Terms and conditions for your mortgage
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1. LEGAL NOTICES
Immoweb Financial Services S.A./N.V. (hereinafter referred to as “Immoweb F.S.”), whose registered office is situated at rue aux Laines, 70, 1000 Brussels, Belgium, RPM/RPR 0727.442.788, is an insurance agent and mortgage broker, entered in the register of insurance and mortgage intermediaries kept by the financial services and markets authority (FSMA), under company number 0727442788.
Keytrade Bank S.A./N.V. (hereinafter referred to as “KTB”), Belgian subsidiary of Arkéa Direct Bank S.A. (France), has its place of business at Boulevard du Souverain 100, 1170 Brussels, Belgium, RPM/RPR 0879.257.191. Arkéa Direct Bank is a lending institution subject to the supervision of the French supervisory authority (Autorité de contrôle prudentiel et de résolution – “ACPR”, www.acpr.banque-france.fr) and the Belgian supervisory authorities (National Bank of Belgium (“NBB”, www.nbb.be) and the Financial Services and Markets Authority (“FSMA”, www.fsma.be)) as a lending institution governed by the law of another Member State of the European Economic Area with a subsidiary registered in Belgium. It is also an insurance intermediary authorized to conduct business in Belgium (ORIAS 07008441).
The task of the Financial Services and Markets Authority (hereinafter referred to as “FSMA”) is to supervise the financial markets and listed companies, to authorize and supervise certain categories of financial institutions, to ensure compliance with rules of conduct by financial intermediaries, to oversee the marketing of investment products aimed at consumers and to exercise “social” supervision of supplementary pensions. The FSMA is based at 12-14 Rue du Congrès, 1000 Brussels, Belgium. The FSMA’s register of insurance and mortgage intermediaries can be consulted on the website www.fsma.be.
The task of the Federal Public Service Economy (hereinafter referred to as “FPS Economy”) is to monitor compliance with the provisions of Book VII of the Code of Economic Law, applying to payment and lending services. The monitoring of compliance with these provisions includes in particular the communication to the FSMA of shortcomings on the part of lenders and credit intermediaries, so that it can take the necessary measures. The FPS Economy, Economic Inspection Department, is based at 16, Boulevard du Roi Albert II, 1000 Brussels, Belgium - 02/277.54.84 - https://pointdecontact.belgique.be.
Immoweb F.S. markets mortgage products digitally in partnership with KTB, and also via the networks of physical brokers. This business is conducted via the site immoweb.be (also referred to hereinafter as the “site” or the “website”) in accordance with the requirements of the FSMA.
All precontractual relations with our clients are based on the current legislation and the Code of Economic Law. By “client” we mean all of our current, potential and former clients (hereinafter referred to as the “Client”).
The information and other data published and made accessible via the site immoweb.be is for information purposes only. Immoweb F.S. shall therefore on no account be liable for any periods of unavailability of the service or for any inaccuracy, structural inconsistency in the content or typing error. The content of this site is for information purposes only.
The Terms and Conditions for mortgage products distributed by Immoweb F.S. can be consulted online (on the internet) on the site immoweb.be and on the websites of lenders with which it works.
You can communicate with us - in English, French or Dutch - via the following channels:
- by post: Rue aux Laines 70 – 1000 Brussels – Belgium
- by e-mail to our general e-mail address
2.1. Privacy and cookies policies
Immoweb Financial Services SA/NV’s privacy and cookies policies are the same as those of its sole shareholder Immoweb SA, which you can consult here.
2.2. Website access restrictions
We reserve the unilateral right to prohibit access to all or part of Immoweb’s website or app to any individual or legal person:
- who would use the personal data to which he/she can have access via the site to propose paid products or services or to send unsolicited e-mails to other users of this site (“spamming”) for any other commercial purpose or in any other unauthorized manner;
- who would use the services proposed by Immoweb F.S. without complying with the specific terms applying to those services;
- who would harm the reputation of Immoweb F.S. and its website in any manner whatsoever;
- who would infringe third-party intellectual property rights;
- who would use the site illegally.
We also reserve the right to take such persons to court.
2.3. Access restrictions for insurance products
2.3.1. Platform availability
Although we strive to make the immoweb.be website available to you 7 days a week and 24 hours a day, we reserve the right, at any time and without notice, to interrupt access to the website for technical or other reasons and to stop offering our services. In this event we shall on no account be liable for these interruptions and for the consequences that might result for you or for any third party.
Immoweb F.S. ensures as far as possible that the website and files that can be downloaded are free of bugs, viruses, Trojan horses, spyware and other malware or unauthorized software. However, there is still the possibility that these may be found. Immoweb F.S. can on no account be held liable for any resulting damage and/or loss to the user. Immoweb F.S. strenuously advises the user to install firewalls, antivirus software and other necessary protection software on his/her device.
2.3.2. Links to third-party websites
Certain sections of the website may contain hyperlinks to third-party content and websites operated by third parties. We are not liable for the quality or accuracy of such content or websites. Nor should Immoweb F.S. be taken to be endorsing, publishing or authorizing such websites or content. Therefore, the respective owners are solely liable for complying with laws and regulations applicable to the products and services sold on their websites, including consumer protection, distance selling, price display regulations, protection of personal data, etc.
2.3.3. Intellectual property rights
Immoweb F.S. (together with its sole shareholder Immoweb SA/NV) is the exclusive owner of intellectual property (such as copyright or rights of the creator of databases) on all content included on the website, including text, graphics, logos, buttons, images, HTML code, databases and icons.
The appearance of the website (layout, choice and arrangement of the various sections, organisation of data, etc.) is protected by copyright law. Immoweb F.S. prohibits the extraction and/or reuse of the whole or of any part of the content of the platform that is substantial on a qualitative or quantitative basis. The Belgian law of 31 August 1998 on the legal protection of a database (transposing European Directive No 96/9/EC) states that violation of these rights may lead to fines of up to € 500,000 and, in the event of a repetition of the offence, up to two years’ imprisonment.
Immoweb F.S. herewith grants the user of the site a non-exclusive, non-transferable license, revocable at any time without grounds, to access the content of the site, display it and download it solely for the purposes of noting its content, this being on one computer only. The user may print out a copy of the content displayed on the platform, solely for his/her personal use, provided he/she does not in any way alter the content of the platform and keeps the platform’s mentions of authorship and origin. Reproduction is therefore authorized only for the purposes of private use and private copy as defined by copyright law.
Some of the names, signs and logos on this website are registered trademarks or trade names belonging to Immoweb F.S., its sole shareholder Immoweb SA/NV, or their respective owners. Save with the express advance authorization of the owners, any use of the names, trademarks and logos and/or unlawful use of similar signs is prohibited.
Any copy, translation, adaptation, modification or use whatsoever of the whole or of any protected item of this platform, in any form and by any means, is strictly prohibited without the advance written consent of Immoweb F.S.. Any commercial use of the content of the platform is strictly prohibited.
On no account shall Immoweb F.S. be liable towards visitors to the website for any claim or action brought against them by a third party who claims that the use of any of the content, products or services accessible on this site infringes that third party’s intellectual property rights.
3. CONFLICTS OF INTEREST POLICY
3.1. General principles
For the conduct of its business, Immoweb F.S. has adopted the principle of managing in an honest, equitable and professional manner any conflicts of interest which may arise between Immoweb F.S., a member of Immoweb F.S.’ staff and any other individual whose services are offered and placed under the control of Immoweb F.S. and its clients (hereinafter referred to as the “appointed representative of Immoweb F.S.”) and who is involved in the regulated activities of Immoweb F.S. and its current, potential and former clients. The same applies to any conflicts of interest which may arise between a client and a supplier or a client and an intermediary of Immoweb F.S..
In accordance with the applicable law, Immoweb F.S. takes all necessary measures to identify and properly manage conflicts of interest which give rise to a significant risk of damage likely to harm the interests of its clients.
3.2. Internal measures for the identification and management of conflicts of interests
In order to identify these conflicts of interest, Immoweb F.S. focuses on facts and also does its best to determine, in particular, if a person concerned, or any other person:
- is likely to derive a financial gain or prevent a financial loss at the expense of the Client;
- has an interest in the outcome of a service provided to the Client or of a transaction carried out on behalf of that Client, which is distinct from the Client's interest in that outcome;
- has a financial or other incentive to favour the interests of Immoweb F.S. and/or a Client or group of Clients over the interests of Immoweb F.S. and/or another Client or an intermediary;
- has the same professional activity as the Client; and/or
- receives or shall receive from a person other than the Client an inducement in relation to the service provided to the Client, in the form of monies, goods or services, other than the standard commission or fee for that service.
When a conflict of interest is identified, it must be managed rapidly, equitably and adequately.
Examples of basic measures laid out in the rules adopted by Immoweb F.S. are:
- effective procedures to control the flow of information in situations involving the risk of a conflict of interest likely to damage the interests of a Client;
- a review of the adequacy of Immoweb F.S.’s systems and controls is carried out on a regular basis.
In the course of the management of a conflict of interest, it may be appropriate to have recourse to additional measures when the basic measures are not sufficient to adequately manage the potential conflict. These measures may include in particular setting up “Chinese walls” on an ad hoc basis, specific to the transactions or other additional measures for the separation of information.
Immoweb F.S. employees must ensure that they adopt fully independent attitudes in their dealings with clients and intermediaries. This is why measures aimed at preventing any influence and guaranteeing an independent attitude have been introduced: separation of departments, prevention of improper intervention in some activities or services.
Despite all measures taken for the management of conflicts of interest, it may prove impossible to find a definitive solution. In this case, the decision should be made to forego the service or transaction.
An additional support to the identification and management of conflicts of interest is provided through procedures and guidelines which have been set up in connection with other specific obligations.
4. INDUCEMENT POLICY
By law, Immoweb F.S. is not allowed to receive or pay remuneration for mortgage broking services provided to its Clients unless this remuneration falls into one of the following categories:
- A fee paid by or to lending institutions and mortgage brokers with whom the Client takes out a mortgage loan. In this context, Immoweb F.S. will receive commission from the financial institution for its services which will be indicated at a later stage in the ESIS (European Standardised Information Sheet).
- A fee for a third party, necessary for the requested mortgage broking service. It is also possible that Immoweb F.S. may grant a third party a fee for the sole reason that this third party introduces new clients. Such payments are in accordance with the communication from the FSMA of 20 February 2009 concerning “business introducers” and the strict internal rules in this respect.
Please let us know how we can help you and improve our service.
Any complaint relating to the simulation tool and the saved mortgage simulation on immoweb.be should be addressed to Immoweb Financial Services SA/NV
Address: Rue aux Laines 70 – 1000 Brussels (Belgium)
E-mail: Immoweb F.S.
If the matter still has not been resolved to your satisfaction, you may refer your complaint to the mortgage ombudsman in Belgium. The ombudsman can be contacted at:
Square de Meeûs 35, 1000 Brussels, Belgium
Tel: +32 2 547 58 71,
Fax: +32 2 547 59 75
E-mail: [email protected]
The European Online Dispute Resolution Platform
If you arranged your policy with us online or through other electronic means (e.g. phone, SMS, fax or mobile device), you may also wish to register your complaint through the Online Dispute Resolution Platform (ODR): https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Your complaint will then be redirected to the Ombudsman Service and to Immoweb F.S. to resolve. There may be a short delay before we receive it. Any communications, including telephone calls, will be recorded to improve the quality of our services, assist with staff training or detect fraud.