Terms and Conditions

Please read these terms and conditions carefully. They are a legal document. By your use of our Services, you agree to be bound by these terms. These terms should be read in conjunction with our Privacy Policy and your specific Terms of Engagement. Also, we may post guidelines or rules on our Site which are applicable to our Services, and any such guidelines or rules are hereby incorporated by reference into this agreement.

If you are in disagreement with these terms and conditions and do not intend to be bound by them, you will no longer be eligible to use any of our Services, and, if relevant, you should discontinue use of them immediately.

Please note:The Diverse Finance Company is a trading name of Diverse Finance Limited.

1 Introduction and Eligibility

a) This site ("our Site") and our Direct Service (whether via the telephone or via direct contact with you)("our Direct Service") (together referred to as "our Services") are all owned and operated by Diverse Finance Ltd.
b) From hereon onwards Diverse Finance Ltd will be referred to as "Diverse Finance", "us" "our(s)" or "we".
c) You will be referred to as "you" or "your" or “client”.
d) Financial Institutions providing financial services will be referred to as Lenders
e) This site is intended for use by persons, companies and organisations able to form legally binding contracts under English law.
f) You warrant that you will not make requests for our Services unless you have the intention and capacity to pay for them on the terms stated.

2 Finance Applications

a) Using information provided by you either via our Site or via our Direct Service we prepare finance applications for submission to our panel of lenders.
b) Successful applications may generate an Offer in Principle ("OIP") from a lender, , the provision of which is not binding on a lender or Diverse Finance and is not an offer to enter into a contract.
c) This may then be converted into a firm Offer of Advance("OA") by the lender on confirmation of application and identity details
d) Diverse Finance is not responsible for a lender(s) being unwilling to (a) provide an offer in principle or (b) convert an offer in principle to a firm OA.

3 Payment of Fees

a) Fees are agreed on a case by case basis according to the particular customer circumstances and will be payable to us according to your specific terms contained within your Terms of Engagement.
b) The Terms of Engagement will be sent to you once you have completed the application process and have confirmed that you agree to our Terms and Conditions, either by confirming your agreement direct via our Site or, in the case of transactions via our Direct Service, by returning a signed copy of the document to us.
c) If the Terms of Engagement are acceptable the document must be signed by a duly authorised representative of Client prior to Diverse Finance progressing to the Offer in Principle stage.

4 Data Provision

a) In order to use our Services you must provide true, current, complete, and accurate information.
b) You warrant that such data is true, accurate, current and complete and that you are authorised to provide such data.
c) If any registration data that you provide is untrue, inaccurate, not current or incomplete, Diverse Finance retains the right, in its sole discretion, to suspend or terminate your account and rights to use our Services.
d) Registration data and certain other information about you is subject to our Privacy Policy.
e) Solely to enable Diverse Finance to use information you supply us with, you grant to Diverse Finance a non-exclusive licence to
i. Convert such information into digital format such that it can be read, utilised and displayed by Diverse Finance's computers or any other technology currently in existence or hereafter developed capable of utilising digital information,
ii. Use, reproduce, modify, display, market, publish, distribute, and transmit the information in connection with operating, demonstrating, or marketing our Site or our Services, and
iii. Combine the information with other content provided by Diverse Finance, in each case by any method or means or in any medium whether now known or hereafter devised.
f) The foregoing licences shall include the right to grant sub-licences to the users of our Site to print all or any portion of the information for internal business purposes. Diverse Finance retains all ownership rights in and to any modifications, enhancements or other contributions made by or on behalf of Diverse Finance to any information provided by you.
g) Diverse Finance will only use the information in accordance with our Privacy Policy and as contemplated by this agreement.
h) Except as otherwise stated herein or under our Privacy Policy, any material, information or other data you transmit or post to us ("Data") will be considered non-confidential and non-proprietary. Diverse Finance will have no obligations with respect to the Data. Diverse Finance and its designees will be free to copy, store, process, modify, display, market, disclose, distribute, incorporate, transmit and otherwise use the Data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

5 Conduct on our Site

You agree not to:
a) Use our Site to upload or distribute in any way files that contain viruses, bugs, corrupted files, or any other similar software or programs that may damage the operation of computer hardware or software;
b) Interfere or disrupt our Site or any networks connected to our Site;
c) Use any device, software or routine or attempt to interfere with the proper functioning of our Site or any transactions being offered at our Site;
d) Take any action that imposes an unnecessary or unduly large load on our website infrastructure;
e) Use our Site to collect or harvest personal information, including, without limitation, financial information, about other participants at our Site;
f) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
g) Post any misleading, fraudulent, defamatory, obscene or otherwise illegal information on our Site. You agree not to use our Services for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to our Site; and
h) Decompile, reverse engineer or otherwise translate such software on our Site.

6 Intellectual Property

a) All information and material including data, images, text and audio available on our Site, via our Direct Service and relating to our Services is the property of Diverse Finance and/or its licensors and is subject to copyright.
b) All trade marks visible on our Site and via our Direct Service are the property of Diverse Finance and/or its licensors.
c) You are entitled to view, copy and print any documents from our Site but only for your own internal business purposes.
d) Any sale, transmission or redistribution of our Site or its content, and any copying, modification or other use of our Site or its contents for any purposes other than your own internal business purposes, are strictly prohibited.

7 Software on our Site

a) All software used on our Site is the property of Diverse Finance or its suppliers.
b) Diverse Finance hereby grants you a non-exclusive, royalty-free, non-transferable, revocable licence to use software it owns solely for the purposes of this agreement.

8 No Warranties

a) Our Services and all information relating to them are provided on an "as is" basis from Diverse Finance.
b) Diverse Finance make no representations or warranties of any kind, express or implied, relating to this agreement, the performance under this agreement, the availability of our Site, the services available to you, the operation of the software available on our Site, the operation of our Direct Service, the Offers In Principle delivered from Lenders to Clients , the transactions performed on our Site or as a result of quotes or other information obtained from this Site, or the information and/or content on our Site.
c) To the extent permissible by applicable law, Diverse Finance disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.
d) Without limiting the foregoing, Diverse Finance does not make any warranty that (i) our Services offered either on our Site or via our Direct Service will meet your requirements, (ii) our Services will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of our Services will be accurate or reliable, (iv) the content or information available on our Site is complete, accurate or available, or (v) the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
e) No advice or information, whether oral or written, obtained by you from Diverse Finance or through this Site or through our Direct Service shall create any warranty not expressly made herein.

9 Limited Liability

a) Diverse Finance and its shareholders and affiliates shall not be liable for any loss of business, loss of use or of data, interruption of business, lost profits or goodwill, or indirect, special, incidental, exemplary or consequential damages of any kind arising out of this agreement, even if they have been advised of the possibility of such loss and whether or not they had any knowledge, actual or constructive, that such damages might be incurred.
b) This exclusion includes, without limitation, any liability that may arise out of third-party claims against you.
c) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

10 General

a) Our Services are created and controlled by Diverse Finance in the United Kingdom. This agreement is subject to the laws of England and Wales, and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.
b) Diverse Finance reserves the right to remove any material from our Site or to suspend or alter the operation of our Services, at our sole discretion and for any reason, including for legal or technical reasons.
c) Diverse Finance may make improvements or changes to the information or documents provided on our Site or through our Direct Service at any time.
d) You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services.
e) You should not rely upon any content as a recommendation by Diverse Finance of the goods or services available on our Site or through our Direct Service.
f) You are responsible for obtaining your own professional advice before purchasing any of our Services, or entering into any legally binding agreement.
g) Diverse Finance reserves the right to add to or change the Terms and Conditions in its sole discretion without your prior consent.
h) If any parts of the Terms and Conditions are held by a court of England and Wales to be unenforceable, the validity of the remainder of these Terms will not be affected.
i) These Terms and Conditions, the Privacy Policy and your Terms of Engagement together form the Entire Agreement between us relating to our Services
j) Your use of the internet is solely at your risk and subject to all applicable laws. Diverse Finance has no responsibility for any information, software, services or other materials accessed or obtained by you using the internet. Diverse Finance does not assume any liability for you accessing the internet.
k) These Terms do not affect any consumer rights that you may have under the provisions of any applicable law or regulation.
l) You are not permitted to assign any of your rights under this agreement without our prior written consent, and you may not issue press releases or make any public statement regarding your use of our Services without our prior written consent.
m) You and Diverse Finance are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Diverse Finance is intended or created by this agreement.

11 Termination

a) In addition to our other rights under this agreement, you agree that we may, in our sole discretion, deny you access to our Services, and disable any application reference, tracking reference, user name and password associated with you for any reason including without limitation if we believe in our sole discretion that you have breached or acted contrary to the letter or spirit of this agreement.
b) Notwithstanding termination of this agreement, paragraphs 3 (Payment of Fees), 8 (No Warranties), 9 (Limited Liability),) 10 (Genera)l 11 (Termination) and 12 (Indemnity), shall survive its termination and shall continue in full force and effect.

12 Indemnity

You shall indemnify, defend, and hold harmless Diverse Finance and its shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including legal and accounting fees) that they may sustain or incur arising from
a) Your use of the software available at ourSite
b) Your failure to comply with any applicable laws and regulations or to obtain any licences or approvals from the appropriate government agencies necessary to purchase our Services
c) Your use of the content available on our Site or through our Direct Services in any way contrary to this agreement
d) Your breach of any of your representations, warranties or obligations set forth in this agreement
e) Any taxes attributable to our Services or due on the purchase of our Services
f) Any dispute between you and a Lender arising out of a transaction initiated on our Site or through our Direct Service
g) Any alleged errors or omissions or misrepresentations in the information provided by you to Diverse Finance hereunder or in the listings of services on our Site. You agree not to settle any action, claim or demand on our behalf without our prior written consent. Diverse Finance shall have the right to conduct any litigation, with counsel of its choice, at your expense.

copyright © 2005 Diverse Finance Ltd. All Rights Reserved.