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| 1. |
Definitions
In these conditions, the following definitions apply: |
| 1.1 |
"Applicant" means a person or persons applying for any product or service offered by us |
| 1.2 |
"Application" means any application for a mortgage, personal loan or other product or service from us that you
send to us on behalf of an Applicant |
| 1.3 |
"We", "us", and "our" means Birmingham Midshires, which is a division of
Bank of Scotland plc |
| 1.4 |
"You" and "your" means the sole principal, partnership, limited liability partnership, or company who introduces
an Applicant to us |
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| 3. |
Scope |
| 3.1 |
These conditions set out the terms upon which you may use our website, and upon which we will deal with you
when you introduce an Applicant to us. They do not apply to applications you introduce to any other part of HBOS plc (where other terms may apply) |
| 3.2 |
We reserve the right not to accept an Application or Applications submitted by you, for any reason, and without
giving any explanation |
| 3.3 |
You are an intermediary, and not our appointed agent for mortgage business. You are responsible for your
actions and advice, including any advice you give any Applicant about their Application |
| 3.4 |
You must tell us: |
| 3.4.1 |
If your consumer credit licence is withdrawn |
| 3.4.2 |
If you are investigated for breach of the Financial Services Authority's rules |
| 3.4.3 |
If your registration with the Financial Services Authority is terminated or suspended for any reason |
| 3.4.4 |
If you are investigated for a breach of any other regulatory body's rules or have membership of any other
regulatory body terminated or suspended
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| 7. |
Data Protection |
| 7.1 |
You will treat any information disclosed, in whatever form, or supplied by us, any Applicant, or acquired by
you in connection with an Application, as confidential. You must take all reasonable care to protect it, and not use,
disclose, or copy it except as may be necessary for submitting Applications on behalf of Applicants and the performance
of your obligations under these conditions |
| 7.2 |
Where you process personal data (as defined in the data Protection Act 1998) on our behalf, you must: |
| 7.2.1 |
Co-operate as far as is reasonable with us in complying with any data subject access request |
| 7.2.2 |
Co-operate fully with us in dealing with any enquiry made, or investigation or assessment of processing initiated
by the Information Commissioner |
| 7.2.3 |
Take such security measures as are required to enable you to comply with obligations equivalent to those imposed
on us by the seventh data protection principle of the Data Protection Act 1998 |
| 7.2.4 |
Process such personal data only in accordance with our instructions |
| 7.2.5 |
Allow us to conduct such reasonable audit of your information security measures as we require to ensure your
compliance with your obligations in this paragraph 7
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| 7.2.6 |
Ensure that only such of your employees who may be required to assist in meeting your obligations under these
conditions shall have access to such personal data
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| 7.2.7 |
Ensure that all your employees involved in the processing of such personal data have undergone training in data
protection and in the care and handling of personal data |
| 7.3 |
For the purposes of these conditions, you shall be a data processor and we shall be a data controller |
| 7.4 |
We will process information for our legitimate business purposes about you, and partners (if you are in partnership),
your employees authorised to submit Applications to us on behalf of Applicants, our statement of account for fees due to
you (if applicable), Applicants, and their conduct of their accounts |
| 7.5 |
We will carry out a credit reference search against all Applicants, and will use credit scoring. Each time you refer
an Applicant to us, you must ensure that the Applicant's consent to these searches is obtained prior to the referral |
| 7.6 |
Your duties under this paragraph 7 will survive any termination of your membership of our intermediary panel |
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| 8. |
Security |
| 8.1 |
Certain areas of our website are secure. You may only access these secure areas once you have obtained from us
(via this website) a User ID (Identification) and Password. We will only issue you with a User ID and Password if you
satisfy certain conditions, as set out from time to time on this website |
| 8.2 |
We can refuse to issue you with a User ID or Password at any time, and without offering any explanation.
If you have been issued with a User ID and Password, we can revoke your use of such user ID or Password at any time, and
without offering any explanation |
| 8.3 |
Once you have been issued with a Password, you must not disclose it to anyone. If your Password is revealed to
a third party, whether deliberately or in error or otherwise, we will not be liable to you or to any Applicant for any loss
incurred. If you forget your Password, or if you believe that someone else knows your Password, you must notify us
immediately |
| 8.4 |
You can tell which areas of this website are secure by the appearance of a security symbol in the browser's status
bar (please note, the security symbol varies on different browsers and platforms. On most recent browsers, this is
indicated by a securely closed padlock. It is your responsibility to understand which symbol represents security on your
browser, please contact the software vendor for further details). Any information sent to us using a secure area will be
encrypted to a high standard and sent on to us in a secure format |
| 8.5 |
There may be other email features within our website, which we cannot guarantee as secure. You can tell which email
features are not guaranteed as secure by the absence of the security symbol (see paragraph 8.4). We recommend that you do
not send to us sensitive personal and financial information relating to you or any Applicant except via the clearly marked
secure email and form features |
| 8.6 |
We comply at all times with our legal and regulatory obligations. In particular we will treat all information
about an Applicant that you provide to us via our website in accordance with the Data Protection Act 1998, where we are
required to do so |
| 8.7 |
Information given to us via our website will be used to provide the requested service, and may be used by
Bank of Scotland
plc, HBOS plc, or their subsidiaries, to keep the Applicant informed of products and services which may be of interest. If
the Applicant does not want the information provided to be used in this way, please let us know by emailing
info@birminghammidshires.co.uk with details of the Applicant's full name and postal address as it appears on their
account, so that their details can be amended |
| 8.8 |
Calls to any of the telephone numbers on this website may be monitored and recorded, to help us to maintain
the quality of service we provide to you |
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| 11. |
Liability |
| 11.1 |
All content on this website is provided for your information and for illustrative purposes only. We endeavour to
ensure that the content is current and accurate, but do not accept any liability to you or any Applicant where it is not,
whether in contract, tort, negligence, or otherwise, and whether direct or consequential. If you want to rely on any
information provided in our website, you should check its currency and accuracy directly with us, before placing any
reliance on it. |
| 11.2 |
We have provided within the secure area of this website various tools for your use. These include a
product-matching function, a mortgage calculation and illustration tool, and an online mortgage application
facility. While we have made every effort to ensure the accuracy and functional efficiency of these tools, we cannot
guarantee this, and accept no liability to you or any Applicant as a result of any errors, technical defects,
miscalculations, or lack of functionality within the tools |
| 11.3 |
Where we provide on our website, direct links to another website not under our control, we accept no liability for
the content of, or your use of, that other site. Where we provide direct links to another website, we neither guarantee the
accuracy of the content of that website, nor do we necessarily endorse or approve of that content. We cannot guarantee that
you will be able to access the other website via the link on our website at any time. |
| 11.4 |
Your website may only be linked to ours with our prior written consent. We may not give consent, and do not have to
offer any explanation where consent is refused. If we give consent, the consent may be made subject to conditions. Amongst
other things, there will be conditions that our website will only be linked to yours by way of a clear separate Uniform
Resource Locator ("URL") and that you make clear that our website is not part of your website |
| 11.5 |
We aim to ensure that our website is free of all viruses and technical defects of any description. Due to the
nature of the internet however, and the possibility of third party interference, this cannot be guaranteed, and we will
not be liable for any damage or loss caused as a result of your use of our website |
| 11.6 |
The content of this website is provided for your information only, and does not constitute an offer to contract.
The information does not constitute advice or a recommendation to you or to any Applicant. You are responsible for
providing proper advice to Applicants on the suitability of our products. We do not guarantee that the products and
services advertised on this website will be suitable for any Applicant. |
| 11.7 |
In submitting Applications to us, or in introducing Applicants to us, you warrant that you have the Applicant's
authority to do so, and to provide all personal and financial information sent to us. You warrant that you have checked as
far as you are able the accuracy of all information provided to us on the Applicant's behalf. Where it is clear that the
Applicant has provided false information to you or us, you will let us know immediately |
| 11.8 |
You agree to indemnify us for all direct and consequential losses we incur as a result of your use of our
website otherwise than in accordance with these conditions, whether deliberate or negligent
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| 13. |
Miscellaneous |
| 13.1 |
These conditions, and your use of this website, are governed by, and will be construed in accordance with,
English law. The courts of England and Wales will have sole jurisdiction to determine any disputes arising |
| 13.2 |
Our website is not intended for your use if you, or the Applicant, are resident outside the United Kingdom; we
therefore do not guarantee that our website complies with the laws and regulations of any other jurisdiction |
| 13.3 |
In performing your obligations under these conditions, you will: |
| 13.3.1 |
Comply with all laws, regulations, rules, duties, and obligations (whether or not originating in the United
Kingdom) which apply to, or are relevant in connection with, these conditions and the operation of your business which
may from time to time be relevant |
| 13.3.2 |
Comply with all relevant requirements and provisions of any present or future legislation, regulations, or codes
of practice |
| 13.3.3 |
Co-operate in any audit of us by the Financial Services Authority, the Inland Revenue, Customs and Excise, or any
other body that regulates us or supervises compliance with any voluntary code of practice. This includes producing to us
(or anybody authorised by us or any regulatory body) on demand any information in a format we or they require and within
such time and at such place as such persons may require; giving such persons such assistance in connection with any
investigation or audit as you are reasonable able to give |
| 13.3.4 |
Maintain appropriate licences |
| 13.4 |
You must not do, or omit to do, anything which will or may: |
| 13.4.1 |
Affect any authorisation, licence, consent or permission necessary or desirable for the conduct of our business or
your business; or |
| 13.4.2 |
Cause us to breach any laws, regulations, rules, codes of practice, duties, obligations or other requirements
which may from time to time be relevant |
| 13.5 |
We may undertake such monitoring as we consider appropriate to satisfy any obligations imposed on us by the
Financial Services Authority or any other regulator. |
| 13.6 |
By submitting an Application you are confirming your agreement to abide by the procuration fee payment route
agreed between us and the designated Mortgage Club or Network. |
