Terms and Conditions

Terms and Conditions for using the Santiago SME Finance website:

1. Definitions

1.1 The terms “we”, “us”, or “our” refer to Santiago SME Finance DAC.
1.2 The terms “you” and “your” means you, the person accessing this Site.
1.3 “Data Content Standards” means the standards set out at Section 4.
1.4 “Lender” or “Santiago” means Santiago SME Finance DAC, registered in Republic of Ireland with CRO number 725281 and registered office at 34/35 Mount Street Upper, Dublin 2.
1.5 “Privacy Policy” means Santiago’s privacy policy which is set out here: https://santiagosme.ie/privacypolicy
1.6 “Prohibited Uses” means the uses set out at Section 3 and “Prohibited Use” means any one of those uses;
1.7 “Section” or “Clause” means a section or clause of these Terms and Conditions;
1.8 “Site”, “Website” or “Santiago SME Website” mean this website accessible at the URL: santiagosme.ie
1.9 “Terms and Conditions” means the terms and conditions set out below.

Access to this Website and the use of the information contained on it is subject to these Terms and Conditions. Please read these Terms and Conditions. By using the Site, you will be deemed to have accepted them. If you do not agree to these Terms and Conditions, please halt the usage of the Website.

Santiago may revise these Terms and Conditions at any time. You agree to visit this page periodically to review the Terms and Conditions.

2. Access to our Site 

3. Prohibited Uses

3.1 You must not use our Site:

1. For any illegal or improper use or in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
2. To distribute, send, knowingly receive, upload, download use or re-use any material which does not comply with the Data Content Standards in Section 4;
3. To harvest or to transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any spam material or to collect information about others, including e-mail addresses without consent of the individuals concerned;
4. 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 programmes designed to adversely affect the operation of any computer software or hardware;
5. To reproduce, duplicate, copy or re-sell any part of our Site.

3.2 You must not attempt to gain unauthorised access to our Site, the server on which the Site is stored, or any server, computer or database connected to our Site.

3.3 By breaching the provisions of this Section (specifically 3.1.1, 3.1.2, 3.1.5 and 3.2), you will commit a criminal offence under the Criminal Justice (Offences Relating to Information Systems) Act 2017 (as may be amended from time to time). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

3.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

4. Data Content Standards

These Data Content Standards apply to any and all material which you contribute to our Site.

4.1 The data/information contributions must:

1. Be accurate;
2. Be genuinely held; and
3. Comply with applicable law in the Republic of Ireland and in country from which they are posted.

4.2 The data/information contributions must not:

1. Contain any material which is defamatory of any person;
2. Contain any material which is obscene, offensive, hateful or inflammatory;
3. Promote sexually explicit material;
4. Promote violence;
5. Promote discrimination based on race/ethnicity, civil/marital status, family status, gender, religion, disability, sexual orientation or age;
6. infringe any copyright, database right or trademark of any other person;
7. be likely to deceive any person;
8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
9. promote any illegal activity;
10. be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
11. be likely to harass, upset, embarrass, alarm or annoy any other person;
12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
13. give the impression that they emanate from us, if this is not the case;
14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

5. Materials and information on the Website

5.1 The information or content contained on this Site must not be construed as an offer or solicitation of any product or service by us.

5.2 All copyrights, trademarks, patents, design rights, and other intellectual property rights relating to our Site and the materials published on it (including, but not limited to, the underlying software, the design, graphics, layout, feel, and structure of our Site) are and will remain our sole property. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

5.3 All products and services offered by us are subject to these Terms and Conditions, which include legal and regulatory restrictions which are set out in detail in the documentation applicable to that product or service and which should have been read in detail before entering into any agreement for the product or service.

5.4 You may view, use, download, print off, copy and store the material on this Site for personal use only and you may draw the attention of others within your organisation to material posted on our Site. Commercial use is not permitted unless you have obtained a licence to use materials on our Site for commercial purposes. Redistributing, republishing, copying, adapting the paper or digital copies of any materials you have printed off or downloaded in any way or otherwise making material on this Site available to third parties is prohibited. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

5.5 If you print off, copy, or download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5.6 No rights are granted in respect of any trademarks, including graphics, logos, icons, or words contained on this Site. Unauthorised use of the contents of this Site may infringe or violate copyright, trademark and other laws.

6. Our Accountability

6.1 You are responsible for any decisions you take based on the information provided on the Site and commentary and other materials on our Site are not intended to amount to advice on which reliance should be placed. You should consult your professional advisers before taking any action based on the content of our Site. We disclaim all responsibility and liability, as far as legally permitted, for any loss, directly or indirectly, arising from using or relying on information or links included in this Site.

6.2 The Site may contain links to other sites or third-party websites. They are provided for your information only and solely as a convenience to you. The contents of those sites or resources are outside our control and are not covered by these Terms and Conditions. If you access other sites using the links provided, we are not responsible for the content of the linked sites and we do not make any representations or warranties regarding the content or accuracy of materials on such sites.  If you decide to access the linked sites, you do so at your own risk and in accordance with the prevailing terms and conditions of such sites.

6.3 You are advised that information transmitted by e-mail over the internet may not be secure, remain confidential or be delivered correctly. E-mail may also be corrupted and is liable to interference from third parties. We are not accountable, liable or responsible for the accuracy or reliability of messages sent or received by email over the internet in connection with this Site.

6.4 The material displayed on our Site is provided without any representations, guarantees, conditions or warranties as to its accuracy, completeness or that the content is up to date. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

6.4.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

6.4.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including but not limited to:

1. loss of income or revenue;
2. loss of business, loss of business opportunity or other economic loss;
3. loss of profits or contracts;
4. loss of anticipated savings;
5. loss or corruption of data;
6. loss of goodwill;
7. business interruption, wasted management or office time; and in all the above cases, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

6.5 These Terms and Conditions do not exclude our liability (if any) to you for personal injury or death resulting from our negligence, or our liability for fraud, nor any other liability which cannot be excluded or limited under applicable law and do not affect your statutory rights.

6.6 You agree to indemnify and hold us harmless, without limitation, against any and all claims, loss, damage, liability, costs or expenses suffered or incurred by us related to or arising as a result of any infringement or breach by you of our Site’s Terms and Conditions.

7. Your Accountability 

7.1 You shall compensate us in full if we incur any losses or if any claims or legal proceedings are brought or threatened against us by any other person arising from your use of our Website, as well as any information uploaded by you on our Site.

7.2 You agree to indemnify and hold us harmless from any liability, loss, claim, and expense (including reasonable legal fees) related to any breach by you of these terms and conditions or arising from your use of our Site, including any information uploaded by you on our Site.

7.3 You agree to provide complete and accurate registration information, including but not limited to your correct name, date of birth, email address and current home address. Should any of your registration information change, you agree to inform us promptly of these changes.

8. Uploading to our Site

8.1 Whenever you upload material to our Site, or to make contact with other users of our Site, you must comply with the Data Content Standards set out in Section 4. You guarantee that any such contribution does not comply with those standards, and you indemnify us for any breach of that guarantee.

8.2 We have the right to remove any material or posting you make on our Site if, in our opinion, such material does not comply with the Data Content Standards set out in Section 4.

8.4 We are entitled to assume that all correspondence, orders, transfers, and instructions made by reference to your email address and password are made by you. In the case where you have authorised an employee, other individual or organisation to use your account, you are responsible for any activity that has been processed on your account. You agree to inform us at once by email and by telephone if you believe that any of your account information is being misused by a different person so that we may suspend the account.

8.5 You shall retain ownership and copyright of all data you upload or submit on our Site. We may use this information as we see fit, which may involve copying, distributing, or transmitting this information. You agree to provide us with an international exclusive, royalty-free, non-terminable rights to the data. Please refer to our Privacy Policy on the uses of your information.

8.6 www.santiagosme.ie is the URL of the Site and any other URL which we may migrate to or utilise in the future.

9. Backlinks to our Site

9.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

9.2 We reserve the absolute right to refuse to consent to such links without giving reasons.

9.3 You must not establish a link from any website that is not owned by you.

9.4 Any links to this Site from another website must be presented in such a manner that our Site must not be framed nor may you create a link to any part of our Site other than the home page.

10. Open Banking

10.1 When you create an account with us, you will have the ability to link your bank account. By consenting to link you bank account, we will receive details of all transactions on that bank account for the last 5 years. A consent token will be generated upon linking which will be valid for a period of 90 days. The consent token will be stored with us, and we will have ongoing access to the data. You will be able to revoke our access at any time by logging into your account or by contact your bank.

10.2 To link your bank account, you will be directed to a secure webpage hosted by your bank, at which point you will be prompted to enter your online banking credentials. It is your responsibility to ensure that your online banking credentials are kept safe and confidential, and you should contact your bank directly if you believe that they have been compromised or disclosed in any way.

10.3 We require Open Banking access to your bank account if the loan is live with us. You may write to us requesting the deletion or removal of the access.

11. Privacy

11.1 By accessing this Site you agree to our Privacy Policy.

12. Complaints

12.1 We try to provide a friendly and hassle-free service to our customers, and it is our policy to ensure that all your concerns are dealt with fairly and promptly. If you have any complaints, please write to us at info@santiagosme.ie or Santiago SME Finance DAC, 34/35 Mount Street Upper, Dublin 2.

For Merchant Cash Advance Terms and Conditions, please click here: MCA Terms

For Term Loan Terms and Conditions, please click here: Term Loan Terms