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Our Terms and Conditions

Terms of Website Use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.homegroundonline.com (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. 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.

Information About Us

www.homegroundonline.com is a site operated by HomeGround Management Limited ("We"). We are registered in England and Wales under company number 7305337 and have our registered office at 8 Baden Place, Crosby Row, London, SE1 1YW. Our main trading address is PO Box 6433, London W1A 2UZ. Our VAT number is 102724260.
We are a limited company.

Accessing Our Site

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.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are 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.

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.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on Information Posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our Site Changes Regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our Liability

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:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • 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, without limitation any liability for:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and

for any other loss or damage of any kind, however arising and 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.

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.

Transactions Concluded Through Our Site

Contracts for the supply of services or information formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.

Viruses, Hacking and Other Offences

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.

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.

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.

Linking to Our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please address your request to enquiries@homegroundonline.com.

Links From Our Site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your Concerns

If you have any concerns about material which appears on our site, please contact enquiries@homegroundonline.com.
Thank you for visiting our site.

HomeGround Terms And Conditions Of Supply

How These Terms And Conditions Work And What They Cover

1.1 These terms and conditions apply to the accounts and related services we provide in the United Kingdom. It sets out the obligations we have to you, as an account holder with us, and the obligations you have to us.

1.2 These terms and conditions apply to accounts you hold with us and the services we provide you with as an account holder.

1.3 In this agreement:
(a) "we", "us" and "our" mean HomeGround Management Limited;
(b) "you" and "your" mean any customer operating an account with us. If you authorise another person to operate your accounts for you (for example under a power of attorney), we will deal with that person as if he or she were you for the purposes of this agreement but we will only be permitted to use information about you, not that person, under this agreement.

1.4 You can ask us for a copy of this agreement and any of the leaflets, for example that contain information about our rates and charges at any time.

2. Contacting Each Other

2.1 We will contact you by post, telephone or electronically using the details you have given us. (When we use the words "electronically" or "electronic" in this agreement we mean any form of message made by any type of telecommunication, digital or IT device (including the internet, digital television, email and SMS).) Certain forms of communication are not completely secure and you must take adequate precautions to ensure that others do not access, read or use your information without your consent.

2.2 It is your responsibility to ensure that we have your current contact details. Where we are required to send information to you, by law we have to send it to the most recent address we have for you. If you do not tell us promptly about any change to your details, the security of your information could be at risk and you may not receive things which could be important, including notices about changes to this agreement which affect you.

2.3 You can contact us by post or electronically using the details we give you. We will tell you if our details change.

2.4 We may monitor electronic communications between us (including emails) for training purposes and so that we can check instructions and make sure that we are meeting our service standards.

3. Giving Us Instructions

3.1 To run your relationship with us under this agreement you will need to give us a range of different instructions. For example, you may instruct us to:
(a) make payments;
(b) give you information about your accounts;
(c) open new accounts or close existing accounts; or
(d) take any other action on your accounts.

This condition explains how you can give us instructions and the steps we will take before we act on any instruction.

3.2 Before we will act on an instruction, we will take steps to check that the instruction is:

  • genuine (in other words given by you); and
  • clear.

3.3 We can refuse to act on any instruction or accept a payment into an account if we reasonably believe that:

  • by carrying out the instruction we might break a law, regulation, code or other duty which applies to us; or
  • we reasonably believe that doing so might expose us to action or censure from any government, regulator or law enforcement agency; or
  • it is for a payment to or from, or you are trying to make a card payment in, a limited number of countries. (We will tell you which countries if you ask us or if you try to make a card payment there.)

3.4 Unless the law prevents us from doing so, we will try to contact you to tell you if we refuse to act on any instruction, the reasons for refusing it and what you can do to put right any errors in the instruction. You can also contact us to find out why we have refused to carry out your instruction.

3.5 We may assume that the information given in an instruction is correct, unless we are aware of an obvious error. In particular, we may assume the account number quoted in any instruction is the correct account number.

3.6 Instructions have to be given by the relevant "Cut-off Time" on a "Working Day". Although we may provide certain electronic and services that can be accessed 7 days a week, we cannot usually make payments into accounts at weekends or on public holidays. "Working Day", for the purpose of making or receiving payments, therefore means Mondays to Fridays (excluding public holidays). The Cut-off Time is the time, towards the end of the Working Day, by which we must receive all payments into the account if they are to be processed that day. The Cut-off Time for electronic instructions is [ ].

4. Payments Into Your Account

4.1 You agree that we can deduct any applicable charges from a payment before we add it to your account.

4.2 The timing of payments into your accounts depends on how the payment is made and where it has come from. Although payments made into an account on a non-Working Day will not generally be processed by us until the following Working Day, in certain circumstances they will be shown on your account on that day but will be dated the following Working Day.

4.3 If we receive a payment before the relevant Cut-off Time on any Working Day, we will process it on that day unless you have asked us to make it on a future date, in which case we will process it on that date. Payments received after the Cut-off Time or on (or for) a non-Working Day will be processed on the next Working Day.

4.4 To manage our risk, we also apply internal controls, including limits, to certain types of payment. We change these as necessary but, for security purposes, we do not disclose them.

4.5 If we receive any payment and:

(a) we are reasonably concerned that it may not have come from you; or
(c) for some other reason, such as suspected fraud, we want to check the payment with you,
we can ask you to confirm it (either in writing or verbally) and will not act on it until you have confirmed it. In this case, you must confirm the payment as soon as possible to avoid any delay by us in acting on it. We will not make the payment until that information is provided

4.6 The position for changing or cancelling payments is as follows:

(a) Immediate payments: we cannot change or cancel a payment given electronically because we start processing it when we receive it. We cannot cancel a payment made using a card once you have given your consent to make the payment to a third party. This can only be done with the consent of the third party.
(b) Future payments made by debit card: we cannot cancel these payments. You must cancel them by contacting the third party you gave your card details to.
(c) Other payments you have instructed us to make in the future (e.g. payments by standing order and direct debit): you can cancel these payments on or before the last Working Day before the date on which the payment was due to be made.

4.7 If you have instructed us to make payments requested by third parties under the UK Direct Debit Scheme, we will provide refunds for any error made in accordance with the terms of the Direct Debit Guarantee (set out on the Direct Debit form or Direct Debit confirmation).

5. Information We Must Give You And You Must Give Us

5.1 We will make information about individual payments paid into your account available through your website account.

5.2 You are responsible for checking the information we give you and must tell us as soon as you can if it includes something which appears to you to be wrong or if a payment was not made in accordance with your instructions.

6. Our Liability To You And Your Liability To Us

6.1 We will not be liable to you for any losses you suffer or costs you incur because:

  • we do not act on a payment for any reason specified in these terms and conditions;
  • the details contained in the payment were not correct; or
  • we break these terms and conditions due to abnormal and unforeseeable circumstances outside our control where we could not avoid breaking these terms and conditions despite all efforts to the contrary - this may include, for example, a machine, electronic device, hardware or software failing to work or being down for a period, industrial disputes and complete or partial closure of any payment system.

6.2 Nothing in these terms and conditions will exclude or limit any liability we have as a result of acting fraudulently or with extreme carelessness or any duty or liability we may have to you under applicable law or any liability that cannot lawfully be excluded.

7. Breach of these Terms and Conditions

7.1 If you break any of these terms and conditions, we can claim from you any losses or costs that we reasonably incur as a result of your breach. These include, but are not limited to, the costs of tracing you, telling you about, and taking steps to deal with, the breach, communicating with you about the breach and enforcing payment of any amount due to us.

8. Changing These Terms And Conditions

8.1 We may upgrade your account or enhance the services we provide to you if we reasonably consider this is to your advantage and there is no increased cost to you.

8.2 We may also change any of the other terms of this agreement for any of the following reasons: (a) where we reasonably consider that:

  • the change would make the terms easier to understand or fairer to you; or
  • the change would not be to your disadvantage; or

(b) to cover:

  • the improvement of any service or facility we supply in connection with the account;
  • the introduction of a new service or facility;
  • the replacement of an existing service or facility with a new one; or
  • the withdrawal of a service or facility which has become obsolete, or has ceased to be widely used, or has not been used by you at any time in the previous year; or

(c) to enable us to make reasonable changes to the way we look after your accounts as a result of changes in:

  • the banking or financial system;
  • technology; or
  • the systems we use to run our business; or

(d) as a result of a regulatory requirement (or where we reasonably expect that there will be a change in a regulatory requirement).

8.3 We will give you at least 1 months' personal notice of all changes. When we tell you about a change we will tell you the date it comes into effect. As long as notice of a change is given to you at the most recent contact details we have for you, you will be treated as accepting the change on that date unless, before then, you tell us that you want to terminate your agreement with us and not accept the change. We will not make any termination charge, if you terminate your agreement in this case.

9. Security

9.1 We will take reasonable care to ensure the security of and prevent unauthorised access to our online services.

9.2 In exceptional circumstances, we may at any time suspend the operation of online services but we will promptly notify you of any such suspension.

9.3 You must:

  • not attempt to change any software provided by us;
  • not copy or allow any third party to use or copy any software provided by us without our consent; and
  • tell us as soon as you can if you become aware of any failure, delay, malfunction, virus or error in the sending or receiving of instructions or any suspected fraud.

9.4 You should also ensure your computer, modem or any other device you use complies with the standards and requirements we tell you from time to time and carry out your own regular virus checks and security updates.

9.5 If you use our online service outside the UK you do so at your own risk, as it may be against the law in that country.

9.6 Unless we tell you otherwise, any software we provide to you is licensed to you. The copyright and all other rights in it and in any user guides or other information we provide to you, remains owned by us or by the person who licenses it to us (if applicable). You must use it exclusively in connection with this agreement and as described in any user guide or other information we provide to you. You will obtain no rights, title or interest in any such materials or intellectual property rights relating to them.

9.7 The records we maintain of any online messages, instructions, payments or other transactions will be final evidence of those messages, instructions, payments or other transactions and of the time they are given or carried out except where there is an obvious mistake.

9.8 You are responsible if, when you use our online service, you give us incorrect instructions or mistakenly instruct us to make the same payment more than once.

10. General Information

10.1 Unless we have made a different agreement with you, these terms and conditions are governed by English law. The law that will apply to the establishment of our relationship will be the same as the law that governs these conditions.

10.2 This agreement is in English and we will only write and communicate with you in English.

10.3 If we choose not to exercise rights against you immediately we can still do so later.

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© 2010 HomeGround Management LTD

Registered Office: 5 Market Yard Mews, 194-204 Bermondsey Street, London, SE1 3TQ. Registered in England No 7305337

HomeGround Management Limited is an Appointed Representative in respect of its insurance mediation activities only of Arthur J. Gallagher Insurance Brokers Limited which is authorised and regulated by the Financial Conduct Authority. Registered Office: Spectrum Building, 7th Floor, 55 Blysthwood Street, Glasgow G2 7AT
Registered in Scotland. Company Number: SC1089909

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