Money Coaching Customer Terms and Conditions

Last Update - 08/09/20

 

1. Who are we? 

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. 

 

2. What do we do? 

We provide a free online platform to help you manage your finances by showing you where you could save money (the Money Coaching Services). 

 

3. How can you become a customer? 

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:

  • are over 18 years old;
  • live in the United Kingdom;
  • are a real, live person accessing our services for your personal use (you can’t use our services for commercial or business use); and
  • are accessing our services on your own behalf.

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:

  • we find out or have reason to believe you’re breaching these terms and conditions (for example, if you’re using the services for business use or on behalf of someone else);
  • we decide to stop offering a service you are using; or
  • we think your use of our services is unlawful or you breach Our Acceptable Use Policy (detailed at the end of these terms and conditions). 

 

4. Your Spending

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.

 

5. Our partners

We have teamed up with innovative companies like Openwrks, our Open Banking Provider,[1] 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.

 

6. Making changes to these terms and conditions or our services

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.

 

7. How do we use your data?

We will use your financial information and any other data you provide or make available to us only for the purposes set out in these terms and conditions and our Privacy Policy.  For instance, we:

  • will hold your details and records on our systems and make this financial information available to you on our website or apps;
  • will undertake analysis and profiling of your financial information and, where applicable, your financial associates' financial information (and any other information provided by you or on your behalf);
  • will suggest ways to help you save money, based on our analysis of your financial information and, where applicable, your financial associates’ financial information (and any other information provided by you or on your behalf);
  • will suggest educational content, based on our analysis of your financial information and, where applicable, your financial associates’ financial information (and any other information provided by you or on your behalf);
  • may make tools available to you so you can analyse your own financial information (this is to assist you in being better informed about your financial position and to inform you of credit products that are likely to be suited to your circumstances based on the information we collect about you through our website, apps and your mobile device(s)); 
  • may use your information to provide you with tips on how you can manage your debt and creditors and/or steps that you can take to improve your credit score;
  • may share your information with third party service providers, such as credit reference agencies, financial services providers and other advertisers, as well as your creditors or our partners, in accordance with our Privacy Policy and your account's privacy settings.

 

8. Accuracy and non-reliance on information

We don't check the information we receive from you or third parties for accuracy or completeness, nor do we have any control or ability to change the information you or they provide. As such, we are not responsible for its accuracy or your reliance on such information.

If you believe any information displayed by us may be incorrect, please let us know as soon as possible by contacting [email protected]  

We do not guarantee that:

  • our website or apps or any content on them or provided as part of our services, will always be available, uninterrupted or error free; and
  • the content or functionality of our website, apps or other methods in which we provide our services are up-to-date, nor do we have any obligation to update them.

We provide the information on our website or apps or as part of our services on an “AS IS” basis.  All warranties of any kind, express or implied, including but not limited to the IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM CONTAMINATION BY COMPUTER VIRUSES AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE DISCLAIMED. 

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.

 

9. Intellectual Property Rights

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.

 

10. Licences

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:

  • remove any acknowledgement that we,  (or any of our contributors,) are the author of any website content or any content we provide to you as part of the services;
  • remove any disclaimers associated with the content;
  • modify, adapt, copy, download or post material from our website or apps nor store any part of our website or apps in any other website or app or include it in any public or private electronic retrieval system;
  • use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or explanation;
  • sell, lease, license or sublicense the Tully IPR;
  • decompile, disassemble, or reverse engineer the Tully IPR, in whole or in part;
  • write or develop any derivative software or any other software program upon the Tully IPR or any of our confidential information;
  • use the Tully IPR to provide processing services to third parties, commercial timesharing, rental or sharing arrangements, or otherwise use the Tully IPR on a ‘service bureau’ basis; or
  • provide, disclose, divulge or make available to, or permit the use of the Tully IPR by any third party without our prior written consent.

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:

  • are downloading such material at your own risk and discretion;
  • are solely responsible for any damage to your computer system or device or loss of data that results from the download of any such material; and
  • must, at our option, return, destroy or procure the deletion of any copies of the materials you have made if you are in breach of these terms and conditions.

Tully licence to use content

By agreeing to these terms and conditions you hereby grant a licence to us to use any information, data, materials or other content (Content) you provide to us through our website or apps, or that we obtain on your behalf as part of the services we provide (including your financial information).  You further agree that we can use, modify, display, distribute and create new material using the Content so that we may provide our services to you, and for any other purposes set out in these terms and conditions or our Privacy Policy.

By submitting the Content, you confirm and agree that the owner of that Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we may use the Content for the purposes set out in these terms and conditions and our Privacy Policy.

 

11. Limitation of our liability

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 our liability for:

  • death or personal injury arising from our negligence; or
  • our fraud or fraudulent misrepresentation; or
  • any duties or liabilities that we owe to you under the Financial Services and Markets Act 2000 or the rules of the Financial Conduct Authority; or
  • any other liability that cannot be excluded or limited under applicable law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website and apps, any content on them or services accessed through our website or apps, whether express or implied.

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:

  • use of, inability to use or unavailability of, our website (or any part of it), websites linked to it, our apps or our services;
  • use of any products, data, information or services accessed or obtained or messages received or transactions entered into, through or from the services obtained or accessed through our website or apps including use of or reliance on any content displayed on or made available through our website or apps;
  • unauthorised access to or alteration of your transmissions or data;
  • any inaccuracy or incompleteness of any information received by you or by us through our website or apps or as part of our services;
  • the timeliness, accuracy, deletion, non-delivery, failure to receive or store or failure to update any user information, communications or personalisation settings;
  • any products or services provided by any third parties including our partners as these products are governed by separate terms and conditions of supply which we have no control over;
  • loss suffered as a result of any distributed denial-of-service attacks, computer viruses, Trojan horses, worms, software bombs or other damaging items resulting from your use of our website or apps; you are responsible for protecting your computer systems and other devices from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures necessary.

 You agree that:

  • we are not responsible or liable for any loss or damage you may suffer or incur in connection with any such product or services, or the terms and conditions applying to any contract you enter into with any third party in relation to any product or services, or for any acts, omissions, errors or defaults of any third party in connection with any product or services or the applicable terms and conditions;
  • it is your responsibility to seek independent advice or otherwise satisfy yourself that you wish to apply for, take out, cancel, exchange or request a change to a product or service (including any financial product or services such as credit) before doing so;
  • downloading content from our website or our apps is at your own risk;
  • as we do not charge you a separate fee for access to and use of our website or our services, our total aggregate liability for any losses and/or damage suffered by you shall be limited to £100; and 
  • you have considered our liability limit of £100 described above, sought legal advice if needed and conclude that such a limit is a reasonable amount given the nature of the services not constituting financial advice.

 

12. Legal status, term and termination of this agreement

You understand that these terms and conditions, our Privacy Policy, the Acceptable Use Policy and any other consents or authorisations you agree to on the customer journey shall constitute a legally binding agreement between you and us (the Agreement).

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 obtained through our website or apps at any time for any reason and with no liability to you.

If you no longer wish to receive our services, please email [email protected]

If you withdraw consent to the processing of, or otherwise request that we stop processing, your personal information, we may suspend or terminate the associated services without any liability to you.  We may keep records or data derived from your personal information in accordance with our Privacy Policy.

 

13. General

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.

This Agreement constitutes the whole agreement and understanding between you and us in relation to the use of our services. By using our website, apps or our services you consent and agree to the processing of your personal information and our use of cookies in accordance with them. Except in case of fraud, all previous agreements, understandings, undertakings, representations, warranties, promises and arrangements between you and us relating to the subject matter of these terms and conditions or your use of our website, apps or our services are superseded, except as otherwise expressly stated in 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.

 

14. Applicable law and disputes

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 exclusive jurisdiction of the English courts.

 

15. Contact us

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:

  • in any way that doesn’t comply with any applicable local, national or international law or regulation;
  • in any way that is deceiving or fraudulent, or has any fraudulent purpose or effect;
  • to access or interfere with another person’s account or information, impersonate another person, or create or use a false identity or email address;
  • for your own or another person’s business purposes;
  • to make any unsolicited or unauthorised communications, including posting advertising or promotional material;
  • to obtain or attempt to obtain unauthorised access to or interfere with, damage or disrupt any part of our website, any computer systems, equipment, software or networks on or through which our website is stored or operated;
  • to modify, adapt, decipher, disassemble or reverse engineer any of the software comprised in or in any way making up a part of our website, app and/or services;
  • to scrape, reproduce, duplicate, copy, modify, distribute, publish, resell or transmit any element comprised in our website, including any software comprised in it, the content or the services provided through it;
  • to use any technology or processes of any kind to access, acquire, copy, monitor, navigate or search our website or any portion of it (including the use of data mining, robots or similar data gathering and extraction tools);
  • in any way that is not authorised by us or is detrimental to us or our third party service providers.

You must not, and you must not allow another person to:

  • knowingly transmit any data, send or upload any material that is corrupt or contains viruses, Trojan horses, works, logic-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or perform any act that would cause our website to become unavailable for use by others (including via any form of denial-of-service attack);
  • access without authority, interfere with, damage, or disrupt any part of our website, any software, the server or other equipment or network used in the provision of our website (including where owned or used by any third party).

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:

  • be accurate (where they state facts);
  • be genuinely held (where they state opinions);
  • comply with applicable law in the UK and in any country from which they are posted;
  • not contain material which is defamatory of any person;
  • not contain any material which is obscene, offensive, hateful or inflammatory;
  • not promote sexually explicit material, violence or any illegal activity;
  • not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • not infringe any copyright, database right, trade mark or any other intellectual property right of any other person;
  • not be likely to deceive any person;
  • not be made in breach of any legal duty owed to a third party (for example be confidential information);
  • not be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • not be likely to harass, upset, embarrass, alarm or annoy any other person;
  • not be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • not give the impression that they emanate from us, if this is not the case; and
  • not advocate, promote or assist any unlawful act including copyright infringement or computer misuse.

[1] OpenWrks are, like us, part of the Blenheim Chalcot portfolio of companies.