These Terms and Conditions

These Terms and Conditions set out the terms and conditions that apply to the services we offer through salaryfinance.com ("our website" or “site”) and the related platform (the “platform”) to help employees make deposits into their savings account (“Salary Finance Save”). Salary Finance Save may include a service where employees choose to make deposits up to a specified limit with any excess paid to their pension (“Jars”) if your Employer has chosen to participate in this Jars scheme. All provisions in these Terms and Conditions apply to Salary Finance Save, including Jars. The provisions in these Terms and Conditions indicated as applying only to Jars will apply to you if you have chosen to use the Jars service (and if your employer has chosen to participate in the Jars scheme).

These Terms and Conditions should be read with our Privacy Policy and Cookie Policy (together the "Terms").

Please read these Terms carefully before you apply for our products and/or services. When you create an account with Salary Finance, we will ask you to sign these Terms electronically by ticking a box and by doing so, you confirm that you agree to, and accept, all these Terms.

Availability of all of our products and/or services is within our sole discretion. Not all of our products and/or services are available to all users.

If you do not agree with these Terms, you must not apply for Salary Finance Save or Jars as applicable.

In these Terms, these terms have the following meanings:

• “Employer” means the entity that employs you;
• “YBS” means the Yorkshire Building Society; and
• “YBS Account” means the savings account that you set up with YBS to receive deductions you’ve requested to be made to your salary/earnings through Salary Finance Save.

We recommend that you print a copy of these Terms for future reference.

Date that these Terms were last revised: 31st April 2019

About Salary Finance

When we refer to “Salary Finance”, “we”, “our” or “us” in these Terms, we mean Salary Finance Limited and each of its group companies (including parent, subsidiary and joint venture undertakings).

Salary Finance Limited is registered as a small payment institution money remittance firm (firm reference number: 788485).

Salary Finance Limited is registered in England & Wales (company number: 09677777) at registered address Salary Finance, Scale Space, 58 Wood Lane, London, W12 7RZ.

Salary Finance Limited is registered with the Information Commissioner’s Office under number ZA152606.

Salary Deductions Consent

Where you have selected Salary Finance Save: You irrevocably agree that your Employer will, and you instruct your employer to, deduct your selected amounts from your salary (“Deductions”) on your pay day and transfer such sums to us on your behalf. Salary Finance is obtaining this agreement and instruction from you on behalf of your Employer.

Where you have selected Jars: You irrevocably agree that your Employer will, and you instruct your employer to, make Deductions on your pay day and:

• pay the Deductions to Salary Finance if the amount in your YBS Account is equal to or less than the Cap (as defined below), or if you do not have a pension; or
• pay the Deductions to your pension provider if the amount in your YBS Account exceeds the Cap.

Salary Finance will transfer the Deductions to your YBS Account. If we are not able to credit your YBS Account with the Deduction for any reason, we will contact you to request your bank account details so that we can pay that Deduction to you. It is your responsibility to provide us with correct bank account details. Errors in your bank account details, or failing to provide us with up-to-date details, may result in a delay in us transferring Deductions to you.

Salary Finance reserves the right (in its sole discretion) to suspend or terminate the availability of Salary Finance Save to you. Where possible, we will let you know in advance of stopping the services. In particular, your access to Salary Deduction for Salary Finance Save is dependent on your Employer and so this service may no longer be available to you if you cease your existing employment.

Eligibility

Salary Finance Save is only available to employees of Employers who have registered with us. If your Employer is not registered with us, you will not be able to make a Salary Finance account or apply for Salary Finance Save or our other products.

Our website is intended solely for users who are 18 years of age or older. By using our website, you represent and warrant that you are 18 years of age or older.

Salary Finance account registration

To apply for Salary Finance Save, you will be required to create a Salary Finance account. To create a Salary Finance account, you will be asked to provide certain personal information (as detailed in our Privacy Policy).

Your Employer must be registered as a participating employer. Your Employer may be registered for Salary Finance Save but not Jars. If your Employer is not registered for Jars, you will not be able to use the Jars service.

As part of the registration process, you agree to us processing your personal data, and us and your Employer sharing relevant information between each other to enable us to validate your employment and payroll details.

Further details about the personal data that we obtain from you (or from third parties, such as your Employer) and how we use such data are set out in our Privacy Policy.

If you have, or are in the process of applying for, any of our other products, this will not affect your application for those other products and visa-versa.

Accuracy of information

When creating a Salary Finance account or applying for a product on our website, you agree to provide current, complete and accurate information about yourself. If any information you provide is untrue, inaccurate, not current or incomplete, we may not make our products and/or services available to you and may terminate your Salary Finance account.

You must promptly notify us of any changes to your personal details from time to time.

In addition, you should keep your details (including bank account details) up-to-date on your YBS Account via YBS. Salary Finance shall not be responsible for updating your personal details on your YBS Account. Updating your personal details on your YBS Account will not automatically result in your details with Salary Finance being updated; you should notify us separately.

YBS

Once you have registered for a Salary Finance Account we will put you in touch with YBS so that you can open a YBS Account for your savings to be deposited.

Salary Finance are responsible for all salary deduction processes, and YBS are responsible for all banking and account activities related to your YBS Account.

This means Salary Finance is not responsible in any way for changes made to your YBS Account. These Terms do not govern the use of your YBS Account so please ensure you read and agree to YBS’ terms and conditions applicable to your YBS Account.

This agreement is between you and Salary Finance. Salary Finance provides technology to enable you to make deposits to your YBS Account directly from your earnings. Salary Finance accepts no responsibility for the acts or omissions of YBS, including any information provided by YBS, or for any other matters relating to your YBS Account, including any eligibility criteria or payment of interest.

Salary Finance is not responsible for the availability (or lack of availability) of the websites or services of YBS. Salary Finance takes no responsibility for any content that you may receive from YBS. In relation to your interaction with YBS, YBS’s terms will govern their relationship with you.

Savings amount

When you apply for Salary Finance Save, we will ask you to select an amount you would like to save into your YBS Account each month. We do not carry out affordability checks with respect to Salary Finance Save. It is solely your responsibility to (i) select your deduction amount for your paycycle, and (ii) ensure that the amount is feasible for you.

If you do not have enough money in your pay on pay day to cover all of your chosen amount for Salary Finance Save, nothing will be deducted.

You can change the amount you wish to save at any time, and the change will take effect in the next possible pay period, unless otherwise specified at the time.

If you notify us that you wish to pause or stop your salary deductions, we will seek to process this instruction by your next pay period (subject to your Employer’s payroll cut off dates and internal processes, which may delay the time it takes to cease your salary deductions).

If you have other Salary Finance products, deductions from your earnings shall be applied in the following order of priority from first to last: Advance, Borrow, Salary Deduction for HtS, Jars and Salary Finance Save.

All money received by us will be transferred to YBS as soon as practicably possible and in any event within one working day of receipt of funds from your Employer unless something unexpected occurs, in which case it may take longer than one day. Please note that we may receive funds from your Employer several days after they are deducted from your earnings and and so you may experience a delay in seeing these funds credited to your YBS Account. We will notify you on our website if we are aware that there will be a delay between your pay day and the day the date that funds will be credited to your YBS Account.

Additional terms applying to Jars

The provisions in this paragraph 9 will only apply to you if you are applying for Jars (if this service is available to you).

When you apply for Jars, we will ask you to select an amount you would like to save into your YBS Account (the “Cap”). Once the Cap is reached, Deductions will continue and your Employer will pay Deductions above the Cap into the pension you have in place with your Employer. We do not carry out affordability checks with respect to Jars. It is solely your responsibility to (i) select your Cap and your monthly deduction amount, (ii) ensure that the amount is feasible for you, (iii) ensure that the amount complies with any applicable rules of your pension and (iv) check your own personal tax position. Salary Finance is not providing any advice or recommendations about your pension; it purely provides a service to assist you to transfer amounts above the Cap to your employer so that it can be transferred to your pension.

When you apply for Jars, we will ask you if you would like to participate in a survey about your saving habits. The survey is run by the National Employment Savings Trust Corporation (“NEST”) in conjunction with the National Bureau of Economic Research (“NBER”). If you choose to participate in the survey, we will pass your details to NEST who will contact you with survey details. More information on what details we share is provided in our Privacy Policy.

These terms and our Privacy Policy do not govern how NEST or NBER will use your information so please ensure you review the terms and Privacy Policy provided by NEST.

Access to our website and your account

Our site is made available free of charge. However, we do not guarantee that our site, or any content on it, will always be available or be uninterrupted.

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

We may terminate, suspend, restrict or block your access to our website or your Salary Finance account if we reasonably think it is necessary or because we believe there is a legitimate reason to do so. Such reasons include, for example:

• the security of your account is at risk (for example, if you have not updated your internet browser to the latest release);
• we suspect unauthorised or fraudulent use of your account;
• to comply with any legal or regulatory requirement;
• you have given us false information about yourself;
• for any reason beyond our reasonable control, including (without limitation) where our website and/or platform becomes unavailable;
• for any actual or suspected breach of these Terms;
• for any actual or suspected criminal activity;
• for any actual or suspected misuse of, or damage to, our website; and
• an inactive Salary Finance account. A Salary Finance account becomes inactive when you have not accessed your Salary Finance account at least once in any 12-month period.

Where possible we will contact you before suspending, restricting or blocking your access to tell you that we are doing so and why. We may do this by displaying a message the next time you try to log on or perform an action on your account. However, we may not always be able to contact you, for example because of legal or regulatory restrictions, or because of unexpected interruptions to our service availability.

Closing your account

You may close your Salary Finance account or cancel an in-progress registration by notifying us via email. Following closure of your Salary Finance account, you will no longer be able to access your Salary Finance customer account portal and all Deductions will stop.

Following cancellation, we will continue to maintain records in line with our Privacy Policy.

Your YBS Account is separate to your Salary Finance account. Closing your Salary Finance account will not automatically result in the closure of your YBS Account. If you wish to close your YBS Account, you will need to do this by contacting YBS and in accordance with their terms and conditions. Likewise, if you close your YBS Account, this will not automatically result in the closure of your Salary Finance account.

Security

You are responsible for safeguarding your login details. You should not share them with anyone.

You must contact us immediately if you believe that your account has been compromised or if you believe that the security of your account is at risk.

By accepting these Terms, you expressly agree that you will not, and will not attempt to: (a) access data outside of the public aspects of our website or your Salary Finance customer account portal; (b) access any loan information or non-public personal information relating to any other user of the our website; (c) probe, scan or test the vulnerability of our website; or (d) interfere with or disrupt our website or any aspect therein, including, without limitation, via means of submitting a virus to our website or overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” our website. Violations of system or network security may result in civil or criminal liability.

Acceptable use of our website

You may use our site only for lawful purposes. You may not use our site:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

When we consider that a breach of these provisions has occurred, we may take such action as we deem appropriate.

This may result in us taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our site;
• issue of a warning to you;
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• further legal action against you; and
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

Communications

When you visit our website or send emails to us, you are communicating with us electronically. By accepting these Terms, you expressly consent to receive communications from us electronically to the extent permissible by law. Such electronic communications may include emails, messages posted to your Salary Finance customer account portal or other electronic communications. Your consent to receive electronic communications from us does not mean that we must provide all communications electronically.

It is your responsibility to provide us with current and accurate contact information. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.

Links

Our website may contain links to websites which are owned or controlled by parties other than Salary Finance (such as YBS and NEST). These links are provided for your convenience and do not imply that we have reviewed or condone the third-party sites, their content or their privacy policies.

When using other websites, you must be aware that any personal information you supply will be handled according to their privacy policies. We recommend that you read and consider these websites’ privacy policies and terms and conditions before providing any of your personal information. Salary Finance is not responsible for the privacy practices or content on third party websites.

We shall not be responsible for the content of any other sites that are linked to or from our website or our platform and we exclude all warranties and all liability for any loss or damage you incur as a result of your use of such sites.

Our liability

We do not limit or exclude our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation and any other liability that cannot be limited or excluded by English law.

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

While we take all reasonable precautions to keep the website and its server free from viruses, corrupt files and other malicious software, we cannot guarantee this. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it. You should ensure that you have appropriate anti-virus software installed on any computer or mobile devices that you use to access the website.

Calculators and tools on our website provide estimates, which may be different from the actual amounts.

We do not offer advice. If you are not sure about what is best for your own financial situation you might want to seek independent advice.

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purpose.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

We have no liability to you for any loss of data, loss of profit, loss of business, business interruption, or loss of business opportunity.

Your acts and compliance with the law

You are solely responsible for your acts and omissions in connection with your use of our website, and we will not be responsible or liable for any claim, action or liability that arises out of or is in any way connected with such acts or omissions. You agree to use our website in compliance with all applicable laws, and not to use our website for any fraudulent purposes.

Intellectual Property

All intellectual property in our site and our platform, and all rights in any information which appears on our site and our platform (including the screen displays, the content, the text, graphics and look and feel of the site and platform), belongs to us or our licensors. All trade marks, service marks, company names or logos are the property of their respective holders. Any use by you of these marks, names and logos may constitute an infringement of the holders' rights. We do not warrant that our site does not infringe any intellectual property rights of third parties

You may not reproduce, republish, transmit or distribute any material, information or content on our website, or that form part of our services, without our prior written consent. However, you are granted a limited right to access and use our website, platform and our services, and retrieve, display and print content pages, for your own personal, non-commercial use and to the extent necessary for use of our website, platform and our services only. We reserve the right, in our sole discretion and without notice to you, to terminate your licence and to prevent future access by you to our website.

Changes to these Terms

We may make changes to these Terms from time to time. If we do this, we will post the changed Terms on our website and will indicate at the top of this page the date the Terms were last revised. You understand and agree that your continued use of our website after we have made any such changes constitutes your acceptance of the new Terms.

We may make changes to our site

We may make changes to these Terms from time to time. If we do this, we will post the changed Terms on our website and will indicate at the top of this page the date the Terms were last revised. You understand and agree that your continued use of our website after we have made any such changes constitutes your acceptance of the new Terms.

No waiver

The waiver of a breach of or default under these Terms, or the failure or delay by Salary Finance to exercise any right in respect of any breach of or default under these Terms, shall in no event constitute a waiver of any other breach or default of these Terms, whether similar or dissimilar in nature, or operate as a waiver of any other right or remedy available to Salary Finance.

Severability

If any provision of these Terms is held invalid or unenforceable for any reason, the remainder of these Terms shall continue in full force and effect as if the invalid or unenforceable parts of these Terms have been severed from these Terms.

Complaints and feedback

We welcome all feedback and suggestions. Should you wish to provide feedback, please contact us by email at hello@salaryfinance.com.

We’re committed to providing the best service we can. If you’re not happy with your experience, please let us know so we can try to make it right – please see Complaints.

Third party rights

Your Employer may rely on and enforce against you the relevant parts of these Terms pursuant to which you give your consent or agreement to your employer in connection with your use of our services.

Except where it expressly states otherwise, these Terms do not give rise to any rights for any person except you or us under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

Notwithstanding that your Employer may rely on and enforce against you the relevant parts of these Terms, we may vary, waive, rescind or terminate these Terms (in each case) without your employer’s consent.

Governing law and jurisdiction

These Terms, including the privacy policy, shall be governed and construed in accordance with English law. Unless agreed otherwise, the courts of the part of the United Kingdom in which you reside shall have exclusive jurisdiction to determine the interpretation and application of these Terms if any dispute arises out of, or in connection with, these Terms.