Terms & Conditions | Agriculture Loans | UK Agricultural Finance

Your terms and conditions for accessing ukagriculturalfinance.com

References to ‘you’ or ‘your’ are references to any person accessing this website (‘site’).
References to ‘we’, ’us’ or ‘our’ are references to UK Agricultural Finance Ltd and its subsidiaries.

Site terms

These terms and conditions govern your use of this site and by accessing this site you agree to be bound by them. Please note that if you are an existing UKAF customer, these terms will apply in addition to those contained in your existing agreements. All UKAF products and services are also subject to separate terms and conditions which govern their use. We reserve the right to change these terms and conditions at any time without notice by updating this posting and your continued access to or use of this site will constitute your acceptance of any such changes.

These terms and conditions should be read alongside, and are in addition to, our privacy and cookie policy, with each as amended from time to time (the ‘Terms’).

You warrant to us that all information provided to us in the course of the lending process is true and accurate in all respects. You will update us if any of the information you provide to us changes.

Use of site

We may in our sole discretion terminate your access to or use of this site for any reason, including without limitation where we believe that you have not acted in accordance with the terms and conditions of this site.

The entire content of this site is subject to copyright with all rights reserved and the information held is for your personal use only. You may not download (all or in part), transmit or modify the site without our prior permission. However, you may print out part or all of the site for your own personal use.

We do not guarantee that the site, or any content on it, will be free from errors or omissions.

Privacy

You agree that any personal information you provide to us via this platform may be collected, stored, processed and used in accordance with our current privacy and cookie policy.

General terms

You agree to use the website only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else’s use and enjoyment of the platform.

You agree not to use the site or any information accessible on or obtained from it to canvass or solicit any person or entice any person away from us.

You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the platform is free from viruses and anything else which may have a contaminating or destructive effect on any part of the site or any other technology.

We accept no responsibility or liability for your use of content on the site and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses or other malicious programs on the site, we accept no liability for them if they do exist. It is your responsibility to use, update and maintain appropriate antivirus software on your computer.

Information transmitted via our systems will pass over public communication networks. We accept no liability if communications sent via the site are intercepted by third parties or incorrectly delivered.

Amendments

We may update the site from time to time. to comply with any laws or regulations or to meet our changing business requirements. We may make such changes without your specific agreement and we may not be able to give you advanced notice of such updates or amendments therefore any of the content on the site may be out of date at any given time, and we are under no obligation to update it.. By continuing to use the site, or our services, you agree to be bound by the terms of any updates and amendments implemented in accordance with this clause.

These terms and conditions were last updated on 20/03/2017.

Third party products and services

Where we provide hypertext links to third party internet websites, such links are not an endorsement by us of any products or services in such websites. You use such links entirely at your own risk and we accept no responsibility or liability for the content, use or availability of such websites. We have not verified the truth or accuracy of any content of such websites.

This site may also contain some material provided by third parties and we accept no responsibility or liability for the accuracy of such material.

No third party is permitted to link any other website to this site without obtaining our prior written consent.

No offer

Nothing on this site should be construed as a solicitation, advice, offer, or recommendation, to acquire or dispose of any investment or to engage in any other transaction, or to provide any investment advice or service.

Users

We may without creating any liability to you terminate your loan application or access to this site at any time and for any reason, including but not limited to if:

you breach any of the Terms;
you breach any loan contract;
we suspect that you have committed fraud, been involved in money laundering or other criminal activities;
you suspend, or threaten to suspend, payment of your debts, or are unable to pay your debts as they fall due or admit inability to pay your debts, or (being a company or LLP) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) have any partner to whom any of the foregoing apply;
you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with your creditors other than where these events take place for the sole purpose of a scheme for your solvent amalgamation with one or more other companies or your solvent reconstruction;
a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with your winding up, other than for the sole purpose of a scheme for your solvent amalgamation with one or more other companies or your solvent reconstruction;
an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over you;
a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;
you are the subject of a bankruptcy petition or order;
a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 10 business days;
any event occurs, or proceeding is taken, in any jurisdiction to which you are subject that has an effect equivalent or similar to any event mentioned in the above clauses;
you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under these terms and conditions has been placed in jeopardy;
(being an individual) you die or, by through illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation;
you use the site or any information accessible on or obtained from it for canvassing or soliciting any person or enticing any person away from us;
you use the UKAF platform in any of the following ways:
in any way that causes, or is likely to cause, the platform or access to it to be interrupted or damaged in any way;
for fraudulent purposes, or in connection with a criminal offence;
to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any ‘spam’; or,
to cause annoyance, inconvenience or needless anxiety.

Brokers

We may without creating any liability to you terminate any loan application you have with us or your access to this site at any time and for any reason, including but not limited to if:

you breach any of the Terms;
you act in any manner inconsistent with the National Association of Commercial Finance Brokers’ Code of Practice;
your FCA status changes adversely;
your Professional Indemnity insurance no longer meets our requirements as advised from time to time;
your Data Protection licence or practices no longer meets our requirements as advised from time to time;
we suspect that you have committed fraud, been involved in money laundering or other criminal activities;
you suspend, or threaten to suspend, payment of your debts, or are unable to pay your debts as they fall due or admit inability to pay your debts, or (being a company or LLP) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) have any partner to whom any of the foregoing apply;
you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with your creditors other than where these events take place for the sole purpose of a scheme for your solvent amalgamation with one or more other companies or your solvent reconstruction;
a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with your winding up, other than for the sole purpose of a scheme for your solvent amalgamation with one or more other companies or your solvent reconstruction;
an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over you;
a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;
you are the subject of a bankruptcy petition or order;
a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 10 business days;
any event occurs, or proceeding is taken, in any jurisdiction to which you are subject that has an effect equivalent or similar to any event mentioned in the above clauses;
you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under these terms and conditions has been placed in jeopardy;
you die or, by through illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation;
you use the site or any information accessible on or obtained from it for canvassing or soliciting any person or enticing any person away from us;
you use the UKAF platform in any of the following ways:
that cause, or is likely to cause, the platform or access to it to be interrupted or damaged in any way;
for fraudulent purposes, or in connection with a criminal offence;
to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any ‘spam’; or,
to cause annoyance, inconvenience or needless anxiety.

No warranty

Although we have taken reasonable care to ensure that the information provided on this site is accurate, we give no warranties of any kind, express or implied, regarding the accuracy, timeliness or completeness of any such information.

Opinions and any other contents at the site are provided by us for personal use and informational purposes only and are subject to change without notice.

Nothing contained on the site constitutes investment, legal, tax or other advice and is not to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision.

No liability

We accept no liability in any event including (without limitation) negligence for any damages or loss of any kind, including (without limitation) direct, indirect, incidental, special or consequential damages, expenses or losses arising out of, or in connection with your use or inability to use the site, or in connection with any error, omission, defect, computer virus or system failure, or loss of any profit, goodwill or reputation, even if expressly advised of the possibility of such loss or damages, arising out of or in connection with the access of, use of, performance of, browsing in or linking to other sites from this site.

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the site or any part of it, with or without notice, at any time. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the site.

Governing law

English law governs these terms and conditions and you agree that the English Courts shall have exclusive jurisdiction to determine any matter or dispute in connection with or arising out of this site and these terms and conditions.

This site is designed for use in the UK and is not directed to, nor intended for distribution or use by, any person or entity in any jurisdiction or country where the publication or availability of this Site or such distribution or use would be contrary to local law or regulation. If you choose to access information on this site, it is your responsibility to comply with the applicable local, national or international laws and any use of this site outside the UK is entirely at your own risk. For advice on your specific situation, please contact your legal adviser.

Nothing in this clause shall limit our right to take proceedings against a Borrower in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

The products and services represented within this site are intended for UK customers only.

A person who is not party to these terms and conditions shall not have any rights to enforce its terms.

If any of these terms and conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder shall continue in full force and effect.

We may, in whole or in part, release, compound, compromise, waive or postpone, in our absolute discretion, any liability owed to us or right granted to us in these terms and conditions without in any way prejudicing or affecting our rights in respect of that or any other liability or right not so released, compounded, compromised, waived or postponed. A waiver of any right is only effective if it is in writing and shall not been deemed to be a waiver of any subsequent breach or default.

No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise.

Contacting us

Should you have any questions about these terms and conditions, or wish to contact us for any reason whatsoever, please contact us on the UK Agricultural Finance website www.ukagriculturalfinance.com.