Last Update - 08/09/20
We are Money Coaching built by OpenWrks and Fair Way Forward (Tully, we, our, us). Our company and registration details are:
Company number: 11308960
Jurisdiction registered in: England and Wales
Registered address: The Poynt, 45 Wollaton Street, Nottingham, United Kingdom, NG1 5FW
Where, within the app, you use or view account information this is provided by Fair Way Forward acting as a registered agent of Business Finance Technology Group Limited (trading as OpenWrks) which is registered with the Financial Conduct Authority under the Payment Services Regulations 2017 (register reference number 709589) for the provision of payment services.
We are registered as a data controller with the Information Commissioner’s Office under registration number ZA382781. You can check our registration on the Data Protection Public Register by visiting https://ico.org.uk/esdwebpages/search.
We are authorised and regulated by the Financial COnduct Authority (FCA) under reference number 811098. You can check our registration on the Financial Services register by visiting www.fca.org.uk/register or by contacting the FCA on 0800 111 6789 (freephone) or 0300 500 8082 or by emailing [email protected].
When we say “you” or “your” in these terms and conditions, we mean you – the person who created an account and agreed to these terms and conditions, or the person who is in the process of creating an account and considering these terms and conditions.
We provide a free online platform to help you manage your finances by showing you where you could save money (the Money Coaching Services).
When you create an account on our platform you will be asked to confirm your acceptance to these terms and conditions, after which point you will become a Tully customer with access to the Money Coaching Services.
By creating an account, you confirm that you:
You can only use our services if you meet the above requirements.
We can refuse to provide you with services or cease to provide you with our services, at any time and at our sole discretion. Examples of when we might do this include if:
In order to give you a picture of your spending, we need access to your financial information from your bank.
Your financial information
We need access to your financial information from your bank accounts to be able to build an accurate picture of your income and expenditure. This is so we can accurately calculate your potential savings . The easiest way to do this is by signing up with our Open Banking Provider; they enable you to share your financial information with us securely and directly from your bank account (see section 5 below for more details). Otherwise you will need to manually enter your financial information.
We have teamed up with innovative companies like OpenWrks, our Open Banking Provider, to provide you with our Services.
OpenWrks is a data platform, authorised and regulated by the FCA under reference number 709589. We use OpenWrks to enable you to share your financial information with us securely and directly from your bank account so we can understand your spending patterns without you having to manually upload your bank statements. OpenWrks' terms and conditions can be found here.
There may be occasions where we advertise or suggest third party products and/or services to you, which you are free to purchase or not at your sole discretion. In the event that you do choose to purchase a third party product and/or service which we have advertised or suggested, please note that we may receive a financial commission or other benefit as a result of our referral of you to the third party.
IT IS IMPORTANT FOR YOU TO UNDERSTAND that we do not have any control over any third party products and/or services (including OpenWrks’ services) and as such, we cannot be liable for any failure of such products and/or services. We therefore strongly encourage you to fully read and understand any third party terms and conditions before agreeing to them.
AS SUCH, WE HEREBY DISCLAIM ANY AND ALL LIABILITY, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, FOR SUCH THIRD PARTY PRODUCTS AND/OR SERVICES. YOU, THE CUSTOMER, ACKNOWLEDGES THAT NO REPRESENTATION HAS BEEN MADE BY US AS TO THE FITNESS OF THE THIRD PARTY PRODUCTS AND/OR SERVICES FOR YOUR INTENDED PURPOSE.
We may change these terms and conditions, our website, apps and our services at any time. We will notify you of any changes to our terms and conditions that affect your rights and obligations by either (i) sending you an email notification, (ii) posting a notice on our website or app or through the services, or (iii) in any other manner we deem appropriate. Your continued use of our website, apps or our services shall constitute your acceptance of the revised terms and conditions.
Some of the information we display is based on information received from third parties and we do not have the ability to change this. We are not responsible for the accuracy of such information or for your reliance on that information.
If you believe any information displayed by us may be incorrect, please let us know as soon as possible by contacting [email protected]
DISCLAIMERS - IMPORTANT INFORMATION FOR YOUR ATTENTION:
Although the functionality of our website and apps should always work, we cannot guarantee that they will always be available due to maintenance or updates to our website and/or apps. Furthermore, there are certain circumstances outside of our control which may result in the Services being unavailable (for example, if the Microsoft servers or your banks’ servers fail). We will use our reasonable efforts to ensure content on our apps and websites are up-to-date and accurate, but we cannot guarantee this. As such, we cannot be liable for any loss or damage that results from any of the above scenarios.
WE FURTHER DISCLAIM ANY RESPONSIBILITY FOR YOUR RELIANCE ON OUR ALGORITHMS AND THE SAVING SUGGESTIONS PRODUCED BY SUCH ALGORITHMS, SINCE THE INFORMATION USED BY OUR ALGORITHMS IS PROVIDED BY THIRD PARTIES AND/OR YOURSELF AND SUCH INFORMATION MAY NOT BE ACCURATE OR COMPLETE.
When we use ‘intellectual property rights’ in this clause 9, we mean any and all of the following: patents, utility models, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software including any and all algorithms used in or by the computer software, database rights, rights to use and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
We, or our licensors (as the case may be), own any and all intellectual property rights in our website, apps and the material published on them including without limitation the Tully Money Coaching product and any and all associated software, code and algorithms (the “Tully IPR”). All of the content on our website and apps is subject to copyright with all rights reserved.
All images, trade marks and brands displayed on our website or apps are protected by intellectual property laws and may not be reproduced or appropriated in any manner without permission of their respective owners.
Customer licence to use Tully IPR
We hereby grant you with a non-exclusive, non-transferrable, non-sub-licenseable, revocable licence that is limited to the duration of your use of the Services to use the Tully IPR for the sole purpose of receiving the Services (the “Tully IPR Licence”). The Tully IPR Licence is subject to you adhering to the Tully IPR Rules detailed below. Your failure to adhere to any of the Tully IPR Rules could result in us immediately terminating your use of the Services without any liability to us.
Tully IPR Rules
You must not:
You may download, print or screen grab content from our website or apps for your personal use and information only, provided that you adhere to the Tully IPR Rules noted above. You further acknowledge and agree that you:
Tully licence to use content
Please read this section 11 carefully, as some of the terms exclude or limit our liability for any losses suffered by you in connection with your use of our services.
Nothing in these terms and conditions limits or excludes our liability for:
We will comply with our legal and regulatory obligations to prevent unauthorised access to the Services and we will accept liability for loss and/or damage to you resulting from any unauthorised access to the Services, provided that such loss and/or damage could have been reasonably foreseen by us at the time that you agreed to be bound by these terms and conditions.
However, you will be responsible for any losses arising from unauthorised access if we reasonably believe that:
We will not be liable to you for any loss or damage if another bank, building society, payment provider or one of our product partners is responsible for such loss or damage.
We will not be liable for any loss or damage that you may suffer because of any abnormal or unforeseeable circumstances outside our of reasonable control which would have been unavoidable despite all efforts to the contrary, for example, any delay or failure caused by problems with another system or network, any breakdown or failure of transmission, communication, data processing or computer facilities, mechanical breakdown, an act of state or government, war, riot or terrorism, any act of God, the suspension of any market, postal or other strikes or similar industrial action or any prevention from or hindrance in obtaining any materials, energy or other supplies necessary for the performance of our obligations under these terms and conditions.
We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
We will have no liability for refusing any application submitted by you to register for use of the Services or any other product or service we may provide.
We are not financial advisors, accountants or lawyers. Any information provided on this website or via our communications with you is not intended as investment or financial or legal advice. As such, we cannot be held liable for any reliance on the information you receive as part of the Services.
We will not be liable to you or any third party for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
You agree that:
This Agreement shall commence from the date you create your account on our website or apps and will continue for as long as you use our services or have an account on our website or apps (the Term).
We reserve the right to terminate this Agreement and your use of our services, website, apps or any products or services contained in or provided or obtained through our website or apps (i) for any reason and with no liability to you by providing you with at least thirty (30) days’ prior notice; or (ii) immediately without prior notice if there are serious grounds for doing so (noting that we will provide you with notice after termination should we terminate on these grounds).
If you no longer wish to receive our services, please email [email protected]
The headings used in these terms and conditions are for convenience only and shall not affect their interpretation.
In these terms and conditions, unless specified otherwise, use of the singular includes the plural, use of any gender is deemed to include every gender and any reference to a person includes a corporation, a partnership and any other body or entity, and vice versa.
Use of the words, includes or including or similar words or phrases means without limitation and the use of these or similar words or phrases shall not limit the meaning of the general words.
We shall not be liable for any delay or failure to provide our services or perform any obligation under these terms and conditions if the delay or failure is caused by circumstances beyond our reasonable control.
Nothing in these terms and conditions is intended to confer on any person any right to enforce any term of this Agreement which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.
Each of the provisions of these terms and conditions (or part of any provision) is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect the legality, validity or enforceability of the other provisions of these terms and conditions. The provision itself shall apply with the minimum modifications necessary to make it legal, valid and enforceable.
Failure or delay by us in enforcing these terms and conditions shall not be a waiver of that or any other provision of these terms and conditions.
You may not assign any of your rights or obligations under this Agreement.
You agree that any notices and other communication may be given by us by email or posted on our website and this will comply with any legal requirement for such communications to be in writing. You also agree that any notice or other communication made in such manner will be deemed received by you 24 hours after email or posting.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and shall be subject to the non-exclusive jurisdiction of the English courts.
We are here to help, so if you have any questions about, or feedback on this Agreement or wish to make a complaint about our services, please get in touch with us by contacting [email protected] If the question or complaint relates to information we have obtained from a third party service provider, we may refer your question or complaint to them if we consider it appropriate.
If you have made a complaint about our services and we have provided a final response which is not to your satisfaction or you have not received a response within eight weeks of making your complaint, you can ask the Financial Ombudsman Service to investigate. The contact details for the Financial Ombudsman Service can be found here.
Our Acceptable Use Policy
When you’re using our services, you must not do any of the following things. If you do or if we have reason to believe you either have done or will do, we may refuse to provide services to you temporarily or permanently or we may take other action against you (including legal action).
Some of the actions listed below are unlawful. Where this is the case (or we believe it may be the case), we may disclose your identity, your activities and other information we hold about you to law enforcement agencies.
You must not, and you must not allow another person to, use our website or apps (including any content or materials on them) or our services:
You must not, and you must not allow another person to:
We may monitor your use of our services and monitor your activity for security purposes.
You must fully cooperate with us where any law enforcement authorities, regulators or court order requests or directs us to disclose the identity or locate anyone posting any material or using our website or our services in breach of our Acceptable Use Policy.
When posting any communication or content on or via our website or app it must:
 OpenWrks are, like us, part of the Blenheim Chalcot portfolio of companies.