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Terms of Use

Terms of Use 


1. These terms and conditions
2. Your products and our role
3. Nature of payments made on this Site
4. Restrictions on payments
5. Charges
6. Content and accuracy of account information
7. Access to and availability of these Sites
8. Your details
9. General use of the Sites
10. Uploading content to our Site
11. Intellectual property rights
12. External links
13. General
14. Contacting us


1. These terms and conditions

1.1 These are the terms and conditions of use for for www.acenden.com and acenden.webcustomerportal.com (the Sites). These Sites are operated by Kensington Mortgage Company Limited (weus and our). We are a limited company, registered in England. Our registered company number is 03049877, and our registered office is at Ascot House, Maidenhead Office Park, Maidenhead, SL6 3QQ. Kensington Mortgage Company Limited is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 310336) . Our Group VAT registration number is 207 8089 96. Acenden is a trading name of Kensington Mortgage Company Limited.

1.2 Your use of the Sites will be subject to these terms and conditions and by using the Sites you agree to be bound by them. If you do not agree with these terms you must not use the Sites.

1.3 We reserve the right to change these terms and conditions from time to time by changing them on the Sites. These terms and conditions were last updated on 26 May 2021.

 


2. Your products and our role

2.1 Acenden is a designated servicer of mortgages for third party lenders and subsequent purchasers of the legal or beneficial interest in mortgages (both referred to here simply as the Lenders). Our role is limited to servicing mortgages, and so your mortgage remains with your Lender.

2.2 Although these Sites enable users to manage their mortgage and other financial products (the Products) online, all products remain governed by the relevant terms and conditions between you and your Lender (the Product Terms). These terms and conditions relate to our websites only and are separate to the Product Terms.

2.3 By using these Sites and carrying out activities associated with these Sites you confirm you have consent from all other parties named in your mortgage agreement.


3. Nature of payments made on this Site

3.1 Payments made on the Site are – in the same way as payments made by other methods such as via telephone - subject to the Product Terms (and subject to any payment plan we have agreed with you). All payments are in respect of debt owed between you and your Lender for the relevant Product at the relevant time, although payment to us via the Site will (subject to the Product Terms and all the terms and conditions here and information on the Site) discharge against that debt.

3.2 Making a payment via the Site may attract charges under your Product Terms.

3.3 It can take up to five business days for payments to be applied to your Products

3.4 Payments are processed by third party payment providers, currently Secure Trading Limited (www.securetrading.com) and Semafone Ltd (semafone.com). These providers process the payments on our behalf in our role as mortgage servicer to discharge debt between you and your Lender. Details of how this affects your personal data are set out in our Fair Processing Notice (which can be found under ‘Helpful Info’ on www.acenden.com) and  cookie policy.

3.5 Payments cannot be reversed (this does not affect section 4.6 below regarding overpayments). Payments are made against debt owned to your Lender, and are not made in respect of purchases of any goods or services, and as such are not subject to the laws on Distance Sales to consumers.


4. Restrictions on payments

4.1 The facility to make payments via these Sites is not available to all borrowers, and may be withdrawn or changed at any time at our discretion. We will not have to notify you of such changes but the Site will be updated to reflect them.

4.2 Even where the payment facility is available to you, you may be prevented from using it for various reasons such as your being subject to a court hearing, being in serious arrears, or in default of an agreed payment plan in relation to your Product. This is in our discretion and our criteria may change from time to time without notice to you.

4.3 Payments should only be made via a debit card registered to the name and address of the holder of the relevant Product and we are entitled to reject a payment if this is not the case. We may use third parties to verify this and so your details may be passed to them for this purpose. Please see our Fair Processing Notice (which can be found under ‘Helpful Info’ on  www.acenden.com)  and our Cookie Policy for information as to how we may use your personal data.

4.4 We do not accept credit card payments or payments from third parties and are entitled to reject them.

4.5 The amounts you can pay via the Site may be restricted by us and/or your Lender from time to time, either by reference to maximum payment amounts, maximum payments over a period of time (such as £5000 per month) or other criteria. This remains at our discretion and we do not have to notify you of any changes. The current restrictions are set out on the relevant pages of the Site.

4.6 Any payments you make will only be applied to discharge your monthly payment that is due and any arrears outstanding at the time of the payment. These amounts can be seen in your mortgage account viewable on these Sites and you should not make payments in excess of these amounts. Any payments in excess of these amounts will be treated as an overpayment and the overpaid balance will be held while we contact you.

4.7 Payments will be applied against your payment obligations in accordance with the Financial Conduct Authority's rules and will not be applied to any capital on the relevant Products (other than capital to be repaid on a repayment mortgage as part of the monthly payment). If you wish to make additional capital repayments please contact our Customer Services Department on the numbers available on these Sites. Any such payments will be treated as overpayments and the overpaid balance will be held by us and we will contact you.

4.8 Payments may only be applied to one Product, and cannot be apportioned across multiple Products.


5. Charges

Use of these Sites may attract charges from your Lender. A list of the current charges is available on the tariff pages on the Site.


6. Content and accuracy of account information

6.1 The account information available via these Sites will be correct as of close of business on the previous working day (meaning a weekday on which the banks in England are generally open for business).

6.2 We may change the format and content of the Sites from time to time. You agree that your use of the Sites is on an 'as is' and 'as available' basis and at your sole risk.

6.3 Whilst we try to make sure that all information contained on these Sites is correct, it is not intended to amount to authority or advice on which reliance should be placed. Nothing on these Sites amounts to advice or promotion in relation to any financial service or product.

6.4 We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of these Sites and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using these Sites or relying on any of its content.

6.5 We cannot and do not guarantee that any content of these Sites will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.


7. Access to and availability of these Sites

7.1 It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the Sites and is compatible with these Sites.

7.2 We cannot guarantee the continuous, uninterrupted or error-free operability of the Sites. There may be times when certain features, parts or content of the Sites, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Sites, or any features, parts or content of the Sites.


8. Your details

You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false. Please see our our Fair Processing Notice (which can be found under ‘Helpful Info’ on www.acenden.com) and  Cookie Policy for information as to how we may use your details.

Acenden will never contact you and ask for your personal account information including account number, passwords, or other account information. Acenden will never send you an email directing you to a website to ‘verify’ your personal or account information. Acenden staff members will never ask for your password or any other PIN to any service.


9. General use of the Sites

9.1 You may only use the Sites for lawful non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Sites on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Sites and, where they apply, will be displayed before you access the relevant features, parts or content.

9.2 You must only use the Sites and anything available from the Sites for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

9.3 Except to the extent expressly set out in these terms and conditions, you are not allowed to:

  • scrape the Sites
  • link to the Sites
  • attempt to circumvent security or interfere with the proper working of the Sites or the servers on which it is hosted, or
  • attempt to use these Sites or do anything else that amounts to a 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 Sites will cease immediately.
  • knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Sites, the server on which our site is stored or any server, computer or database connected to our Sites.

9.4 All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.

9.5 We do not guarantee that our Sites will be secure or free from bugs or viruses.

  • You are responsible for configuring your information technology, computer programmes and platform to access our Sites. You should use your own virus protection software

 


10. Uploading content to our Sites

  • Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with us, you must comply with the content standards in these Terms of Use.
  • Any content relating to your mortgage you upload to our site will be considered confidential. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties, such as but not limited to, your lender, third party advisers and credit reference agencies where necessary for the administration of your loan.
  • You are solely responsible for securing and backing up your content.
  • Other than personally identifiable information, which is covered under our Fair Processing Notice (found under ‘Helpful Info’ on www.acenden.com), any material you transmit or upload to the Site shall be considered confidential.
  • You accept any documentation uploaded to the Site is at your sole risk and we do not accept any liability guarantee its security
  • You must not post, upload or transmit to or from the Site any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or (b) for which you have not obtained all necessary licenses and/or approvals; or (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). You may not misuse the Website (including, without limitation, by hacking).
  • We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms.
  • You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

 


11. Intellectual property rights

All intellectual property rights in any content of the Sites (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Sites. In the event you print off, copy or store pages from the Sites (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.


12. External links

The Sites may, from time to time, include links to external sites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators.


13. General

13.1 Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.

13.2 To the fullest extent permitted by law, we shall not be liable to you for any business losses, loss of profits, revenue, data, or goodwill or for any indirect or consequential losses.

13.3 These terms and conditions shall be governed by English law, and you agree that any dispute between us regarding them or the Sites will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England or Wales, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.


14. Contacting us

Please submit any questions, concerns or comments you have about this privacy policy or any requests concerning your personal data by telephone on 0333 300 0426 between the hours of 9am to 5:30pm, Monday to Friday or write to us at Ascot House, Maidenhead Office Park, Maidenhead, SL6 3QQ.


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