Website Use Terms and Conditions

General

1. The Site is an online information service provided by the Bank, subject to the User’s compliance with these terms and conditions (the “Terms and Conditions”).
2. The User should read the Terms and Conditions carefully before accessing or using the Site. By accessing or using the Site the User agrees to be bound by the Terms and Conditions set out below. If the User does not wish to be bound by these Terms and Conditions, the User may not access or use the Site.
3. The Bank may modify these Terms and Conditions at any time and such modifications shall be effective immediately upon posting on the Site. The User agrees to view the Terms and Conditions periodically to be aware of such modifications and the User’s continued access or use of the Site is conclusive of the User’s acceptance of the Terms and Conditions as modified.
4. The User will be able to access material on most areas of the Site without going through a registration process. Certain areas of the Site are only open to a User if the User registers.

Statutory Rights

5. Nothing in these Terms and Conditions excludes or purports to exclude an individual’s statutory rights.

Intellectual Property Rights

6. The User agrees that the User shall have no recourse against the Bank for any alleged or actual infringement or misappropriation of any proprietary right in the User’s communications to the Bank.
7. The User may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the Site, including the text and graphics, code and/or software.
8. If the User believes that content appearing on the Site constitutes copyright infringement of another party’s rights, please contact the Bank at us@unity.co.uk
9. “Unity”, “Unity Financial Services” and “com.unity” are the exclusive trademarks or servicemarks of the Bank, including the “look” and “feel” of the Site, the Bank’s colour combinations, layout, and all other graphical elements. Any use of the Bank’s trademarks (registered or unregistered) is strictly prohibited without express written permission from the Bank. Other product and company names mentioned in the Site may be the trademarks of their respective owners. All rights are reserved.

The Bank’s Obligations

10. The Bank cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. The User is responsible for implementing sufficient procedures and checkpoints to satisfy the User’s particular requirements for accuracy of data input and output and for maintaining a means external to the Site for the reconstruction of any lost data.
11. The Bank endeavours to provide the User with the capability to access the Site and use its facilities on an uninterrupted and fault free basis. The Bank does not contract to provide a fault free service.

The User’s Obligations

12. The User must not violate any applicable national or international law.
13. The User must not upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of the Bank or any other party.
14. The User must not manipulate or otherwise display the Site by using framing or similar navigational technology. The User may not link to the Site without the Bank’s prior written consent.
15. It is solely the User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, advertising and other information provided on the Site, via a link or on the Internet generally.
16. The User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related there to.
17. The User agrees to indemnify, defend and hold harmless the Bank, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including solicitors’ fees, resulting from any breach of this Agreement (including negligent or wrongful conduct) by the User or the User’s use and access of the Site.
18. The Bank recommends that the User always consults an appropriate professional advisor before relying on personal, legal or financial advice provided on the Site.

Disclaimers

19. The User assumes responsibility and risk for the User’s use of the Site and the Internet.
20. The User acknowledges that nothing on this Site has been tailored for the User’s particular requirements.
21. The Bank endeavours to ensure that all its information and material on the Site is correct and accurate but does not warrant (including without limitation warranties of title or non infringement, or the implied warranties of suitability or fitness for a particular purpose) any of the material and cannot accept any liability for errors, or omissions.
22. Any opinions, advice, statements, offers, advertising, products or other information expressed or made available by third parties on the Site, or via a link, are those of the third party concerned. The Bank neither endorses nor is responsible for the accuracy, reliability of any such third party material.
23. Some of the information on this Site may contain projections or other forward-looking statements regarding future events or the future financial performance of the Bank. The User acknowledges that these statements are only predictions and that the actual events or results may differ materially.
24. Nothing on this Site constitutes the offering of investment advice either actual or implied and as defined in the Financial Services Act 1986 or its successor(s) and should not be relied upon in making (or not making) any decision.
25. In no event will the Bank be liable for:

• • any incidental, consequential, or indirect damages (including but not limited to, damages for loss of profits, anticipated savings, goodwill, business interruption, loss of programs or data) arising out of the use of or inability to use the Site, or any information, or transactions provided on the Site, via a link, or downloaded from the Site or any delay of such information or service even if the Bank (or its authorised representative) have been advised of the possibility of such damages; or
  • any claim attributable to errors, omissions, or other inaccuracies in the Site and/or materials or information downloaded through the Site or via a link.

Nothing in the above purports to limit the Bank’s liability for death or personal injury caused by its negligence or for fraudulent misrepresentation.

Links

26. The User may use the Site to purchase products or services via a link to third party websites. If so, the User’s contract for such products or services will be with the appropriate third party and not with the Bank. It will be subject to such conditions as that party sets out in relation to those products or services on that site.
27. The Bank does not monitor the content of third party websites and any links provided are for the User’s convenience only.

Privacy Policy

28. The Bank respects and is committed to protecting the User’s privacy. This Privacy Policy informs the User how the User’s personal information is processed and used. The Bank will use its reasonable endeavours to take steps to use the User’s personal information only in ways that are compatible with this Privacy Policy.
29. If the User does not want to be contacted by telephone, post or e-mail about any other products or services which the Bank thinks may be of interest to the User, the User should advise the Bank in writing to: The Marketing Department, Four Brindleyplace, Birmingham, B1 2JB. Any information the User provides will be treated as confidential and the Bank is committed to protecting the privacy of anyone who uses the Site and to complying with the Data Protection Act 1998.
30. The personal data may be used by the Bank, any member of the group of companies of which the Bank is a member and any agents acting on behalf of the Bank.
31. This Privacy Policy only extends to the Site and not to any third party sites that may be linked to the Site. The Bank may gather information about the User at the time that the User [registers or] responds to profile requests. The User agrees to information being used for the following uses:

• • to respond to a User’s request for information on the Bank’s products;
  • to send the User information on products/services, either the Bank’s or third party’s, which the User has not specifically requested.

The above list is illustrative only and is not an exhaustive list of the uses to which the information may be put.

32. If the User opts out of receiving marketing material the Bank will not supply the User’s details to any third party except where the Bank is obliged to by law or to keep the Site running normally. If the User has not used the “opt-out facility”, the Bank may release the User’s name to other companies which the Bank has carefully checked (including but not limited to those advertising from time to time on the Bank’s Site) and which the Bank believe might be offering a product, service or information which will be of interest to the User.
33. The Bank may request the User’s e-mail address or postal address for the purposes of conducting a survey or to provide additional services. Whenever the Bank requests the identity of a User, the Bank will clearly indicate the purpose of the inquiry before the information is requested. The Bank maintains a strict “no-spam” policy that means that the Bank does not intend to sell, rent, or otherwise give your e-mail address to a third-party, without your consent.
34. The Bank will use reasonable precautions to keep the information disclosed to the Bank secure. The Bank reserves the right to transfer information in connection with the sale of all or part of the Bank’s capital stock or assets. Furthermore, the Bank is not responsible for any breach of security or for any actions of any third parties that receive the information. The Bank is not responsible for the privacy policies of third party sites or how they treat information about their users. The Bank recommends you check with those sites to determine their privacy policy.
35. The User may require the Bank to produce copies of the personal data held about the User. There is a fee for the provision of such.
36. In the event it transpires that the Bank is processing sensitive personal data about the User (such as health, status or ethnic origin) the Bank will need to contact the User for the User’s explicit consent to process this type of data.
37. The User’s submission of personal data to the Bank will constitute consent to the Bank processing personal data in accordance with this Privacy Policy.

Indemnification

38. The User shall defend and indemnify the Bank against any costs, claims, losses or damages and expenses suffered or incurred by the Bank resulting from any breach by the User of these Terms and Conditions.

Governing Law

39. These Terms and Conditions shall be governed by, and construed in accordance with, the laws of England. All disputes or claims arising from them, relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the English Courts to which the Bank and the User irrevocably submit.

Assignment

40. These Terms and Conditions are personal to the User and the User shall not assign or transfer any of its rights and responsibilities under these Terms and Conditions. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions. No company whose products or services are being sold via this Site or any other party who is not a party to this contract shall have the right to enforce any provision of these Terms and Conditions. The parties to this Agreement shall have the right to vary or cancel these Terms and Conditions in accordance with its provisions without requiring the consent of any third party.

Waiver

41. The waiver by either party of any breach of these Terms and Conditions shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.

Severability

42. If at any time any part of these Terms and Conditions (including any one or more of the clauses of these Terms and Conditions or any sub-clause or paragraph or any part of one or more of these clauses) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from these Terms and Conditions and the validity and/or enforceability of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired as a result of that omission.

Entire Agreement

43. The Terms and Conditions together with all contractual terms referred to in those Terms and Conditions contain all the terms of the User’s agreement with the Bank relating to the User’s use of the Site and purchase of services via links from it. No other written or oral statement including statements in any brochure or promotional literature published by the Bank will be incorporated into this Agreement or have any legal effect and no party shall have any liability for such statement, unless the same were made fraudulently.

Termination/Access Restriction

44. Either party without prior notice may terminate this Agreement at any time for any reason. All provisions capable of surviving termination of this Agreement shall survive any termination of this Agreement.
45. The Bank reserves the right, in its sole discretion, to terminate the User’s access to the Site and any or all of the Bank’s other sites and any related services or any portion thereof at any time, without notice.

Unity Trust Bank plc (‘the Bank’) is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. The Bank is entered in the Financial Services Register number 204570. Our call centre opening hours are 9:00am to 5:00pm, Monday to Friday, excluding bank and public holidays in England and Wales. Registered office: Four Brindleyplace, Birmingham, B1 2JB. Registered in England and Wales no. 1713124.