The use and access of pages of the Internet Website of TMB ("TMB's Internet Website") is subject to the terms and conditions set out below. Please take a moment to read these terms and conditions carefully. By using or accessing any of TMB's Internet Website, you agree to be bound by the following terms and conditions.
Copyright
The copyright and material on TMB's Internet Website is owned by TMB and protected by the copyright laws of the United Kingdom. The material on TMB's Internet Website may only be used by those who access it from the United Kingdom and such users will be entitled to copy any such information for their own personal use but may not republish, redistribute, store or reproduce any such information in any manner, including without limitation electronic reproduction by "uploading" or "downloading" or "framing" for any other purpose whatsoever, without the prior written consent of TMB. Any unauthorised downloading, retransmission, or other copying or modification of any of the contents of TMB's Internet Website may be in breach of statutory or common law rights which could be the subject of legal action. TMB shall have no liability resulting from any unauthorised reproduction or use of the information on TMB's Internet Website. All rights not expressly granted herein are reserved by TMB.
Trade Marks
The rights (whether registered or unregistered) are reserved in and to all logos and word marks, other names, words, titles, phrases, logos, icons, graphics or designs to the pages of TMB's Internet Website used on TMB's Internet Website which are owned by Bank of Scotland , including, but without limitation, the logo for and words "The Mortgage Business (TMB)" are trade marks or trade names of Bank of Scotland whose rights are pending. Certain names, words, titles, phrases, logos, icons, graphics or designs to the pages of TMB's Internet Website may constitute trade names or unregistered trade marks of TMB. The display of any of the above trade names or trade marks on pages of TMB's Internet Website does not imply that any licence has been granted to any third party in respect of the same. All other product or company names and devices, logos, icons, graphics or designs referred to on the pages of TMB's Internet Website are the trade marks of their respective owners and are exhibited only in such a manner as is intended to be for the benefit of such trade mark owners and TMB intends no infringement of such trade marks. The appearance or absence of products, services, companies, organisations, home pages or other Websites on TMB's Internet Website does not imply any endorsement or non-endorsement thereof by TMB. All rights not expressly granted herein are reserved by TMB.
Liability for Damages
TMB shall not be liable for any direct or indirect, special, incidental or consequential damages, including the loss of profits (including, but not limited to foreseeable or direct loss of profit, which arise as a natural consequence from the event or omission giving rise to such claim), business revenue or goodwill arising from the use or access of or inability to use or access, interruption or availability of TMB's Internet Website, its operation or transmission, computer viruses, loss of or corruption to data or otherwise in respect of its use or the downloading or use of any software made available by TMB on TMB's Internet Website and TMB shall not be liable for and the user shall indemnify and keep indemnified on demand TMB from and against all claims, expenses, losses or liabilities (including professional fees and expenses) in connection with any claim by a third party relating to the use or downloading of the software or data or arising from such use or downloading. Any exclusions or limitations or restrictions of liability contained in these terms and conditions of use and access of TMB's Internet Website shall be subject to the qualification that nothing contained in any such exclusion or limitations or restrictions of liability shall operate to exclude or restrict any duty or liability of the TMB to any person which it has under the Financial Services AND Markets Act 2000 (as the same may be amended from time to time) (the "Act") or under the rules of any relevant self-regulating organisation (whether or not laid down by the self-regulating organisation itself), as altered, amended, added to or cancelled from time to time, which such organisation has power to enforce and to which the TMB is subject by virtue of its membership of the relevant self-regulating organisation.
Warranties
No warranty is given as to the accuracy or completeness of the content, the software, information, materials and functions (including without limitation, text, links and graphics) contained in TMB's Internet Website including, without limitation, text, graphics, links or other items. All of this information is are provided on an "as is" basis and excludes any warranty, representation, undertaking or condition whatsoever, express or implied, to the fullest extent permitted by law including but not limited to conditions or warranties of satisfactory quality, fitness for a particular purpose, accuracy, completeness, freedom from computer viruses or non-infringement of third party rights. TMB excludes any liability for any errors in or omissions from information, materials and functions included in TMB's Internet Website or any third party websites linked to or from TMB's Internet Website.
Jurisdiction
The TMB Internet Website is intended to be accessed only by persons located in the United Kingdom and TMB makes no representation that any information, materials or functions included in TMB's Internet Website are appropriate for use in any other jurisdiction. In addition the products, information and services advertised on TMB's Internet Website may not be available to persons resident outside the UK and TMB is not obliged to provide the products, information or services to such persons and reserves the right not to do so.
Security of Personal Data
TMB is concerned about the security of your personal information when using TMB's Internet Website. We have created this security statement to explain our information gathering and dissemination practices for TMB's Internet Website.
All personal data collected by TMB from TMB's Internet Website is intended to enable the processing of your request for information by TMB. By submitting information though TMB's Internet Website you are consenting to such use.
As the Internet is not a secure medium of communication, TMB cannot guarantee the security of any information you input onto TMB's Internet Website or send to us over the Internet. TMB is not, and will not be, responsible for any damages you or others may suffer as a result of the loss or breach of confidentiality of any such information.
What are cookies?
A cookie is a small piece of information which can be placed into your Internet browser by a website you may have visited. These can be retrieved at a later date by the website which originally placed the cookie.
Some cookies only last as long as you browse a particular website, and are deleted as soon as you move to another site. Other cookies are stored by your browser and later retrieved by that website when you visit it again. Typically this type of cookie could deliver a personalised welcome message since it will 'recognise' the user.
How We Use Cookies On Our Website
TMB does not transmit 'cookies' or other data from it's Internet Website to your computer.
Links to other Websites
The provision by TMB of a link to a third party website does not constitute any authorisation by TMB to the user to access material held at that location, nor is it evidence of any endorsement by TMB of the material held there. TMB accepts no responsibility or liability for the privacy of your personal information on such websites, as these are beyond our control. TMB will accept no responsibility or liability in respect of any information, materials or functions (including without limitation, text, links and graphics) on any third party website linked to or from TMB's Internet Website or in respect of third party information made available on the TMB Internet Website.
Accessing/Using TMB's Internet Website
TMB's Internet Website is designed to be accessed via its principal homepages, and not directly to individual pages. If you access individual pages directly, you may not see important information and warnings which are relevant to our products and services and TMB generally. As you use TMB's Internet Website, you will find words in the text which are a different colour from the normal text and are underlined. These are links or shortcuts to other pages and if you click on them they will take you to those pages. A number of these links refer you to important legal or regulatory information which should be read in conjunction with the text in which the link appears. TMB accepts no responsibility or liability for improper use of TMB's Internet Website. Unless the contrary is explicitly stated in the case of any product or service, TMB's Internet Website contains only a summary of the information relating to the products and services referred to on TMB's Internet Website. Therefore, if you are interested in finding out all of the information in relation to any of the products or services, you should seek further information from TMB by any of the methods indicated on the pages describing the products and services.
Nothing on TMB's Internet Website is intended to constitute advice to you.
TMB's Internet Website Feedback Facility
TMB's Internet Website has been extensively tested and we hope that it works properly at all times. However, if you experience a problem at any time, please return to the homepage from where you entered TMB's Internet Website and try again. It would be very helpful if you could report any problems to us by sending an email via the Website feedback facility available within "Contact Us".
Enforceability
In the event any provision of these terms and conditions of use and access of TMB's Internet Website is held unenforceable, it will not affect the validity and enforceability of the remaining provisions and will be replaced by an enforceable provision, the meaning of which comes closest to the intention underlying the unenforceable provision.
Reliability of Information
Information and content provided on TMB's Internet Website is believed to be correct at the time of posting on TMB's Internet Website. However, TMB cannot guarantee that information and content will be accurate, complete and current at all times. All information on TMB's Internet Website is subject to modification from time to time without notice. It is your responsibility to check the accuracy and completeness of the information and content before relying on it in any way. Your use of the information content (for any reason) is at your sole risk. It would be very helpful if you could report to us any concerns you have regarding any information or content on TMB's Internet Website by sending an email via the Website feedback facility referred to above.
Changes to these Terms and Conditions and TMB's Internet Website.
TMB may modify these terms and conditions and/or any of the content of TMB's Internet Website from time to time and accordingly you are advised to keep up-to-date with the changes by regularly revisiting and refreshing any cached copy of TMB's Internet Website and these terms and conditions.
Governing Laws
The terms and conditions of use and access of TMB's Internet Website shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Registered Office
The Mortgage Business plc, Registered in England No. 1997277. Registered Office: Bridge House, Queens Park Road, Chester, CH4 7AD
