Terms of Service

Last updated: April 2025

1. Introduction

These Terms of Service (“Terms”) govern your access to and use of the Own New Partner Portal (the “Platform”), operated by Market Mortgage Ltd (trading as Own New), a company registered in England & Wales with Company number 10821229 (“Own New”, “we”, “us”, or “our”).

The Platform is a B2B software-as-a-service tool that enables property developers (“Builders”) and mortgage brokers (“Brokers”) to manage new-build mortgage referrals and related partnership activities under the Own New scheme.

By logging in to the Platform — whether by entering a one-time passcode or otherwise — you confirm that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy, and our Cookie Policy. If you do not agree, you must not access or use the Platform.

2. Definitions

In these Terms, the following words have the meanings given:

• Platform — the Own New Partner Portal, including all software, interfaces, APIs, and content made available by Own New at this domain.
• Partner — any organisation (Builder or Broker firm) that has been approved by Own New to participate in the Own New scheme and whose authorised users access the Platform.
• Builder — a property developer who lists developments and new-build plots on the Platform and receives mortgage referral leads.
• Broker — a mortgage brokerage or directly authorised firm that is regulated by the Financial Conduct Authority (FCA) and handles mortgage enquiries for Borrowers referred through the Platform.
• User — any individual with an account on the Platform, acting on behalf of a Partner organisation.
• Lead — a record on the Platform representing a homebuyer or prospective buyer who has expressed interest in a new-build property under the Own New scheme.
• Borrower — the homebuyer or prospective buyer whose personal and financial information is captured in a Lead record.
• Services — all features and functionality provided through the Platform, including lead management, mortgage rate display, co-branded marketing materials, analytics, and reporting.

3. Eligibility and Registration

Access to the Platform is restricted to authorised Partners and their nominated Users. To register:

• You must use a valid work email address associated with your organisation’s registered domain. Personal email addresses (such as Gmail, Hotmail, or similar) are not permitted.
• Your organisation must be approved by Own New prior to access. Approval is determined by Own New in its sole discretion.
• Brokers must be authorised and regulated by the FCA. By registering as a Broker, you represent and warrant that your firm holds and will maintain the appropriate FCA authorisation throughout your use of the Platform.
• Authentication is via email one-time passcode (OTP) only. There are no passwords. You are responsible for ensuring access to your email account is secure.
• Each User account is personal and must not be shared with or transferred to any other individual.

4. Partner Obligations

As a Partner and User of the Platform, you agree to:

• Comply with all applicable laws and regulations, including (where applicable) FCA rules and guidance, UK GDPR, the Data Protection Act 2018, and the Consumer Duty.
• Ensure that all information you provide on the Platform — including development listings, contact details, and lead data — is accurate, complete, and kept up to date.
• Use Lead data solely for the purpose of managing mortgage referrals under the Own New scheme, and not for any other marketing, sales, or commercial purpose without the Borrower’s explicit consent.
• Not share your login credentials or permit any person other than the registered User to access your account.
• Promptly notify Own New if you become aware of any unauthorised access to your account or any suspected security breach.
• Maintain adequate professional indemnity insurance and other insurances required by your regulatory obligations.

5. Lead Data and Borrower Information

The Platform facilitates the sharing of Borrower personal data between Builders and Brokers for the purposes of managing new-build mortgage referrals. The following rules apply:

• Data handling responsibility: When you receive Lead data (including Borrower names, email addresses, telephone numbers, property details, and financial information), you become a data controller in respect of that data and are responsible for handling it in compliance with UK GDPR and applicable data protection law.
• Broker assignment is permanent:Once a Lead has been assigned to a Broker firm on the Platform, that assignment cannot be undone. This is a deliberate design choice to protect Borrowers’ rights under UK GDPR — reassigning a Lead to a different firm would constitute a new disclosure of the Borrower’s personal data that may not be covered by the original consent.
• Builder and Broker visibility:Both the Builder associated with a development and the assigned Broker firm can view Lead data relevant to their role. By using the Platform, you consent to your organisation’s data being visible to other Partners in the context of a shared Lead.
• Data export: Users may export Lead data in CSV format for legitimate business purposes. Exported data must be handled in accordance with your data protection obligations and must not be shared with third parties without appropriate legal basis.
• Retention and deletion:You may delete your account at any time. However, Lead records and associated data held in Own New’s CRM system may be retained where necessary for Own New’s own legitimate business purposes or legal obligations, even after account deletion. See our Privacy Policy for full details.

6. Acceptable Use

You must not use the Platform to:

• Engage in any unlawful, fraudulent, or deceptive activity.
• Scrape, harvest, or systematically extract data from the Platform by automated means.
• Access the Platform through automated scripts, bots, or non-human means (except via any API integration explicitly authorised by Own New in writing).
• Attempt to gain unauthorised access to any part of the Platform, its infrastructure, or the accounts of other Users.
• Transmit any material that is defamatory, offensive, or otherwise objectionable.
• Interfere with the operation of the Platform or the networks through which it is provided.
• Resell, sublicense, or otherwise make the Platform available to any third party without Own New’s prior written consent.

Own New reserves the right to investigate and take appropriate action against any suspected breach of these acceptable use obligations, including suspension or termination of access.

7. Intellectual Property

All intellectual property rights in the Platform, including its software, design, content, Own New branding, and any materials made available through the Platform, are owned by or licensed to Market Mortgage Ltd.

Partners are granted a limited, non-exclusive, non-transferable licence to use co-branded marketing materials made available through the Platform solely for the purpose of promoting the Own New scheme to prospective Borrowers. This licence does not permit modification of Own New branding, use outside the scope of the Own New scheme, or sublicensing to third parties.

You must not remove, obscure, or alter any intellectual property notices, branding, or attribution on materials accessed through the Platform.

8. Data Processing

Own New processes personal data in connection with the operation of the Platform. For full details of how we collect, use, and protect personal data, please read our Privacy Policy.

In connection with the Platform, Own New uses Zoho CRM as a sub-processor for the storage and management of CRM data, including Lead records. Zoho CRM is subject to appropriate data processing agreements and technical and organisational security measures.

Where Own New acts as a data processor on your behalf (for example, where we store Borrower data that you have collected), the terms of our Privacy Policy and any applicable data processing addendum shall govern that processing. Partners remain the data controller in respect of Lead data they collect and are responsible for ensuring a lawful basis exists for all processing activities.

For information about how we use cookies and similar technologies, please see our Cookie Policy.

9. Account Suspension and Termination

Termination by Own New: We may suspend or terminate your access to the Platform at any time, with or without notice, if:

• You breach these Terms or any applicable law or regulation.
• Your Partner organisation ceases to meet Own New’s eligibility criteria (for example, loss of FCA authorisation for Broker firms).
• Own New reasonably suspects fraudulent or abusive use of the Platform.
• Own New decides to discontinue the Platform or a relevant part of it.

Termination by you: You may delete your account at any time via the account settings. Upon deletion, your personal profile and login credentials will be removed from the Platform. However:

• Lead records associated with your organisation that you have contributed to will not be deleted, as other Partners may have legitimate ongoing need for that data.
• CRM records in Zoho may be retained by Own New for its own business purposes or legal obligations.
• Data that forms part of an audit trail or is required for regulatory compliance may be retained for the legally required period.

Termination of your account does not affect any rights or obligations that have accrued prior to termination.

10. Limitation of Liability

Not regulated by the FCA: Market Mortgage Ltd administers the Own New scheme but is not itself authorised or regulated by the Financial Conduct Authority. The Platform does not constitute financial advice of any kind. Borrowers should seek advice from a qualified, FCA-regulated mortgage broker before making any mortgage or property purchasing decision.

No guarantee of lead quality: Own New makes no representations or warranties as to the quality, accuracy, or completeness of any Lead data, the creditworthiness of any Borrower, or the likelihood that any referral will result in a completed mortgage or property transaction.

To the fullest extent permitted by law, Own New shall not be liable for any:

• Indirect, consequential, special, or punitive loss or damage.
• Loss of profit, revenue, or business opportunity.
• Loss or corruption of data.
• Losses arising from your reliance on information displayed on the Platform, including mortgage rate data.

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.

Subject to the above, Own New’s total aggregate liability to you under or in connection with these Terms shall not exceed the greater of (a) the total fees paid by your organisation to Own New in the twelve months preceding the relevant claim, or (b) £500.

11. Changes to These Terms

We may update these Terms from time to time to reflect changes in the Platform, applicable law, or our business practices. Where we make material changes, we will endeavour to notify you in advance by email or via a notice on the Platform.

Your continued use of the Platform after any update to these Terms constitutes your acceptance of the revised Terms. If you do not agree to any changes, you must stop using the Platform.

12. Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

13. Contact

If you have any questions about these Terms, or wish to raise a concern about the Platform, please contact us. We aim to respond to all enquiries within five business days.