UK Finance Limited a company incorporated in England and Wales with company number 10250295 and with its registered office at 1 Angel Court, London, England, EC2R 7HJ ("UK Finance", "we", "us") provides access to the Mortgage Lenders’ Handbook (“Handbook”). 

The following terms and conditions ("Terms") apply to you (where you are acting for a Lender) and your use of the Service. 

Please read these Terms carefully. By using the Service at any time, you confirm that you agree (and you will be treated as though you have agreed) to these Terms (as they are in force at that time).

Note:
If you would like to learn more about how we address and reduce the risk of illegal content on the Service, please see Clause 7.

1. Definitions

1.1 For the purposes of these Terms:

“Lender” means the firm who provides Lender Content on the Handbook and for whom you work and/or represent.

“Lender Content” means any material, data, content or other information posted, uploaded, or otherwise made available by you on behalf of the Lender, on the MLH Website including in relation to part 2 of the Handbook, whether on, before or after the you have agreed to these Terms.

“MLH Website” means the digital platform through which the Handbook is made available to conveyancers and other users from time to time.

“Purpose” means the uploading of Lender Content for the purpose of populating and updating the relevant sections of part 2 of the Handbook that relate solely to such Lender.

“Service” means the service provided by UK Finance which enables you to access the MLH Website in order to upload Lender Content directly on the MLH Website for the Purpose.

2. How to contact us and how we will contact you

2.1 You can contact us via email at: [email protected].

2.2 We will contact you using the email address with which you register when opening an account on the Service.   

3. Information about you and your privacy

3.1 Your privacy is important to us. You should read our Privacy Policy to understand how we collect, use and share information about you available at: https://beta-lendershandbook.ukfinance.org.uk/privacy-notice. You should also read our Cookie Policy at https://beta-lendershandbook.ukfinance.org.uk/cookie-policy to understand how we use cookies within the Service.

3.2 To ensure quality, and in order for us to improve the Service and monitor compliance with the Terms (the “Permitted Usage”) we collect data arising from your use of the Service including, without limitation, activity logs, internet protocol (IP) address, login data, browser type, time zone, and operating system (“User Data”). User Data may be generated or derived automatically by the Service, or manually.

3.3 For the avoidance of doubt, we will use User Data for the Permitted Usage only and will only share the User Data with our employees, officers and third parties such as our subcontractors (including, without limitation, our website hosting provider), representatives and advisers only to the extent required for the Permitted Usage.

4. Your Account 

4.1 In order to use the Service you must have completed the registration process and have opened an account on the Service. 

4.2 You shall treat your username and password as confidential information. You are responsible for all activities that occur under such username and password, regardless of whether the activities are authorised or undertaken by you.

4.3 You shall take all reasonable steps to prevent unauthorised access to and use of the Service and shall notify UK Finance as soon as practicable after you become aware of any such unauthorised access and use.

4.4 Support requests in relation to the Service should be sent by email to [email protected] where they will be logged.

4.5 We shall use reasonable endeavours to notify you or the Lender in advance of scheduled maintenance, but you acknowledge that you may receive no advance notification for downtime caused by emergency maintenance. 

5. Use of the Service and the Handbook

5.1 You may only use or access the Service for the Purpose, except as otherwise expressly provided in these Terms.

5.2 Your permission to use the Service is given to you personally.  You are not allowed to transfer the Service to anyone else, for free or for money. 

5.3 You acknowledge and agree that reasonable skill and care in accordance with good industry practice must be used when using the Service.

5.4 Except as expressly provided in the Terms, you shall not (other than in respect of your Lender Content):

5.5 UK Finance is always innovating and finding ways to improve the Service with new features and services. Therefore, the Service may change from time to time, and no commitment is given in relation to the continuity of its functionalities.

6. Lender Content

6.1 We are not required to verify the accuracy, completeness, legality or suitability of Lender Content before making it available as part of the Handbook, including through the MLH Website (although we reserve the right to moderate Lender Content in accordance with Clause 7.6.3 below).

7. Illegal content

7.1 Illegal content includes:

7.1.1 Terrorism content (including content that constitutes an offence under terrorism legislation);

7.1.2 Child sexual exploitation and abuse content (“CSEA content”); and

7.1.3 Content relating to assisting suicide, threats to kill, public order offences, harassment, stalking and fear or provocation of violence, drugs and psychoactive substances, firearms and other weapons, assisting illegal immigration, human trafficking, sexual exploitation, sexual images, proceeds of crime, fraud, financial services, foreign interference, animal welfare and offences relating to being involved in committing any of these offences.

7.2 You shall not, post, upload, or otherwise make available any illegal content through the MLH Website, including in connection with any content made available by you on behalf of the Lender for inclusion in part 2 of the Handbook.

7.3 You shall notify UK Finance as soon as reasonably practicable if you become aware of, or reasonably suspect, any illegal content has been posted, uploaded or otherwise made available by you on behalf of the Lender. You shall provide UK Finance with such reasonable assistance and information as UK Finance may require to promptly investigate and remove such content.

7.4 The following provisions set out what UK Finance does to protect you from illegal content as described above. 

7.5 UK Finance operates proportionate systems and processes designed to:

7.5.1 prevent you from encountering illegal content on the Service; and

7.5.2 minimise the length of time for which any such content is present on the Service.

7.6 Such systems and processes include:

7.6.1 restricting content posting rights to a defined list of mortgage lenders;

7.6.2 imposing contractual obligations on mortgage lenders in relation to the content posted, uploaded or made available by you, including those set out in Clause 7.2 and 7.3 of these Terms;

7.6.3 content moderation and review processes (including automated and/or manual review);

7.6.4 mechanisms enabling Authorised Users to report suspected illegal or non-compliant content;

7.6.5 risk assessment and mitigation measures in respect of user-uploaded content; and

7.6.6 suspension, restriction or removal of content and/or user accounts.

7.7 You can report or complain about the following content and behaviours by emailing us at [email protected]:

7.7.1 content you consider to be illegal;

7.7.2 when you think we are not dealing with illegal content or activity as we should;

7.7.3 where you think our content reporting systems and processes do not easily let users report content they believe to be illegal;

7.7.4 when you think we have insufficiently considered the importance of protecting users' rights to freedom of expression or privacy;

7.7.5 where your content has been taken down on the basis that it is illegal (this is only relevant if the Service allows you to generate, share or upload content);

7.7.6 where we have given you a warning, suspended, banned or restricted you in any way as a result of your content which we consider to be illegal content; or

7.7.7 technology we use results in your content being taken down, access-restricted or deprioritised and you think the technology has been used in a way not set out in our Terms (this is only relevant if the Service allows you to generate, share or upload content).

7.8 We will handle your report or complaint in accordance with our Complaints Handling Policy.

7.9 Without prejudice to any other rights or remedies available to UK Finance, UK Finance may disable your access or refuse to publish any content where UK Finance reasonably considers that such content is or may be illegal content, or where such action is necessary or desirable to comply with applicable law, regulatory guidance or UK Finance’s policies and procedures. 

7.10 If UK Finance restricts access to any Lender Content or other content you generate or upload to or share on the Service in a way that breaches these Terms, you have a right to bring a claim against UK Finance for breach of contract.

7.11 If we suspend or ban you from using our Service in a way that breaches these Terms, you have a right to bring a claim against us for breach of contract.

8. Restrictions on your use of the Service

8.1 You shall:

8.1.1 not use the Service or Handbook for any purpose contrary to any law or regulation or any regulatory code, guidance or request;

8.1.2 except to the extent permitted by any applicable law, not copy, modify, decompile, reverse engineer or create derivative works from any software forming part of the Service; 

8.1.3 not do anything which may damage the reputation of UK Finance, the Handbook or the Service, including by way of using the Service (wholly or in part) in any manner which is pornographic, racist or that incites religious hatred or violence;

8.1.4 not use the Service to knowingly access, store, distribute or transmit or prepare for distribution or transmission any virus or malware; 

8.1.5 not use the Service in a manner that is illegal or causes damage or injury to any person or property (including dealing in, accessing, storing, distributing, transmitting or preparing for distribution or transmission any illegal content (as described in Clause 7), or to infringe any intellectual property rights of any person; 

8.1.6 not interfere with or attempt to interfere with or compromise the Service’s integrity or security; and

8.1.7 not use the Service for the distribution or transmission of any illegal content, or otherwise in breach of Clause 7. 

8.2 To the extent you import, download or share content with others, or to your own personal devices or email address, you are not allowed to use the Service:

8.2.1 to access or send any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or that comprises illegal content as described in Clause 7 above; 

8.2.2 in a manner that is illegal or causes damage or injury to any person or property; 

8.2.3 to infringe any intellectual property of any person; or

8.2.4 to access or send transmit, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (‘spam’).

8.3 To the extent that you elect to incorporate, use or enable the use of any artificial intelligence (“AI”) technology in connection with your use of the Service pursuant to Clause 5, you shall do so in compliance with all applicable law and regulation and with all relevant industry standard policies and procedures for the ethical and responsible use of AI technology.

9. Disclaimers

9.1 We try to make sure that the Service is free from bugs and viruses, but we do not guarantee that it will be. Furthermore, we cannot guarantee that the Service will be fit or suitable for any purpose, and the Service is provided on an “AS IS” and “AS AVAILABLE” basis.

9.2 UK Finance will not be responsible for any interruptions, delays, failures or non-availability affecting the Service which are caused by third party services (other than UK Finance’s own subcontractors), or errors or bugs in software, hardware or the internet on which UK Finance relies to provide the Service and you acknowledge that UK Finance does not control such third party services and that such errors and bugs are inherent in the use of such software, hardware and the Internet.

9.3 We are not responsible for procuring, maintaining and securing all network connections and telecommunications links necessary for you to access the Service.

9.4 If your access to the Service is suspended or terminated for any reason, UK Finance shall not be required to provide you with the Service or Handbook or any product, service or solution relating to the Handbook.

9.5 To the maximum extent permitted by law, UK Finance shall have no liability to you or the Lender for loss or damage arising from:

9.5.1 incorrect or unauthorised operation or use of the Service or the Handbook by you;

9.5.2 any modification of the Service or Handbook (other than that undertaken by UK Finance or at its direction); or

9.5.3 any breach of the Terms by you.

9.6 UK Finance is not responsible or liable for any use by you of the Service or Handbook in conjunction with any AI technologies.

9.7 All representations, warranties, conditions, and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.

10. Limitation of Liability

10.1 Nothing in these Terms excludes or limits in any way our liability to you where it would be unlawful to do so under applicable law. This includes death, personal injury, fraud or fraudulent misrepresentation caused by our negligence or the negligence of our employees, agents or subcontractors.

10.2 Subject to Clause 10.1, we shall not be liable for any direct, indirect or consequential loss or damage (including, without limitation, damages for loss of business or loss of profits, income or revenue), costs or expenses of any kind arising out of, or in connection with your, or your respective clients, use or inability to use the Service, or in connection with any error, omission, defect, computer virus or system failure, and regardless of whether we were made aware or ought to have been aware of the possibility of such losses.

11. Termination or Suspension by us

11.1 Without affecting any other right or remedy available to us, we may suspend or end your use of and access to the Service (or any part) by notice with immediate effect, or such longer notice as we may elect to give including circumstances where: 

11.1.1 we suspect that there has been any misuse of the Service or breach of the Terms by you and/or the Lender;

11.1.2 we are required by law, by court or governmental or regulatory order; or

11.1.3 you and/or the Lender is in breach of applicable law, Clause 8, or infringe our intellectual property rights in the Service or the MLH Website.

11.2 Without prejudice to its rights under this Clause 11, UK Finance will take steps to investigate any issue arising in connection with Clause 11.1 and may restore or continue to suspend access at UK Finance’s sole discretion.

12. Changes to these Terms

12.1 We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on the Service. By continuing to use and access the Service following such changes, you agree to be bound by them. Otherwise, no changes to these Terms shall be valid unless they are signed and agreed in writing by both parties.

13. Intellectual Property

13.1 All intellectual property rights in the Service and the MLH Website are the property of UK Finance or our licensors. 

13.2 We acknowledge that all intellectual property rights in the Lender Content is the property of the Lender.

14. General

14.1 These Terms do not give rise to any rights for any third parties.

14.2 Each of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Terms will remain in full force and effect.

14.3 No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.

14.4 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.

14.5 These Terms shall be governed and construed in accordance with English law. 

14.6 You and we irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation.