All Applications submitted by You to Us (whether they are submitted on paper or via TMW Online) will be processed by Us in accordance with the Terms of Business of which these terms and conditions form part.

1. DEFINITIONS

In these Terms of Business the following expressions shall have the meanings defined in this clause, except where the context otherwise requires:

'Application' means any and all applications submitted by You to Us on behalf of Your Client for a mortgage product from Us;
'Appointed Representative' means a person as defined by section 39(2) of the Financial Services and Markets Act 2000;
'Client' means Your Client (or Clients where more than one Client is applying) whom You are assisting with the completion of the Application;
'Mortgage Club' means a company or organisation which is a distribution or marketing aggregator of its club members and is not responsible for its club members’ compliance with any of the Regulatory Requirements;
'Mortgage Products' means those Mortgage Products made available to You by Us from time to time;
'Network' means a company or organisation which operates a network of mortgage brokerages whereby the company or organisation is directly authorised by the FCA, each of the mortgage brokerages are Appointed Representatives of the company or organisation and the company or organisation is responsible for the Regulatory Requirements relevant to the appointment of the Appointed Representatives;
'Online Terms' means the additional terms and conditions, use of information statement, and privacy policy that apply to Your use of TMW Online and which can be viewed when You log on to use TMW Online;
'Regulatory Requirements' means all applicable laws, rules, regulations, ordinances, directives, statutes, authorisations, permits, licences, notices, instructions, decrees, administrative practices, formal or informal guidance, or policies to which the parties are subject from time to time or publications of any government authority or any other relevant regulator (including for the avoidance of doubt the Prudential Regulation Authority's ("PRA") or the Financial Conduct Authority's ("FCA's") guidance, policies and publications relating to the FCA’s Treating Customers Fairly initiative), any judgment or judicial practice of any court. For the avoidance of doubt, this shall include but not be limited to the Financial Services and Markets Act 2000, the PRA Rulebook, the FCA Handbook (including the 'Mortgage and Home Finance Sourcebook' ("MCOB")), the Mortgage Credit Directive Order 2015, Data Protection Legislation, the Money Laundering Regulations 2007, the Terrorism Act 2000, the Bribery Act 2010, the Fraud Act 2006, the Proceeds of Crime Act 2002 and any subordinate legislation under these Acts as amended or updated from time to time;
'Terms of Business' means these terms, any and all Applications, where an Application is completed via TMW Online, the Online Terms and all other statements made and disclaimers submitted, as lawfully amended from time to time;
'TMW Online' means the online system through which, with Your Client’s consent, You may make an application for a mortgage product on Your Client’s behalf;
'You and Your' means the authorised person or authorised professional firm, including any agent or representative authorised to act on their behalf, who is acting as an intermediary and is processing the Application on behalf of a Client;
'We, Us, Our and TMW' means The Mortgage Works (UK) plc a public “Our” and “TMW” company limited by shares and registered in England and Wales (registered number 02222856) and whose registered office is at Nationwide House, Pipers Way, Swindon, Wiltshire, SN38 1NW.

2. RELATIONSHIP

 

3. AUTHORISATION REQUIREMENTS

4. YOUR OBLIGATIONS

You warrant and represent that:

5. MONEY LAUNDERING REGULATIONS

Subject always to the data protection requirements contained in clause 8, in connection with all transactions with Us, You hereby undertake that:

6. FEES

7. AUDIT

We, Our auditors, Our advisors and relevant regulatory authority shall have the right at any time or times, upon giving reasonable notice to You, to examine all files and records in Your possession, control or knowledge relating to these Terms of Business or to interview You or Your staff either by entering Your premises to access all such documentation and/or by Us or Our auditors requesting information and/or documentation from You. You shall comply and co-operate with all reasonable requests from Us or the relevant regulatory authority for information and/or documentation.

8.0 PERSONAL DATA

9. PAYMENT CARD INDUSTRY DATA SECURITY STANDARD (PCI DSS)

10. CONFIDENTIALITY

11. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the logos, trademarks any material (if any) supplied to You by Us belong to Us at all times. Other than by using the standard material supplied by Us for this purpose, You must not publish, circulate, issue or release any advertisement or literature relating to Our business or make use of Our name or logo or that any of Our group without previous written authorisation from Us.

12. BRIBERY ACT 2010

13. INDEMNITY AND INSURANCE

14. LIMITATION OF LIABILITY

15. TERMINATION

16. CONSEQUENCES OF TERMINATION

17. COMPLAINTS

18. GENERAL