TERMS AND CONDITIONS

1. Giving your consent- By signing this credit agreement you are agreeing that we may use your information in the way described in these Terms and Conditions and the Your Information notice accompanying this agreement and you confirm (i) having received a copy of this agreement; (ii) that all the information provided in connection with your application for the Loan is true and accurate; and (iii) that we may make any enquiries we deem necessary to confirm the accuracy of the information provided and for the purpose of credit assessment.
2. Where there are more than one of you references to you means any one or more of you as the context may require and each of you is separately responsible for performing all of your obligations under this Agreement. This is known as "joint and several liability".
3. You agree to pay us the Instalment Repayments on their due dates and (if you break any of the conditions of this agreement) the Charges on Default.
4. You authorise us to debit the Instalment Repayments and (if applicable) the Charges on Default from the Service Account.
5. Any payments you make are allocated as follows: first to pay off any arrears, then to reduce the amount owed on the Loan account and finally to pay off any costs, expenses and charges due.
6. If: -
   1. You fail to make an Instalment Repayment within one month of its due date; or
   2. Any information about you which you provided proves incomplete or inaccurate; or
   3. You die or become insolvent or steps are taken by you or against you for your bankruptcy or any proposal is made for an arrangement or composition with or for the benefit of your creditors; or
   4. Any procedure is used against you to attach or take possession of your property for payment of a debt; or
   5. You use the Loan for a purpose not detailed in section 1(A); then we shall be entitled after the expiry of proper notice to demand immediate payment of the Loan plus interest and Charges on Default less (on payment) any applicable rebate.
7. Notwithstanding the terms of any security which we hold or may in the future hold, the sums due under this Agreement are unsecured, except for rights arising by operation of law.
8. If we do not enforce any condition of this agreement, or we delay in enforcing the condition, this will not prevent us from enforcing the condition at a later date.
9. By signing this agreement you authorise us to drawdown the Loan by crediting the cash loan proceeds to the Destination Account.
10. You must sign and return this agreement within 25 days of the date of our signature. The agreement will be made only when we have received the agreement with your signature, we have verified any information you have supplied to us and completed our credit assessment. We will not be obliged to provide the Loan if at the time the Loan is to be drawn (a) we are satisfied that you have broken the terms of the agreement or (b) there has been a change in your financial circumstances, giving us reasonable grounds to believe that you may have difficulty in meeting your commitments.
11. We may allow another person to take over any of our rights and duties under this agreement and you authorise us to give that person any financial or other information. Your rights under this agreement will not be affected.
12. English law applies to this agreement unless your address is in Scotland where Scottish law will apply.
13. Communications between you and us will be in English. If you are not satisfied with our service in providing the Loan we have a complaint handling procedure that you can use to resolve such matters. For more information about this procedure you can get a leaflet giving details of the procedures from our address quoted on the agreement or by phoning us. We are a member of The Financial Ombudsman Service. If you are still not satisfied after following these procedures, you can ask the Ombudsman to review the complaint. Alternatively you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR or telephone 0845 080 1800.

YOUR INFORMATION

Who we are
Your account is with The Royal Bank of Scotland plc trading as Lombard Direct. We are a member of The Royal Bank of Scotland Group (the Group). For information about our Group of companies please visit www.rbs.com and click on "About Us", or for similar enquiries please telephone 0131 556 8555 or Minicom 0845 900 5960.

How we use your information and who we share it with
Your information comprises all the details we hold about you and your transactions, and includes information obtained from third parties.

We may use and share your information with other members of the Group to help us and them:

• assess financial and insurance risks;
• recover debt;
• prevent and detect crime;
• understand our customers' requirements;
• develop and test products and services.

We do not disclose your information to anyone outside the Group except:

• where we have your permission; or
• where we are required or permitted to do so by law; or
• to credit reference and fraud prevention agencies and other companies that provide a service to us or you; or
• where we may transfer rights and obligations under this agreement.

We may transfer your information to other countries on the basis that anyone to whom we pass it provides an adequate level of protection. However, such information may be accessed by law enforcement agencies and other authorities to prevent and detect crime and comply with legal obligations.

From time to time we may change the way we use your information. Where we believe you may not reasonably expect such a change we shall write to you. If you do not object to the change within 60 days, you consent to that change. If you would like a copy of the information we hold about you, please write to: The Data Protection Manager, Lombard Direct, 250 St Vincent Street, Glasgow, G2 5SH. A fee may be payable.

You agree to tell us straight away if you change your name or address, bank or building society, telephone number or email address or if you wish to change your chosen external account.

Credit reference agencies
We may make periodic searches at credit reference agencies and will provide information to the Group to manage and take decisions about your accounts. This may include information about how you manage your account including your account balance, credit limit and any arrears. We will also provide this information to credit reference agencies who may make this information available to other organisations so that they can take decisions about you, your associates and members of your household. The information may also be used for tracing purposes.

Fraud prevention agencies
If false or inaccurate information is provided and fraud is identified or suspected, details may be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering, for example when:

• checking applications for, and managing credit or other facilities and recovering debt;
• checking insurance proposals and claims;
• checking details of job applicants and employees.

We, and other organisations that may access and use information recorded by fraud prevention agencies, may do so from other countries.

We can provide the names and addresses of the credit reference and fraud prevention agencies we use if you would like a copy of your information held by them. Please contact Lombard Direct, 250 St Vincent Street, Glasgow, G2 5SH. The agencies may charge a fee.

REGULATORY INFORMATION
The Royal Bank of Scotland plc trading as Lombard Direct is authorised and regulated by the Financial Services Authority and is entered in the FSA's register and it's registration number is 121882. The FSA register can be accessed at www.fsa.gov.uk/register.

YOUR RIGHT TO CANCEL
You have a right under The Financial Services (Distance Marketing) Regulations 2004 to cancel this agreement once it is made. The period in which you can exercise the cancellation right in respect of the credit advanced to the customer is 14 calendar days, beginning on the day after we have advised you that the loan agreement is concluded between you and us. You can cancel by posting a letter confirming that you wish to cancel this agreement to Lombard Direct, Cyan Building, Adwick Park, Manvers, Rotherham, S63 5AD. You can also give the notice of cancellation by telephone by calling 0800 2 15000. Lines are open Monday to Friday 8am - 9pm, Saturday 9am - 7pm and Sunday 10am - 6pm. If you cancel this agreement you will still have to repay the whole amount advanced to you within a period not exceeding 30 calendar days, beginning on the day you exercise the cancellation right and we reserve the right to charge costs associated with cancellation, plus interest and costs, should you not repay the sums due within the specified 30 calendar days. If you do not exercise this cancellation right, the agreement entered into between us will be binding on you.