Website Terms and Conditions
This document sets out the terms and conditions (‘Terms’) governing your use of this website, including portal.intermediaries.hsbc.co.uk (the 'Portal') (together the 'Site'). Use of the Site includes accessing, browsing or registering to use the Site.
The information provided on the Site is for the exclusive use of FCA authorised mortgage intermediaries.
The Site is operated by and has been approved for issue in the UK by HSBC UK Bank plc, which is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. It is listed with the registration number 765112. HSBC UK Bank plc is a company incorporated under the laws of England and Wales with company registration number 9928412 and its registered office at 1 Centenary Square, Birmingham, B1 1HQ. HSBC UK Bank plc's registered VAT Number is GB 365684514.
HSBC UK Bank plc is a member of the Financial Ombudsman Scheme and subscribes to the Standards of Lending Practice. More detail about this is available on the Lending Standards Board website. For information about accounts and other products you can refer to the Money Advice Service section on the Financial Conduct Authority (‘FCA’) website.
In these Terms:
‘applicant(s)’ means any potential or actual applicant applying for a mortgage offered by us through you, as the intermediary
'content' means all pages, screens, information and materials included in or accessible through this Site (including any content available on any email or SMS services);
'HSBC Group' means HSBC Holdings plc, its subsidiaries and associated companies from time to time;
'Terms' means these site terms and privacy statement as updated from time to time under clause 1.2;
'we', 'us' and 'our' means HSBC UK Bank plc
'you', 'your' and 'yours' means you, the person(s) accessing this Site as the intermediary
- Site Terms
- 1.11These Terms, together with the Introducer Agreement, cover your use of this Site and explain how you may use this Site. All products and services provided by members of the HSBC Group have their own terms and conditions (the 'Product Terms'). You must ensure that applicants read the relevant Product Terms, as well as our privacy notice before you submit their application.
- 1.3The products and services advertised on this Site are subject to availability and may be withdrawn or amended at any time without notice.
- 1.4The Site is available only to registered intermediaries.
- 2.1You are responsible for providing applicants with an appropriate privacy notice and for obtaining any relevant consents prior to collecting their information for submission on the Portal.
- 2.2You are responsible for advising applicants that data will be transmitted electronically and that you may track progress of their application electronically, and for ensuring that the applicants receive the privacy notice that contains information about how their personal information will be processed and shared by us and the HSBC Group.
- 2.3You confirm that you have collected (and uploaded to the Portal) any applicant data, fairly and lawfully and otherwise in accordance with data protection laws.
- Information not recommendation
- 3.1Information or opinions contained on this Site do not constitute an offer to sell or a solicitation, or offer to buy, any securities or financial instruments or investment advice or any advice or recommendation in respect of such securities or other financial instruments.
- 3.2You are responsible for your actions and for providing proper advice to applicants in accordance with applicable law and the terms of the Introducer Agreement, including (but not limited to) in relation to the suitability of our products and services and any other advice you give about their application. We do not guarantee that the products and services advertised on the Site will be suitable for any applicant.
- 3.3We reserve the right to reject any application submitted by you on behalf of the applicants without any explanation.
- Users of the site
- 4.1The Site is currently intended for use by FCA authorised mortgage intermediaries within the United Kingdom only. Because of this we cannot guarantee that the Site or the information thereon complies with law or regulation outside of the United Kingdom, or is appropriate for use in other places or by applicants. If you choose to enter the Site from outside your country of residence, you are advised that it may not be legal in that jurisdiction for you to access or use the facilities available on the Site and the legal requirements of that jurisdiction may prohibit you from dealing or otherwise transacting in that jurisdiction. No member of the HSBC Group will be liable for any breach of local law or regulation that you may commit as a result of using and accessing the Site from a country in which you are not resident.
- 4.2You are wholly responsible for use of the Site by any person using your computer and you must ensure that any such person complies with these Terms. You must treat your Portal login details as confidential and tell us immediately if you know or suspect that anyone knows your details or your details are being (or have been) used fraudulently. We reserve the right to disable your Portal login details if, in our reasonable opinion, you fail to comply with these Terms. You will be liable for any losses arising as a result of the misuse of your Portal login details.
- 4.3Products or services on this Site do not constitute an offer or recommendation of any products or services provided by any of the HSBC Group members. The information provided on this Site is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation. This Site should not be considered as communicating any invitation or inducement to engage in banking or investment activity or any offer to buy or sell any securities or other instruments outside any jurisdictions where HSBC UK Bank plc is licensed or authorised to perform such activities (the 'Authorised Countries').
- 4.4Not all the products and services that you may be able to view via this Site may be available in all geographical locations served by HSBC Group members. You should access only the local site(s) associated with your country of residence ('Your Local Site'). Products and services discussed outside Your Local Site may not be available in your jurisdiction of residence or in the Authorised Countries and may not be appropriate for the applicants. Your use of this Site is subject to the applicable laws and regulations of any relevant jurisdiction. HSBC Group members may decline to provide applicants with products and services subject to status.
- 4.5Products discussed on this Site may not have been registered or authorised by any central bank, governmental or regulatory authority in the Authorised Countries or in the country of the applicant's residence. Accordingly, they may not have the benefit of protection from the securities laws, banking laws and other relevant laws and regulations of their country of residence with respect to products or services referred to on or through this Site.
- 4.6No representation is given that any securities, products, or services discussed in or accessible through this Site are suitable for any applicant. You acknowledge that your use of this Site and any requests for information you or the applicant have made as a result of visiting this Site are not the result of an offer made by HSBC UK Bank plc or another HSBC Group company and that the provision of any information through this Site shall not constitute or be considered investment or financial advice.
- Availability of Site
- 5.1The content, including layout, of this Site, the Portal or services available via this Site may be wholly or partially suspended, withdrawn or changed at any time.
- 5.2We also reserve the right to suspend the provision of all or any part of the Portal to you immediately and/or block your access to the Portal in any of the following situations:
- 5.2.1If you have seriously or persistently breached or failed to observe any of these Terms or any provision of the Introducer Agreement including where:
- 220.127.116.11you are, or we reasonably suspect that you may be, using or obtaining or allowing someone else to use or obtain an account, service or money illegally;
- 18.104.22.168you are using, or we reasonably suspect that you are using, the Portal for an illegal purpose;
- 22.214.171.124you are, or we reasonably suspect you may be, acting fraudulently; or
- 126.96.36.199we suspect that an unauthorised person is attempting to access the Portal using your security details such as your Portal username and password;
- 5.2.2If we reasonably consider that by continuing to provide you with access to the Portal:
- 188.8.131.52we may break a law, regulation, code, court order or other duty; or
- 184.108.40.206we, or another HSBC Group company, may be exposed to action or censure from any government regulatory or law enforcement agency; or
- 5.2.3Where we have, or a member of the HSBC Group has, suspicions regarding financial crime or an associated risk.
- 5.2.1If you have seriously or persistently breached or failed to observe any of these Terms or any provision of the Introducer Agreement including where:
- Your obligations
- 6.1In accessing and using the Portal you will:
- 6.1.1Comply with the terms of the Introducer Agreement;
- 6.1.2Comply with all laws, regulations, rules, duties, and obligations (whether or not originating in the United Kingdom) which apply from time to time to, or are relevant in connection with, these Terms and the operation of your business;
- 6.1.3Comply with all relevant requirements and provisions of any present or future legislation, regulations, or codes of practice;
- 6.1.4Cooperate in any audit of us by the FCA, the Prudential Regulation Authority ('PRA'), Her Majesty's Revenue and Customs, 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 they may require and giving them such assistance in connection with any investigation or audit as you are reasonably able to give; and
- 6.1.5Hold all necessary authorisations, permissions, registrations, licences and similar instruments required under applicable law to carry out all activities under these Terms and the Introducer Agreement.
- 6.2You must not do, or omit to do, anything which will or may:
- 6.2.1Affect any authorisation, licence, consent or permission necessary or desirable for the conduct of our business or your business; or
- 6.2.2Cause us to breach any laws, regulations, rules, codes of practice, duties, obligations or other requirements which may from time to time be relevant.
- 6.3We may undertake such monitoring as we consider appropriate to satisfy any obligations imposed on us by the FCA, PRA or any other regulator.
- 6.4Security - it is your sole responsibility adequately to:
- 6.4.1protect and back up your data and equipment;
- 6.4.2undertake reasonable and appropriate precautions against any computer virus or other destructive materials or elements; and
- 6.4.2ensure that your devices and your access to the Portal are adequately secured against any unauthorised users.
- 6.5Your use of this Site - you may not use this Site or permit others to use this Site:
- 6.5.1for any purpose which is unlawful, defamatory or libelous, offensive, abusive, indecent, menacing or threatening or in any way that infringes any intellectual property rights or breaches any obligations of confidence;
- 6.5.2to cause annoyance, inconvenience or needless anxiety to any other person or in any other way which is in violation of any applicable law or regulation in any jurisdiction in the world;
- 6.5.3to introduce a virus or malware or other disruptive material or element or otherwise disrupt or impair this Site or any communication service;
- 6.5.4to commit any act of fraud;
- 6.5.5for purposes of promoting unsolicited advertising or sending spam;
- 6.5.6to disrupt the operation of this Site or the business of HSBC Group;
- 6.5.7to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; or
- 6.5.8to gain unauthorised access to or use of computers, data, systems, accounts or networks.
- 6.1In accessing and using the Portal you will:
- No warranties
- 7.1The following clauses exclude or limit our legal liability for the Site. You should read them carefully. They all apply only as far as the law permits, and in particular we do not exclude or restrict our duties and liabilities to you or any applicant under the Financial Services Act 2012 (the 'Act'), or the rules of the FCA for the conduct of business.
- 7.2While we have taken reasonable steps to ensure the accuracy, currency, availability correctness and completeness of the information contained on the Site, information is provided on an 'as is', 'as available' basis and we do not give or make any warranty or representation of any kind, whether express or implied. The use of the Site is at your sole risk. To the extent permitted by law and subject to clause 7.14, we shall not be liable for any loss or damage whatsoever and howsoever arising (whether in tort, contract, negligence or otherwise and whether direct, indirect or consequential) as a result of your or any applicant's use of the Site, or use of or reliance on the information contained on the Site to the maximum extent permitted by law.
- 7.3We do not represent or warrant that the Site will be available and meet your or any applicant's requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
- 7.4We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Site.
- 7.5You agree to indemnify us for all direct and indirect losses we incur as a result of your use of the Site other than in accordance with these Terms.
- 7.6To the extent permitted by law and notwithstanding the other sub-clauses within this clause 7, neither we nor any member of the HSBC Group shall be liable for any damage, loss or liability (whether arising in contract, tort, including negligence, or otherwise) arising out of or in connection with:
- 7.6.1your use of this Site;
- 7.6.2your reliance on or your inability to use the information, products or services on this Site; or
- 7.6.3any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure to this Site or your use or attempted use of it.
- 7.7The above exclusions apply to any damage which is direct, indirect, special, incidental or consequential or consists of loss of profits, business, opportunity or data.
- 7.8All of the above exclusions apply even if you have advised us or any other member of the HSBC Group of the possibility of the above types of damage, loss or liability.
- 7.9We will take reasonable care to ensure that any information provided to you by the Site is an accurate reflection of the information contained in our computer systems or, where the information is provided by a third party, accurately reflects the information we receive from that third party. Where information provided via the Site is beyond our reasonable control (for example, it is provided by a third party), we cannot guarantee that it is accurate or error free. We also may explain in the Site's screens that certain information is provided subject to certain restrictions, or on a specific basis (for example, it is only accurate as at a certain date). If we do this and you rely on the information, you do so subject to those restrictions or the basis on which the information is provided.
- 7.10We will not be responsible for any loss of or damage to your data, software, computer, telecommunications or other equipment caused by you using the Site unless such loss or damage is directly and solely caused by our negligence or deliberate default.
- 7.11Unless we have specifically agreed with you otherwise, we shall have no liability for:
- 7.11.1any equipment, software or associated user documentation which any person other than us produces at any time for use, or which can be used, in connection with the Site; and
- 7.11.2any services through which you access the Site or which you access through the Site which are not controlled by us.
- 7.12We shall not be responsible to you if we fail to comply with any of these Terms or you suffer any loss:
- 7.12.1due to abnormal and unforeseen circumstances beyond our control, the consequences of which would have been unavoidable despite all efforts to the contrary; or
- 7.12.2where this is due to our obligations under European or national law.
- 7.13We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, breakdown of systems or network access.
- 7.14Nothing in this clause 7 shall serve to limit or exclude our liability for fraudulent misrepresentation or death or personal injury, in each case caused by our negligence.
- Passwords and security
- 8.1In order to use the Portal, you may be required to become a registered user. In order to become a registered user we will issue you with one or more of the following, namely, registered username, password, security device, other security identifier in accordance with our procedures in place from time to time.
- 8.2You must take all reasonable precautions to keep safe and prevent fraudulent use of your security details (this will include your username, PINs, password and other security information) to access the Portal. You will keep your password secret and confidential at all times. Your password will allow you to access personal and confidential account and/or financial information. These precautions include, but are not limited to the following:
- 8.2.1never writing down or otherwise recording your password or security information in a way that can be understood by someone else;
- 8.2.2not choosing security details that may be easy to guess;
- 8.2.3taking care to ensure that no one hears or sees your security details when you use them;
- 8.2.4keeping your security details unique to the Portal;
- 8.2.5never telling your security details to anyone else including our staff;
- 8.2.6changing your security details immediately and telling us as soon as possible if you know, or even suspect, that someone else knows any of those details, or if we ask you to;
- 8.2.7complying with all reasonable instructions we issue regarding keeping your security details safe;
- 8.2.8never recording your password on any software which retains it automatically (for example any computer screen prompts or 'save password' feature or the like on your internet browser);
- 8.2.9keeping your computer or other device secure by using anti-virus and anti-spyware software and a personal firewall;
- 8.2.10never going to website login page directly from a link in an email and entering security or other details - always access the Portal by typing in the address to your web browser, unless retaining your password or security details is a specific function of a banking service provided by us;
- 8.2.11never accessing the Portal from any device connected to any public internet access device or access point (for example, at an internet cafe);
- 8.2.12once you have logged on to the Portal, not leaving the device from which you have accessed it unattended or letting anyone else use that device until you have logged off;
- 8.2.13following all security measures recommended by the manufacturer of the device you use to access the Portal; and
- 8.2.14keeping your password in a safe place at all times.
- 8.3You agree to tell us immediately of any unauthorised access to the Portal using your password or any unauthorised transaction or instruction which you know of or suspect of if you suspect someone else knows your password. We will need you to help us and any law enforcement agency in trying to recover any losses or otherwise deal with the result of such access. We may disclose information about you or your Portal account to a law enforcement agency or other third parties if we think it will help prevent or recover losses, including the loss or unauthorised access to personal data.
- 8.4You are wholly responsible for use of the Portal by any person using your password.
- 8.5If asked, you must confirm in writing the loss or theft of your security details.
- 8.6We will ask you to co-operate with us and the police in relation to any investigation into the actual or suspected misuse of your passwords, PIN(s), security details and/ or accounts.
- Third party sites and endorsements
- 9.1Where we provide hypertext links to other locations on the Internet, we do so for information purposes only. We are not responsible for the content of any other websites or pages linked from or linking to this Site. We have not verified the content of any such websites. Following links to any other websites or pages shall be at your own risk and we shall not be responsible or liable for any damages or in other way in connection with linking. When you access or link to any other website, please read the terms and privacy notice issued by such other website to determine the policies that apply to information or data maintained by that website.
- 9.2Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
- 9.3No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any information on our Site.
- Trade marks and copyright
- 10.1Copyright in the pages screens, information and material in their arrangement included in this Site and all intellectual property rights in it including but not limited to any content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
- 10.2Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You may imprint, copy, download or temporarily store extracts from our Site for your information or when you discuss our products and services with applicants. You must not alter anything, and agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
- 10.3Any other use is prohibited unless you first get our written permission. In particular no one may use a part of our Site on any other website, or link any other website to our Site, without our prior written permission.
- 10.4The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.
- Links to our site
- 11.1Neither you nor any other party may use any part of this Site on any other website, or link any other website to this Site, without our prior written permission.
- 11.2We are not responsible for the set up of any link from a third party website to our Site.
- 11.3Neither you nor any other party may deep link to, frame, spider, harvest or scrape the Content or otherwise access the Content for any purposes, or use any machine, electronic, web based or similar device to read or extract the content by machine based or automated means, without our prior written permission.
- Internet e-mail
- Governing law
- 14.1No delay by either party in enforcing the provisions of these Terms will prejudice or restrict the rights of that party nor will any waiver of its right operate as a waiver of any subsequent breach and no right, power or remedy conferred on or reserved for either party is exclusive of any other right, power or remedy available to that party and each such right, power or remedy will be cumulative.
- 14.2The illegality, invalidity or unenforceability of any of these Terms will not affect the legality, validity or enforceability of the other Terms.
- 14.3Headings are used in these Terms for convenience only and will not affect their enforceability.
- 14.4No one other than a party to these Terms has any right to enforce any of these Terms
- Your queries
Messages sent over the Internet cannot be guaranteed to be completely secure as they are subject to possible interception or loss or possible alteration. We are not responsible for them and will not be liable to you, an applicant or anyone else for any damages or otherwise in connection with any message sent by you to us or any message sent by us to you over the internet.
The Terms are governed by and interpreted in accordance with the laws of England and Wales and the courts of the above jurisdiction will have non-exclusive jurisdiction in respect of any dispute, which may arise.
If you wish to contact us, please refer to the Contact Us link which can be found on each page of the site.