Website and introducer terms and conditions
1. Definitions In these conditions, the following definitions
"Applicant" means a person or persons applying for any product or
service offered by Us.
"Application" means any application for a mortgage or application
for a decision in principal that You send to Us on behalf of an
"Intermediary Website" means the section of the Platform website
available only to representatives of Intermediaries who have
successfully registered with Us to access that website
"We", "Us", and "Our" means The Co-operative Bank p.l.c. trading as
"You" and "Your" means you, the person using the Intermediary
"Intermediary" means a firm who is either a Platform Partner or an
Unconnected Broker and who is authorised by the FCA and has
permission at least to carry out the regulated activity of
arranging regulated mortgages and credit broking (within the
meaning of the Financial Services and Markets Act 2000 (Regulated
Activities) Order 2001) or is an appointed representative of such
an authorised person for the purposes of such activity.
"Platform Partner" means a firm who has an agreement in place with
Us to act as a branded partner or a packager or has signed and
returned to Us a broker terms of business.
The “Co-operative Bank Group” means The Co-operative Bank p.l.c.
and its subsidiary undertakings from time to time as such term is
defined in the Companies Act 2006 and “member of The Co-operative
Bank Group” shall be interpreted accordingly.
"Unconnected Broker" means a firm who is not a Platform
Legal Document. These conditions constitute a legal document and it
is important that You read and understand these conditions
(ESPECIALLY SECTION 9) before You start to use the Intermediary
Website. These conditions incorporate the terms of
business for intermediaries and are in addition to, and
supplement, all other statements and disclaimers found on the
website from time to time and any other terms and conditions which
a Platform Partner has agreed with Us. Each time you access the
Intermediary Website, you agree that such access will be governed
by these terms and conditions as they apply to you at the time of
such and as amended from time to time.
Joint and Several Liability. By accepting these conditions, You are
agreeing to them both in Your own personal capacity and also as
agent on behalf of Your employer (or if You are an individual
contractor or similar person, as agent on behalf of the
organisation that appointed You in Your role in which You are
accessing the Intermediary Website). As a result, by accepting
these conditions, You will be creating legal obligations for Your
employer or other organisation. You should not proceed to do so
unless You have been authorised by Your employer or other
organisation to do so, and You should bring these conditions to
their attention as soon as possible. We may also contact Your
employer or other organisation to confirm this with them. Your
employer or other organisation will be jointly and severally liable
with You for Your compliance with these conditions.
Changes. We may amend these conditions at any time without notice.
Your use of the Intermediary Website after such amendment will be
subject to these terms and conditions as amended and as they apply
to You at that time. It is your responsibility to check each time
you access the site the terms and conditions governing the use of
the Intermediary Website at that time. If You do not agree with any
changes We have made, You should cease using the Intermediary
Website. The products and services which are shown on the
Intermediary Website or which are indicated to You as available to
Applicants are subject to availability, and may be withdrawn or
amended without notice to You.
Third Party Rights. Each member of The Co-operative Bank
Group may enjoy the benefit of these conditions and may enforce all
of Your and Your employer's or Your appointing organisation's
obligations under these conditions pursuant to the Contracts
(Rights of Third Parties) Act 1999 and Platform shall be entitled
to perform any of its obligations under these conditions by itself
or through any member of The Co-operative Bank Group.
3. Your Use of the Intermediary Website
The Intermediary Website is designed only to be accessible by those
who have registered and have been accepted by Us to use the
Intermediary Website and who are, at the time of use, accessing the
Intermediary Website from within the UK. It is a condition of
registration that Your employer or Your appointing organisation for
whom your act is an Intermediary.
You must inform Us immediately:
1. If the Intermediary for whom You act is no longer authorised by
the Financial Conduct Authority or has ceased to be an appointed
representative of an authorised person 2. If You cease to be
employed or appointed by the organisation which You were employed
or appointed by at the time that You became a registered user of
the Intermediary Website (in which case You should also immediately
cease using the Intermediary Website).
You must not provide anybody else access to the site. In
particular, you must not show the Intermediary Website to the
Applicant or allow the Applicant to gain access to the Intermediary
It is a condition of Your use of the Intermediary Website, that You
will not use the Intermediary Website for any purpose that is
unlawful or prohibited by these terms, conditions, and
You may not use the Intermediary Website in any manner which could,
reasonably considered, damage, disable, overburden, or impair the
Intermediary Website or any other site or service or network(s)
used by Us, or interfere with any other party's use and enjoyment
of the Intermediary Website or any other site or service or
You may not obtain or attempt to obtain materials or information
through any means not intentionally made available through the
Intermediary Website or any other site or service or
We reserve the right, in Our sole discretion, to: (i) suspend or
terminate Your access to any or all Our websites or services
(including without limitation the Intermediary Website) and the
related services or any portion thereof at any time, without
notice; (ii) cease providing or interrupt any or all Our websites
or services (including without limitation the Intermediary
Website), whether temporarily or permanently; (iii) remove or
change access rights at any time, and without offering any
Without limiting the general application of the above rights, we
will terminate Your access to the Intermediary Website (i) if You
are in breach of these terms and conditions; (ii) if the
Intermediary for whom You act is no longer authorised by the
Financial Conduct Authority or has ceased to be an appointed
representative of an authorised person; (iii) if You cease to be
employed or appointed by the organisation which You were employed
or appointed by at the time that You became a registered user of
the Intermediary Website.
When You register for access to the Intermediary Website, You will
be provided with a username and password combination that will
allow You to access the Intermediary Website. You are responsible
for maintaining the confidentiality of Your username and password.
You shall be responsible for all uses of Your username and
password, whether or not authorised by You. You agree to notify Us
immediately of any unauthorised use of Your username or password,
which comes to your attention.
6. Links to Third Party Web Sites
Within the Intermediary Website, there may be links to third party
websites, which We have included, as We believe they may be of
interest to You. We are not responsible for those third party
websites, their content or their conditions. The fact that We
include links to other websites does not mean that We approve of or
endorse them, websites to which they will link you further, the
owners or operators of those websites or any services or products
advertised on them. We accept no liability for any statements,
information, products or services published on or accessible
through any such websites. You should also be aware that those
websites may have different legal conditions, privacy policies,
etc. that will apply to Your use of and any products or services
offered on those websites. It is Your responsibility to observe
those other conditions and policies.
7. Data Protection
When You visit or register for access to the Intermediary Website,
We may collect information about You which may be helpful for
improving the operation of the Intermediary Website or which we
require to identify You. We may also collect personal information
from You through the Intermediary Website when You submit an
application or use the services or products featured on the
The personal information about You which We collect through the
Intermediary Website will be processed for the purposes of
identifying You, fulfilling Your orders or requests and for
communicating with You. It may also be retained by Us for general
By supplying Us with the applicants’ data, You confirm and
guarantee that We have the consent for the purposes of DPA to use
the data for the mortgage application process.
Calls to any of the telephone numbers on the Intermediary Website
may be monitored and recorded, to help Us to maintain the quality
of service We provide to You and third parties. We may, in
addition, undertake such monitoring as We consider appropriate to
satisfy any obligations imposed on Us by the Financial Conduct
Authority or any other regulator.
Unless we have expressly stated otherwise (whether in an agreement
entered into between Us and a Platform Partner or otherwise in
writing) and subject to condition 11 of these terms and conditions,
we endeavour to ensure that the content of the Intermediary Website
and any information generated from it is current and accurate, but
do not accept any liability (either to You or to any other person),
whether in contract, negligence, or otherwise, and whether direct,
indirect or consequential, for any inaccurate or out-of-date
information published on the Intermediary Website.
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 Your website will only be linked to
Ours by way of a clear separate Uniform Resource Locator ("URL")
and that You make clear that Our website is not part of Your
website or affiliated with it in any way.
We aim to ensure that the Intermediary Website is free of viruses
and technical defects as far as possible. Due to the nature of the
internet however, and the possibility of third party interference,
this cannot be guaranteed and We will not accept any liability
(either to You or to any other person), whether in contract,
negligence, or otherwise, and whether direct, indirect or
consequential for any viruses or defects in the Intermediary
The content of the Intermediary Website is provided for Your
information only and to enable You to satisfy Your regulatory
obligations to provide Applicants with information on Our products
and services, and does not constitute an offer to contract. The
information on the Intermediary Website does not constitute advice
or a recommendation to You, the Applicant or any third party.
By submitting any information about the Applicant on the Website,
you confirm that you have the Applicant's authority to do so.
You agree to indemnify Us for all direct and consequential losses
We incur as a result of Your use of the Intermediary Website
(whether in accordance with these conditions or otherwise).
The Intermediary Website is provided "as is" and We give no
warranties in respect thereof. Specifically, but without
limitation, We do not warrant that You will be able to use the
Intermediary Website or that it will continue to be made available
in its current or any other form at the current domain name or any
other domain name or that it will be fit for any purpose. Any
warranties, which would otherwise be implied by law (including,
without limitation, warranties as to satisfactory quality, fitness
for purpose or skill and care), are hereby excluded to the fullest
10. Intellectual Property
We own and operate the Intermediary Website. We are the owners of
all intellectual property rights in material contained within the
Intermediary Website. This includes, but is not limited to, all
copyright, trademarks, patents and designs. We will rigorously
pursue any unauthorised infringements of our rights.
You are allowed to use, download, and print the information and
tools available on the Intermediary Website for the purpose of
complying with Your regulatory requirements in relation to the
introduction of Applicants to Us. You may not otherwise extract or
distribute any of the material contained within the Intermediary
Website, or use any such material or tools for any commercial
benefit to Yourself or others. If You wish to use any of the
Intermediary Website content for any other purpose or in any other
way, You must first contact Us to obtain Our prior written consent.
We may not give consent. If any consent is given We will explain as
part of the consent how You will be permitted to use the
Intermediary Website and its contents.
11. Unconnected Brokers
The terms set out in this condition 11 are additional terms
applicable only to Unconnected Brokers.
Unconnected Brokers will not be able to submit any application for
a mortgage in respect of an Applicant to Us. Only Platform Partners
may submit applications to Us. You will need to ensure that You or
Your employer contacts Us with a view to becoming a Platform
If you generate information from the Intermediary Website which is
in the format of a "Key Fact Illustration", subject to You
satisfying Your obligations under these terms and conditions and
any additional obligations imposed on the use of such information,
We confirm that such information will be accurate at the date it is
produced by Us in respect of the product to which it is stated to
relate. However, You must carry out such checks as are reasonable
to ensure that the information does not contain any errors that
should have been obvious to You. Any information provided by Us
will be based on the data provided to Us by You and You are
responsible for the accuracy of the data provided to Us. Since You
are not a Platform Partner, the information in a "Key Facts
Illustration" may not accurately reflect any fees or charges which
may be payable to You or may be imposed by You and it may not
accurately reflect any additional conditions or requirements
imposed by You. In no circumstances will a "Key Fact Illustration"
constitute an offer by Us to enter into any agreement with the
All Our products which are featured on the Intermediary Website
will be subject to Our lending criteria and other lending policies
and may not be available to some Applicants. You will need to
satisfy Yourself that any Applicant would be eligible for any
You will be fully responsible for compliance with all regulatory
and legal requirements and with the Data Protection Act 1998. You
must notify Us immediately if You receive any notice of or becomes
aware of any regulatory concerns, investigation or other action.
You will notify Us immediately that any regulatory permissions,
registrations, licences or authorisations are withdrawn and shall
immediately cease using the Intermediary Website.
You Must not hold Yourself out as a Platform Partner, as our agent
or any other way indicate that You are acting on our behalf or have
any authority to bind Us.
12. Governing Law and Jurisdiction
These conditions, and Your use of the Intermediary 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.