These terms and conditions cover the use of the Marsden Online Mortgage Transfer Service. You are also bound by the Mortgage Conditions 2007 and Tariff of Charges, all of which are available to download from our website.
In these conditions, unless the context requires otherwise:
“Activation Key” refers to the code you will receive in your mortgage transfer letter. You will need it each time you access the transfer service;
“Agreement” means the Marsden Online Mortgage Transfer Service terms and conditions;
“Online Mortgage Transfer Service” “Mortgage Transfer Service” and “service” means the service we provide to allow you to transfer your mortgage to a new Marsden product;
“Security information” and “Security details” means the data needed to access the Online Mortgage Transfer Service;
“Society” “we” “us” and “our” refers to Marsden Building Society;
“you” and “your” means the customer who registers to use the Online Mortgage Transfer Service.
2. Who is eligible to use the Online Mortgage Transfer Service?
2.1 The Online Mortgage Transfer Service is available to mortgage customers whose existing mortgage product with the Marsden is due to expire.
3. Joint accounts
3.1 It is deemed that any instruction actioned via the Marsden Online Mortgage Transfer Service for joint accounts has been done so with the consent of all mortgage parties.
4. Marsden Online Mortgage Transfer Service availability
4.1 Whilst it is designed to be used with a range of internet browsers and equipment, it is your responsibility to provide compatible equipment with which to access the service and take all reasonable steps to keep it free from viruses and other malicious software.
4.2 The Online Mortgage Transfer Service is intended to be available 24 hours a day, 7 days a week whilst you are in the process of reviewing the existing borrower products available to you. Marsden Building Society cannot warrant that this site is free from technical defects or viruses and will not be responsible for any technical problems arising from the site.
4.3 Marsden Building Society shall, at all times, own the copyright and any other rights to the material on this website. You are not permitted to download, reproduce, store or transmit any information on this website other than for your own personal use.
5.1 We will send you an Activation Key to access the Online Mortgage Transfer Service via post. You must not disclose the Activation Key to anyone.
5.2 Once you have activated the service, you will need your mortgage account number and postcode for the property to log on. Please do not share this security information with a third party.
5.3 “Security details” means the information, processes or security procedures we ask you to provide to use the Online Mortgage Transfer Service. You must keep your security details secret. You must:
(a) Not disclose your security details to anyone else, write them down or otherwise record them in a form that would be recognisable to anyone else;
(b) Take all reasonable care to ensure that no-one sees your security details when you use them;
(c) Not allow anyone else to use any of the computer or electronic equipment you use to access the Online Mortgage Transfer Service without taking suitable precautions;
(d) Ensure you have fully logged off from the service when you are not using it;
(e) Follow any instructions we give you from time to time regarding the safe keeping and use of security details or other matters relating to the security of your account.
5.4 You must notify us as soon as possible by calling 01282 440500* or emailing firstname.lastname@example.org if you discover or suspect that;
(a) Someone else knows your security details;
(b) Someone else (other than a joint party to the mortgage) is trying to access your account.
5.5 If you give us notice under Condition 5.4 or if we reasonably believe it is necessary in order to protect either your security details or your account, we may suspend the use of your security details as a means of accessing your account. As soon as the reason for the suspension has ended, we will either remove the suspension or arrange for the transaction to be completed offline.
5.6 In the event of a dispute regarding whether or not you originated an existing borrower product transfer through our Online Mortgage Transfer Service, you agree to co-operate with us, the policy and/or our insurers in any investigations.
5.7 We cannot guarantee that information passing over the internet will remain confidential or will not be interfered with or disrupted and your use of the Online Mortgage Transfer Service will indicate your understanding and acceptance of this risk.
5.8 If you fail to provide the correct security details, it may be necessary for the transfer to be completed offline.
5.9 We shall be entitled to terminate or suspend the Online Mortgage Transfer Service to you if we have reasonable ground to believe that you have attempted to gain access to our programmes, or to accounts of other members, or have attempted to introduce viruses into our services.
6. Liability for loss
6.1 We will not be liable to you for any loss of damage whatsoever if:
(a) We are unable to act on your instructions because of something we cannot reasonably control such as failure or disruption of the internet through no fault of ours.
(b) We need to suspend access to our website for maintenance, technical or security reasons.
7.1 You will be deregistered from the platform once your existing borrower transfer has completed or after the period the offer was available has expired.
8.1 We currently make no charge for using our Online Mortgage Transfer Service but we do reserve the right to introduce and/or vary a charge in the future.
9. Changes to terms and conditions
9.1 The existing borrower products offered to you are available for a limited time and will expire (please refer to your illustration offer). If you wish to complete after the expiry date, please contact us as soon as possible on 01282 440500* so we can discuss the options available. Please note the products notified to you may no longer be available once the offer period has expired.
10. Email communication
10.1 By providing your email address you agree to us sending you information regarding your mortgage, specifically in relation to the transfer and any changes to the Online Mortgage Transfer Service terms and conditions.
11.1 Each of the provisions of this Agreement is severable from the others and if at any time any one, or more, of such provisions becomes illegal, invalid or unenforceable, this will not impair or affect the legality validity or enforceability of the remaining provisions.
12. Law and jurisdiction
12.1 This Service Agreement and the relationship between you and us shall be governed and construed in accordance with the laws of England and Wales.