obscene or menacing in any way which violates or infringes the rights of any person or organisation any way which is illegal or unlawful; to introduce a virus, trojan horse, worm, trap door, back door or other disruptive program or item whatsoever; in any way which is not authorised by us or which is in breach of these terms and conditions; in any way which may cause our website or its functionality to be impaired or interrupted in any manner; or to create and/or publish a link to any part of our website without our prior written consent or to attempt any unauthorised access to any part or component of our website.
3 INTELLECTUAL PROPERTY RIGHTS
You agree that all intellectual property rights (including but not limited to patents, copyright, circuit topography rights, registered designs and unregistered design rights, database rights (including rights of extraction), trade marks and service marks and any application or right to apply for registration of any such rights) contained in our website and its contents belong to us or to others who have licensed us to use them.
4.2 You must not disclose to any third party any information of a confidential nature relating to our affairs, business, service, products or plans (except to the extent that such information is already lawfully known to the receiving or acquiring party, or is already in the public domain);
5 LIABILITY AND WARRANTIES
5.1 The limitations and exclusions on our liability described in these terms and conditions do not apply in the case of death or personal injury caused by our negligence or in the case of our fraud or in the case of any other liability which we may not limit or exclude under any applicable law. They do not affect your statutory rights as a consumer.
5.2 Except as set out in 5.1 above we will not be liable to your or anyone else, in contract, tort or otherwise in connection with, these terms and conditions for any: economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred arising out of or in connection with these terms and conditions or the use of our website.
5.3 Except as set out in 5.1 above we are not liable for any statement or representation that we make to you, even if you rely on it, unless we made the statement or representation fraudulently. In all other circumstances, except as set out in 5.1 above, we will not be liable to you or anyone else for losses or damages arising from use of our website by you or others whether arising from any loss of information, content or material uploaded or transmitted through the website, from action taken in reliance on material or information contained on the website or anything else.
5.4 Except as set out in 5.1 above our website is provided on an "as is" and "as available" basis. In particular, we make no warranties or representations to you that any email we send to you or that you send to us will reach its destination or that it will be private and secure during internet transmission; about the accuracy of any information on our website in relation to products or services offered on our website whether by us or on our behalf (including free software downloads) or their availability unless specified in separate terms and conditions in connection with the particular products or services concerned; as to the availability, accessibility reliability, operation or performance of our website or the server(s) that make it available or as to their freedom from viruses defects or bugs and we exclude (to the fullest extent permitted by law) all implied terms, warranties and representations in connection with these terms and conditions.
5.5 We have no control over the worldwide web or over the compatibility of our website with any of your equipment, software or any telecommunications links. Accordingly, except as set out in 5.1 above you release us, our agents and employees from all liability arising out of or in connection with the operation or the level of performance of the worldwide web or the Internet or the compatibility of our website with any of your equipment, software or telecommunications links and you agree that we are not responsible for any telephone changes or other costs you may incur in accessing and using our website.
5.6 For your convenience, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use which you or others make of those websites or resources, nor (iv) for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
5.7 You agree to indemnify us (subject to any restrictions imposed by law) from and against all costs, losses, claims, damages, expenses or proceedings suffered or incurred by us arising out of or in connection with any breach of these terms and conditions by you and any breach by you of any law or legislation.
6.1 If any part of these terms and conditions is judged to be illegal or unenforceable by a court or any other competent authority, that part will be deemed to be deleted. The remaining parts will continue in full force and effect.
6.2 Any delay by us in enforcing our rights against you does not affect our ability to enforce those rights. Any waiver by us of any right against you, it is not a waiver of any other rights that we may have against you.
6.3 We shall not be responsible for any breach of these terms and conditions caused by circumstances that are beyond our reasonable control.
6.4 Any notice to be given under these terms and conditions (unless otherwise specified) must be in writing in the English language and be delivered either personally or by registered post to the other party. In the case of post, the notice will be deemed to have been received 10 working days after the date of posting, and in all other cases will be deemed to have been received on the next working day following the date of actual delivery.
6.5 These terms and conditions are governed by English law and we and you both agree that any dispute arising between us will be dealt with exclusively in the English courts.
6.6 You may not assign or sub-contract any of your rights or obligations under these terms and conditions to anyone else unless agreed in writing by us. We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of our rights or obligations under these terms and conditions or any related contract to any other person.
6.7 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the UK Contracts (Rights of Third Parties) Act 1999) except that our permitted successors, assignees, subcontractors and nominees shall have the right to enforce any rights or benefits under these terms and conditions and take the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions and no consent from such person/entity is required for the parties to vary or rescind these terms and conditions.
6.8 These terms and conditions including the documents or other sources referred to in them supersede all prior representations understandings and agreements between you and us relating to the use of our website and set forth the entire agreement and understanding between you and us concerning your use of our website.
6.9 You may send notices to us in connection with these terms and conditions by post or in person to:
Darlington Building Society