Terms and Conditions for Genie Mortgage Sourcing Tool

These Terms and Conditions (the "Terms") govern your access to and use of the Genie mortgage sourcing tool (the "Service") provided by PM Data Services Ltd ("PMDS", "we", "us", or "our"), a company registered in England and Wales with company number 14495753, whose registered office is at Unit 7 Barberry Court, Burton-On-Trent, Staffordshire, United Kingdom, DE14 2UE.
By subscribing to or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a mortgage broker firm or other entity (the "Firm"), you represent that you have the authority to bind that Firm to these Terms. If you do not agree to these Terms, you must not access or use the Service.
These Terms are effective from the date of your first subscription or use of the Service (the "Effective Date").

1. Definitions

In these Terms, the following definitions apply:

Genie: The browser-based tool used for mortgage sourcing and related activities.
Account: The central account created for the Firm to manage access to the Service.
Account Owner: An individual who initially signs up to Genie or has been later assigned as such from within the Account.
Authorised User: An individual within the Firm who is granted a licence to access the Service under the Firm's Account.
Firm: The mortgage broker firm or entity subscribing to the Service.
Service: The Genie mortgage sourcing tool, including all associated software, data, and features provided by PMDS.
Subscription: The paid monthly or annual subscription granting access to the Service. A Subscription has a specific quantity of User Licences.
User Licence: A per-user licence that is allocated to a User from the Subscription that grants access to that user to access some or all the features of Genie.
User: Any individual accessing the Service, including the first subscriber and Authorised Users.

2. Subscription and Access

2.1 The Service is provided on a subscription basis, chargeable per User. Subscriptions may be paid monthly or as a single annual payment at the prevailing rates published by PMDS from time to time (the "Subscription Fees").
2.2 The first user (the "Account Owner") will create an Account for the Firm. User Licences are automatically allocated to users as they login. The Account Owner may deallocate licences from Users. The Account Administrator can alter the subscription to increase the quantity of available user licences, with each additional user licence requiring payment.
2.3 Only one Account per Firm is permitted. However, the Firm may have an unlimited number of internal Authorised Users, each subject to their own User Licence.
2.4 Users must not share their login details or credentials with any other individual. Each User is responsible for maintaining the confidentiality of their login information and for all activities that occur under their account.
2.5 PMDS reserves the right to suspend or terminate access to the Service if we:
• reasonably believe that login details have been shared in breach of these Terms
• if there is unauthorised use of the Service by a bot or other automated system
• if the volume of searches by a User exceeds the reasonable use for a single professional broker

3. Payment

3.1 Subscription Fees are payable in advance via the payment method specified during the subscription process.
3.2 All Subscription Fees are exclusive of any applicable taxes, including VAT, which will be added at the prevailing rate.
3.3 PMDS may adjust the prevailing Subscription Fees at any time upon providing at least 30 days' written notice to the Firm. Continued use of the Service after such notice constitutes acceptance of the revised fees.
3.4 If payment is not received by the due date, PMDS may suspend access to the Service until payment is made. Overdue payments may accrue interest at a rate of 4% above the Bank of England base rate from time to time.

4. Use of the Service

4.1 Subject to payment of the applicable Subscription Fees and compliance with these Terms, PMDS grants the Firm and its Authorised Users a non-exclusive, non-transferable, revocable licence to access and use the Service for internal business purposes related to mortgage sourcing.

4.2 Users must not:
• Copy, modify, or create derivative works of the Service or any part thereof.
• Reverse engineer, decompile, or disassemble the Service.
• Use the Service for any illegal or unauthorised purpose.
• Attempt to gain unauthorised access to any part of the Service or related systems.
4.3 The Firm is responsible for ensuring that all Authorised Users comply with these Terms.

5. Data Accuracy and Maintenance

5.1 PMDS will use reasonable endeavours to maintain the accuracy and currency of all data provided through the Service, including information on mortgage products, lending criteria, and affordability rules.
5.2 Notwithstanding clause 5.1, PMDS does not guarantee the completeness, accuracy, or availability of the data. The Service is provided on an "as is" and "as available" basis. Users are responsible for verifying any data obtained from the Service before relying on it in any decision-making process.
5.3 PMDS may update, modify, or temporarily suspend the Service for maintenance or improvements without notice, provided that we will use reasonable endeavours to minimise disruption.

6. Cancellation and Termination

6.1 The Firm may cancel the Service by providing at least 30 days' written notice to PMDS. Cancellation will take effect at the end of the current billing period (monthly or annual, as applicable).
6.2 Upon cancellation, all Subscriptions (including their User Licences) for the Firm will terminate, and access to the Service will cease. No refunds will be provided for any prepaid Subscription Fees unless required by law.
6.3 PMDS may terminate these Terms and the Firm's access to the Service immediately if:
• The Firm or any User breaches these Terms.
• Payment of Subscription Fees is not made when due.
• The Firm becomes insolvent or enters into any arrangement with creditors.
6.4 Upon termination, the Firm must cease all use of the Service, and PMDS may delete any data associated with the Account.

7. Intellectual Property

7.1 All intellectual property rights in the Service, including software, data, and content, are owned by PMDS or its licensors. Nothing in these Terms grants the Firm any ownership rights in the Service.
7.2 The Firm grants PMDS a non-exclusive, royalty-free licence to use any data inputted by Users for the purpose of providing and improving the Service, provided that such use complies with applicable data protection laws.

8. Liability

8.1 To the fullest extent permitted by law, PMDS shall not be liable for any indirect, consequential, special, or punitive losses, including loss of profits, data, or goodwill, arising from or in connection with these Terms or the Service.
8.2 PMDS's total liability under these Terms shall not exceed the total Subscription Fees paid by the Firm in the 12 months preceding the claim.
8.3 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under English law.

9. Data Protection

9.1 PMDS will process personal data in accordance with applicable data protection laws, including the UK GDPR. For details, please refer to our Privacy Policy.

9.2 The Firm warrants that it has all necessary consents to provide any personal data to PMDS through the Service.

10. General Provisions

10.1 These Terms constitute the entire agreement between the parties and supersede any prior agreements.
10.2 PMDS may assign these Terms without the Firm's consent. The Firm may not assign these Terms without PMDS's prior written consent.
10.3 If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force.
10.4 No waiver of any breach shall constitute a waiver of any subsequent breach.
10.5 Notices under these Terms must be in writing and may be sent by email to the addresses provided during subscription.

11. Governing Law and Jurisdiction

11.1 These Terms and any dispute arising from or in connection with them shall be governed by the laws of England and Wales.
11.2 The parties submit to the exclusive jurisdiction of the courts of England and Wales.
PMDS reserves the right to update these Terms from time to time. We will notify the Firm of material changes via email or through the Service. Continued use after such notification constitutes acceptance of the updated Terms.
If you have any questions about these Terms, please contact us at hello@pmdataservices.co.uk.