In this Agreement and Declaration the words:

you and your means each person indicated in this application form as being an applicant and also (if there is more than one) all of them together (and includes that person's personal representatives),

Zurich Bank, we, us and our means Zurich Bank of La Touche House, IFSC, Dublin 1 Ireland (registered in Ireland as company number 223695) and anyone who at any time in the future is entitled (as legal or beneficial owner) to all or any of the creditor's rights under any Purchaser Document or Vendor Document (including as a result of a Transaction Transfer, a merger or consolidation with another person, a take-over and/or a group reorganisation),

Property means the property which you propose to purchase as briefly identified by you in the Application form,

Vendor means the person who proposes to sell and/or sells the Property to you,

Property Purchase Contract means the proposed contract between you and each Vendor for the sale by each Vendor and the purchase by you of the Property, and also means, if this is the case, the contract which is subsequently entered into between you and each Vendor for that purpose,

Guarantee means the property deposit guarantee which you are applying for us to issue in connection with the Property Purchase Contract and also means, if this is the case, the property deposit guarantee which is subsequently issued by us as a result of this application,

Application Information means the information provided to or received by us (whether or not by, or from and/or relating to you or any other person) in or in connection with this application form and/or your application for the proposed Guarantee (including enquiries or searches made by us or on behalf of us),

Application Documents means (a) this application form submitted by you, and (b) each other document (including any report and certificate) provided to or received by us (whether or not from you or any other person) which contains Application Information,

Purchaser Documents means (a) each Application Document, (b) a Purchaser Indemnity Deed, in the form provided by us, to be entered into by you in favour of us, and (c) each other contract, deed and certificate entered into with us or provided to us to satisfy a condition of any such Application Document or Purchaser Indemnity Deed, and

Vendor Documents means (a) the Property Purchase Contract, (b) the Guarantee, each as amended and/or supplemented from time to time.

By signing this application form each of you declare, agree and confirm that:

Accuracy, completeness and reliance

1.         All of the Application Information is true, accurate and complete and is not ambiguous or misleading. You have not withheld or concealed anything which adversely affects and/or is reasonably likely to adversely affect:

(a)       the truth, accuracy and/or completeness of the Application Information or render any Application Information ambiguous and/or misleading;

(b)       our assessment of you and/or any Application Document; or

(c)        our position or expected position under any actual or proposed Purchaser Document or Vendor Document.

Any person interested now or in the future in the Purchaser Documents may rely upon the truth and accuracy of the Application Information supplied by you.

2.         You shall let us know at once (and provide us with full details) if any Application Information is or becomes wrong or out of date or if anything changes in any way which adversely affects and/or is reasonably likely to adversely affect:

(a)       the truth, accuracy and/or completeness of the Application Information or render any Application Information ambiguous and/or misleading;

(b)       our assessment of you and/or any Application Document; or

(c)        our position or expected position under any actual or proposed Purchaser Document or Vendor Document.

3.         Where you have asked a person for advice and/or a recommendation about a property deposit guarantee or similar product, that person (not us) is responsible to you for any advice which that person gives or any recommendation which that person makes. You must notify that person of any material changes that have or are made to the Application Information in order that such person can provide you with updated advice and recommendations.

4.         Neither the Vendor nor any affiliate of the Vendor nor any other person who may have introduced you to us and/or provided you with assistance, advice, recommendations or other services in connection with any Purchaser Document are not our agents or representatives and have no authority from us to make representations as to the effect of any Purchaser Document or Vendor Document, your liabilities under them or their suitability for you. No one other than a member of our staff has any authority to provide you with information on our behalf to you about the Purchaser Documents or Vendor Documents.

Nothing in any Purchaser Document or Vendor Document and no action taken by us, you or any Vendor or any affiliate of the Vendor pursuant to any Purchaser Document or Vendor Document shall constitute, or be construed as constituting, any joint venture or relationship or partnership or agency between Zurich Bank, you or any Vendor or any affiliate of the Vendor.

5.         You should promptly let us know if, for any reason, you no longer need a Guarantee to be issued.

Applicants also liable for each other

6.         If there is more than one of you as applicants, each and every one of you are fully responsible for all obligations of each one of you in this application and (if created) the other Purchaser Documents (ie your responsibility is not restricted to just a share or your own individual obligations).

Use of Application Information and data protection

7.         You are entitled to, and have the consent of, any individual to disclose information relating to that individual that you have provided in or in connection with the Application Documents, or which you otherwise provide to us, which may be used for the purposes set out in the Application Documents.

8.         We may hold Application Information on our records and use Application Information as follows:

(a)       to process the Application Documents, the other Purchaser Documents and the Vendor Documents, manage your account and administer any product that we provide you with or at YOUR request or otherwise to perform obligations or exercise rights that we may have under the Purchaser Document, the Vendor Documents or any other agreement with you;

(b)       to make enquiries of authorised referees;

(c)        to contact you (unless you specify otherwise in this application or tell us that you prefer not to receive direct marketing) about other products and services including those of carefully selected third parties which we consider may interest you (we may contact you by post, by phone, by email or in any other way);

(d)       for the purposes of market research, statistical and business analysis and creating and maintaining a customer profile;

(e)        to assess further applications from you for other products and make decisions on questions about any such application, agreement or correspondence which you may have with us;

(f)        to prevent fraud and money laundering, trace debt and recover debt;

(g)        to comply with applicable law and regulations; and

(h)       any other use indicated in Zurich Bank's Data Protection and Privacy Notice (as amended from time to time) and/or in the Data Protection Notice.

9.         We may disclose any Application Information to:

(a)       any person (including any actual or potential party, that party's professional advisers and any rating agency) in connection with any actual or potential Transaction Transfer and each such person may also rely upon the truth, completeness and accuracy of the Application Information and may use the Application Information for the purposes and as otherwise described in this Agreement and Declaration;

(b)       any other party to any Vendor Document, any Purchaser Document or any other agreement with you;

(c)        any other person (including any Vendor and/or any affiliate of any Vendor) with whom we have entered and/or consider entering into any other contractual arrangement in connection with any Vendor Document, any Purchaser Document or any other agreement with you (including in connection with the provision of funding to us);

(d)       insurers of the Property whenever necessary for the purposes of obtaining insurance or making a claim;

(e)        any person to whom we make searches and/or enquiries as contemplated and/or authorised in any Application Document;

(f)        credit reference agencies, debt recovery agencies, tracing agencies and to other third parties;

(g)        financial and other organisations involved in fraud prevention to prevent or detect fraud and protect themselves and their customers or to assist in verifying your identity;

(h)       legal and regulatory authorities;

(i)         agents or contractors (including group companies) appointed to administer or operate your account on behalf of us or otherwise to provide services to or on behalf of us for which such agents or contractors will have access to Application Information;

(j)         persons (including brokers, agents and solicitors) assisting you from time to time in connection with any Purchaser Document;

(k)       market research organisations for the purpose of confidential market research conducted on behalf of us;

(l)         any other body having a legal right to request access to the Application Information;

(m)     anyone else indicated in Zurich Bank's Data Protection and Privacy Notice (as amended from time to time) and/or in the Data Protection Notice; and

(n)       anyone you authorise us to give Application Information to.

10.      If we indicate to you that we are willing "in principle" to issue a Guarantee, you authorise any solicitor acting on your behalf to disclose to us information relevant to our decision to issue a Guarantee, subject to your rights solicitor-client confidentiality or legal professional privilege in respect of such information. A copy of any Application Information may be provided to any such solicitor.

11.      We may make searches and enquiries of any person including (without limitation) current and previous lenders, employers, landlords, accountants, bankers, the Land Registry, the Registers of Scotland, H M Revenue & Customs, and the Council of Mortgage Lenders Possessions Register in the processing of any Application Information and the administration of any Vendor Document and/or any Purchaser Document.

12.      We will make searches and enquiries about you at credit reference agencies and through fraud prevention agencies (any of whom may keep a copy of such enquiry whether or not this application proceeds and this will be seen by other organisations that make searches) and the Electoral Register and will be supplied with information accordingly.

(a)       Credit reference agencies may use credit scoring methods to assess this application and to verify your identity.

(b)       Application Information and other information which is provided to us and/or credit reference agencies about you and those with whom you are linked financially may be used by us and others to assess applications for credit about you, or other members of your household and related services and manage your accounts, to check identities to prevent money laundering, to prevent detect or prosecute fraud or other crimes, to recover and trace debts and to undertake statistical analysis.

(c)        You understand that if this application is made in joint names and we search the files of a credit reference agency an "association" will be created with the other person(s) named within any Application Document. We or others may take this association into account in future applications for credit or financial services. The association will remain until you or one of the other such person(s) successfully applies for "disassociation" with the credit reference agencies.

(d)       If you are a sole applicant, you understand that information held about you by credit reference agencies may be linked to records relating to any person with whom you have previously applied jointly for credit and that for the purposes of Application Information you may be financially linked as Application Information will be assessed with reference to any "associated" records.

13.      By signing this application form you explicitly consent to the processing of sensitive personal data about you contained within this application form for the purpose of processing the Application Information. Sensitive data comprises information relating to your racial or ethnic origin, political opinions, religious or other beliefs, trade union membership, health, sex life and commission of offences or court proceedings.

14.      Where Application Information is used and/or disclosed as contemplated and/or permitted under this Agreement and Declaration:

(a)       Application Information may be disclosed to, and the your name may be passed to, other lenders by being placed on the Council of Mortgage Lenders Possessions Register; and

(b)       if details of default are given to certain persons (including lenders, providers of finance, and credit reference agencies) this may affect your ability to obtain further credit.

15.      If you give false or inaccurate information and we or other organisations suspect fraud, this will be recorded. We and other persons may use this information, if decisions are made about you or others at your address(es), on credit or credit related services or motor, household, credit, life or any other insurance facilities and for debt tracing, claims assessment and to verify identities to prevent money laundering.

16.      Any telephone calls to us may be recorded and/or monitored for security, quality and/or training purposes. Any recordings remain our sole property.

17.      We may from time to time appoint agents and/or contractors to perform all or any of our obligations or discharge all or any of our duties and/or liabilities or exercise all or any of our rights under or in connection with any Vendor Document and/or any Purchaser Document and you shall accept such performance and/or discharge by any person in respect of each period that Zurich Bank notifies you in writing that such person is a duly authorised agent and/or contractor of Zurich Bank for the relevant matter and references to Zurich Bank (using any form of wording) in each Vendor Document and/or any Purchaser Document shall be construed accordingly.

18.      We may transfer Application Information for use in the ways described in any Application Document to countries outside the European Economic Area which may not have the same level of protection as countries within the European Economic Area.

19.      You understand that under the Data Protection Act 1998 you may make a written request for a copy of certain personal data that we hold about you and to ask for any inaccurate details to be amended. We may make a charge for this. If you wish to exercise this right you should write to the Data Protection Officer at Zurich Bank, La Touche House, IFSC, Dublin 1 Ireland.

20.      You have the right of access to your personal records held by credit and fraud agencies. We will supply their names and addresses upon written request to the Data Protection Officer at Zurich Bank, La Touche House, IFSC, Dublin 1 Ireland.

21.      We may use a credit scoring or other automated decision-making system in assessing Application Information.

Fees and expenses

22.      You shall pay, not later than the date you submit this application form, an application fee of £99 (which is exclusive of VAT). You agree that such application fee is non-refundable whether or not this application is accepted or declined or whether or not a Guarantee is issued. Acceptance of any such application fee paid does not guarantee or imply acceptance of this application by us.

23.      If we approve this application, we shall notify you of the amount of the guarantee fee that must be received by us prior to taking any further step (and, for the avoidance of doubt, we shall not consider issuing a Guarantee until such guarantee (and any VAT) has been received in full). You agree that in the event that we issue a Guarantee but the original of such Guarantee is returned to us with written statement by you that it is no longer required.

24.      If we decide a valuation of the Property is needed to process this application, we shall notify you of the amount of the valuation fee (and any VAT) and you agree that you will either pay us that amount (and any VAT) or cancel this application prior to us instructing a valuer to carry out a valuation of the Property. You will not be entitled to a copy of the valuation report because the valuer will report to us alone. Whether or not we decide to obtain a valuation report it remains your responsibility to establish the value, condition and suitability of the Property for your purposes.

Declined application

25.      We may decline this application or withdraw or revise any indication to you that we are willing "in principle" to issue a Guarantee or propose to issue a Guarantee at any time before a Guarantee is issued, without giving any reason whatsoever.

Right to transfer

26.      At any time and from time to time we can enter into and make "Transaction Transfers" (being a transfer, assignment or assignation (whether absolute or by way of security), mortgage, charge, standard security, creation of trust over, agreement to sell or other disposal (in law or in equity or beneficially) of all or any of our rights, title, interests, benefits and obligations in respect of all or any of the Purchaser Documents and/or Vendor Documents). You irrevocably consent to Transaction Transfers and agree that we can make Transaction Transfers using our rights under the Purchaser Documents and/or in law or in equity or beneficially without any further consent from you and without notice to you and that no further agreement is required from you and no further notice need be given to you. If we make a Transaction Transfer of our rights under any Purchaser Document, the person to whom we make that Transaction Transfer can exercise the relevant rights and enforce your relevant obligations under that Purchaser Document.

DATA PROTECTION AND PRIVACY

Zurich Bank is committed to protecting your privacy. Zurich Bank uses your Customer Data for the provision and administration of financial products and related services. Examples of the actual or possible uses of your Customer Data are: processing your application, processing claims, statistical analysis, underwriting purposes, fraud prevention, market research, risk management. This processing of information applies to both our online and off line work practices.

Your Customer Data may also be used by Zurich Bank to provide you with information about products and services from us or other products and services which are arranged for you by us with other companies within the Zurich Financial Services Group or with a third party. We operate a strict opt-out policy, such that all direct marketing material contains the option to opt-out of future direct marketing. Furthermore, you may opt-out at any time by writing to the Data Protection Officer at the address mentioned below.

Zurich Bank considers your Customer Data to be private and confidential. Zurich Bank may sometimes disclose information about you to agents or service providers appointed by us, regulatory bodies, other financial service companies (directly or via a central register) and other companies within the Zurich Financial Services Group or to others who work for us and some of which may be based outside the European Union in connection with the provision of services to you. Zurich Bank may access and/or disclose your Customer Data if required to do so by law or in the good faith and belief that such action is necessary to: (a) conform with the law or comply with legal process served on Zurich Bank; (b) protect and defend the rights or property of Zurich Bank including, without limitation the security and integrity of our network; or (c) act under exigent circumstances to protect the personal safety of users of our services or members of the public.

You are entitled to copies of your Customer Data held by us as the data controller. We will provide you with a copy of the Customer Data kept by us as soon as may be and in any event not more than 40 days after the request in writing. There may be a charge to access the information. All requests should be addressed to the Data Protection Officer, Zurich Bank at the address mentioned above. If the information we hold about you is inaccurate, please let us know and we will make the necessary amendments and confirm that these have been made within 40 days of receipt of your request. We will only hold on to your Customer Data for as long as necessary for the purposes of providing financial products and related services to you.

If you have any comments, queries or suggestions about our Data Protection & Privacy Policy or the level of security practices of Zurich Bank, or you wish to change, modify, update or remove your Customer Data, contact us by email at DataProtectionOfficer@ZurichBank.com or via postal mail by writing to the Data Protection Officer, Zurich Bank, La Touche House, IFSC , Dublin 1 , Ireland