Last Updated: February 2018
Please read this Agreement carefully before purchasing a product using the Divido Services.
These Terms and Conditions are supplemental to The Rose Gallery’s Retail Terms and Conditions which will also apply to any product bought from The Rose Gallery through the 0% Finance scheme.Please note The Rose Gallery's 0% Finance option is only available for UK purchases.
This End User Agreement (“Agreement”) is a legal agreement between you and Divido Financial Services Limited of Office 7, 35-37 Ludgate Hill, London EC4M 7JN, United Kingdom (“Divido”, “we”, “us” or “our”). This Agreement sets out the terms and conditions of:
- financing services offered by Divido using the Divido Platform (as defined below), together with Merchants and Lenders (as defined below) (the “Divido Services”); and
- your access to and use of the website divido.com which is operated by Divido (“Website”) including all content, services and products available at or through the Website.
Divido Financial Services Ltd is authorised and regulated by the Financial Conduct Authority, Permission Number 628253.
Divido provides an online platform which allows consumers, Merchants and Lenders (as defined below) to connect at the point of purchase.
You are purchasing the Product (as defined below) from the Merchant, not Divido. We do not accept or take any money from you in relation to this purchase. Please refer to the Merchant for details of any terms or conditions applying to this purchase, including your statutory right to cancellation and a refund.
You are receiving finance from the Lender, not Divido. Please refer to the consumer finance agreement with the Lender for terms and conditions of your borrowing and repayment.
If you have any questions or if you have any complaints, please email us at firstname.lastname@example.org or call us on 020 3773 9510.
For the purposes of this Agreement, unless stated otherwise, the following words shall have the following meanings:
Shall mean the microsite of Divido within the Merchant’s website, the microsite of Divido within the sales computers or other browsing computers, including tablets, at the Merchant’s premises, and other sales channels which allow the Merchant and Divido to communicate from time to time, including telephone.
"Intellectual Property Rights"
Patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Shall mean the lender(s) Divido is affiliated with and which provides finance to you for the purchase of a Product.
Shall mean the merchant(s) Divido is affiliated with and from which you purchase the Product.
Shall mean the product you purchase from the Merchant using the Divido Services.
2.1. By accessing the Website and/or submitting an application for the Divido Services, you agree to comply with the terms and conditions of this Agreement.
2.2. The terms of this Agreement extend to any future updates or supplements to the Website or the Divido Services, unless they come with separate terms, in which case those terms apply.
2.3. You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you provide using the Divido Platform or the Website may be read or intercepted by others, even if there is a notice that a particular transmission is encrypted.
3. DIVIDO SERVICES
3.1. Divido shall, subject to the terms and conditions set forth in the Agreement, provide you with the Divido Services.
3.2. To be eligible for the Divido Services, you must:
a) Be 18 years of age or over;
b) Be a permanent resident in the United Kingdom;
c) Be employed to work at least 16 hours a week, or be in receipt of a private or company pension; and
d) Have a good credit history with no late payments, debt relief orders, CCJ’s, IVA’s or bankruptcies.
3.3 To apply for the Divido Services, you must:
a) Choose a Product for purchase from the Merchant;
b) Using the Divido Platform, select your deposit amount and preferred period for repayment within the limits prescribed by Divido;
c) Using the Divido Platform, provide personal information for use in conducting credit checks, including your name, date of birth, billing and mailing address, email address, telephone number, bank details and employment information;
d) Using the Divido Platform, provide personal information for use in conducting identity checks, including your driver’s licence, passport and/or credit card details; and
e) Provide all other information and tick all boxes prompted on the Divido Platform.
3.4. Where you access the Divido Platform via telephone, you may be required to send Divido copies of your information in 3.3 d).
3.5. Upon receipt of your application for Divido Services, Divido shall:
a) Conduct, or arrange for a credit agency to conduct, credit checks using the personal data you have provided to the Merchant;
b) Conduct, or arrange for another agency to conduct, identity checks;
c) Assess your application for the Divido Services based solely on the results of the credit and identity checks; and
d) Issue a decision to grant or deny your application for Divido Services.
3.6 The decision to grant an application for Divido Services and your credit limit is final and at the sole discretion of Divido.
3.7. Divido shall provide you with a user account which allows you to access all information regarding your use of the Divido Services, including payments made and yet to be paid to the Lender on the Website, and allows Divido to populate forms with your information on record for future purchases.
4. YOUR OBLIGATIONS
a) Only use the Divido Services for personal purposes;
b) Treat your user name and password, or any other piece of information used as part of our security procedures, confidential and must not disclose such information to any third parties;
c) Promptly notify us if you know or suspect that anyone other than you knows the information in clause 4. b) at email@example.com;
d) Provide accurate and up-to-date information at all times when using the Divido Platform and/or the Website;
e) Promptly notify Divido of any changes to information in your user account;
f) Comply with all terms and conditions relating to the sale of the Product with the Merchant; and
g) Comply with all terms and conditions relating to the financing of your Product by the Lender.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. All Intellectual Property Rights relating to the Divido Services, the Divido Platform, the Website and any related services and/or materials provided by Divido to you or accessed by you under the Agreement shall be owned by Divido. All such rights are reserved.
5.2. You may print off one copy, and may download extracts, of webpages from the Website for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of such Intellectual Property Rights must always be acknowledged.
6. DATA PROTECTION
6.1. For the purpose of the Data Protection Act 1998, Divido is the data controller of your personal data used in connection with the Divido Services.
7. NO RELIANCE ON INFORMATION
7.1. The content on the Website and other information which is displayed or provided to you when using the Divido Service is provided for general information only. It is not intended to amount to advice, including financial 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 Website or other information displayed to you when using the Divido Service.
7.2. Although we make reasonable efforts to update the information on our Website and otherwise provided to you in relation to the Divido Service, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website or in documents provided to you in relation to the Divido Service are accurate, complete or up-to-date.
8. NO WARRANTIES
8.1. To the maximum extent permitted by law, the Website and the Divido Service are provided “as is” and “as available”. While Divido endeavours to provide the best service it can, Divido hereby disclaims all warranties of any kind, whether express, implied or otherwise, including, without limitation, the warranties of fitness for a particular purpose and non-infringement. Divido does not warrant that the Website or the Divido Service will be complete, accurate, reliable, timely, secure, error free or that access thereto will be continuous or uninterrupted. You understand that you are using the Website and the Divido Service at your own discretion and risk.
8.2. We do not warrant that the provision of the Website and the Divido Service complies with the laws of any country apart from England.
8.3. The provisions in this clause do not affect your statutory or mandatory rights which cannot be excluded by applicable law.
9. THIRD PARTY SITES
The Website may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
10. GENERAL REPRESENTATIONS AND WARRANTIES
You represent and warrant that your use of the Website and the Divido Service will be in strict accordance with the Agreement. In particular, you represent and warrant that:
a) You will comply with the Agreement at all times;
b) You will provide us and/or the Merchant with accurate and up-to-date information (where required);
c) You will not use the Website or the Divido Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Website or the Divido Service;
d) You will not infringe our intellectual property rights or those of any third party in relation to your use of the Divido Service;
e) You will not do any of the following in relation to your use of the Divido Service:
i. Disclose the name, address, telephone number, e-mail address or any other personal data in respect of any individual without their consent,
ii. Be likely to mislead or deceive any person, or
iii. Impersonate any person, or misrepresent your identity or affiliation with any person;
f) You will not use the Website or the Divido Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
g) You will not collect or harvest any information or data from any content or our systems or attempt to decipher any transmissions to or from the servers running the Divido Service.
11. LIMITATION OF LIABILITY
11.1. Nothing in this Agreement limits or excludes Divido’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation or any other liability than cannot be excluded under law.
11.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or the Divido Services, whether express or implied.
11.3. Divido will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
a) Use of, or inability to use, the Website;
b) Use of, or reliance on, any content displayed on the Website;
c) Rejection of your application for the Divido Services;
d) Any breach by the Merchant, including any failure or fault in the Product purchased from the Merchant, including a failure to deliver or delay in delivery of the Product; and
e) Any breach by the Lender, including failure to make payment to the Merchant.
11.4. Divido shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for indirect, consequential or special loss, loss of profit, loss sales or business opportunity, loss of agreements or contracts, loss of anticipated savings and loss of or damage to goodwill arising under or in connection with this Agreement.
11.5. In addition, Divido will not be liable for any loss or damage caused by:
a) 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 the Website or to your downloading of any content on it, or any websites linked to it; and
b) Any failure or delay in providing the Website or the Divido Service to you due to matters beyond its reasonable control.
11.6. Divido’s total liability to you under or in connection with this Agreement shall be limited to £100.
12.1. Divido may terminate this Agreement and suspend your use of or access to all or any part of the Website or the Divido Service immediately by contacting you at your email address on record if:
a) You commit a breach of the Agreement, as determined by us in our discretion, or we suspect that may be the case;
b) The Lender terminates its agreement with you;
c) We consider termination necessary to protect the integrity or security of the systems used by us at any time;
d) You 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
e) You apply for bankruptcy or become subject of a bankruptcy petition or order.
12.2. On termination of the Agreement, all rights granted to you under the Agreement shall cease and you must immediately cease all activities authorised by the Agreement, including your use of the Divido Service.
12.3. Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination of this Agreement shall remain in full force and effect.
12.4.Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.
13. ENTIRE AGREEMENT
13.1. This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
13.2. Nothing in this Agreement affects the liabilities, rights and obligations of you, the Merchant and the Lender under the applicable terms between you and the Merchant and you and the Lender.
If Divido fails to insist that you perform any of your obligations under this Agreement, or if Divido does not enforce its rights against you, or if Divido delay in doing so, that will not mean that Divido has waived its rights against you and will not mean that you do not have to comply with those obligations. If Divido does waive a default by you, it will only do so in writing, and that will not mean that Divido will automatically waive any later default by you.
15. ASSIGNMENT AND OTHER DEALINGS
15.1. You may not assign, transfer or deal in any other manner with any or all of your rights under this Agreement without the prior written consent of the Divido.
15.2. Divido may at any time assign, transfer or deal in any other manner with any or all of its rights under this Agreement, provided that it gives prior written notice of such dealing to you and such dealing will not materially affect your rights under this Agreement or the obligations owed to you under this Agreement.
Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
We reserve the right to change the Agreement at any time for any reason. Any changes we may make to the Agreement in the future will be notified to you by email in advance.
18. THIRD PARTY RIGHTS
This Agreement is between you and Divido. No other person shall have any rights to enforce any of its terms.
19. GOVERNING LAW AND JURISDICTION
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and you agree that the courts of England and Wales shall have exclusive jurisdiction over such disputes or claims.