PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
This is a contract between you (the Customer) and us (Smarter Financial Ltd, 85 Great Portland Street, Marylebone, London, W1W 7LT.) It describes the services we will provide to you, how we will work together, and other aspects of our business relationship.
1. General Terms
By signing up for an account with smart-bill.co.uk, (including sub-domains of smart-bill.co.uk), (Service), you are deemed to have read and agreed to the following Terms of Services.
Terminology:
"Agreement" means these Customer Terms of Service and all materials referred or linked to in here.
"Organisation", “You” and “Your” refers to you, the person accessing the Service either as a visitor or a member (registered with smart-bill.co.uk).
"The Company", “Ourselves”, “We” and "Us", refers to our Company, Smarter Financial Ltd.
“Party”, “Parties”, or “Us”, refers to both you and ourselves, or either you or ourselves.
“Client Companies” refers to companies that referred you to use our services, as part of a commercial arrangement with Ourselves.
Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to be same.
2. Service Description
The Service is an FCA approved Account Information Services Provider (AISP) that accesses your bank transaction data with your permission in a read only fashion. Using this data the service obtains information that is useful to yourself or Client Companies. This may include information to help you manage your bills and subscriptions, or information about your general spending patterns. This information can include but is not limited to identification of all your recurring payments, such as subscriptions, direct debits and standing orders.
The Service is free to you and provides you with a safe and secure way to share
your transaction data with our client companies, and / or provides you with
information to allow you to manage your bills and payments. When assisting you to
manage your bills and subscriptions the service monitors price hikes and enables
you to request cancellations of any unwanted recurring payments. This service may
also present you with information relating to third party products or services
(“SmartBill Offers”), general tips, recommendations and educational material.
During the process of obtaining your transaction data, we may use tools provided to us by FCA authorised 3rd party providers such as TrueLayer Limited (www.truelayer.com, FCA firm reference 793171.)
Any 3rd party companies we use are subject to UK and EU data protection laws and are required to treat your data in accordance with those laws, as well their own Terms of Service and Privacy Policies. In this instance, you will be asked to enter your payment account details with the 3rd party and agree to their Terms of Service, which set out the terms on which you agree to access of your information for the purposes of transmitting it to us.
3. Account Terms
We trust you to use our Service responsibly. By using the Service, including features, content and functionality provided by us, you agree to be bound by this Agreement.
You must not:
Share your login details with other people. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. If you become aware of any unauthorized use of your Account information for the Service, you agree to notify us immediately via smeeta.patel@smart-bill.co.uk;
Analyse, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
Forge any IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
Use smart-bill.co.uk or accept this Agreement if you are under 18 years of age;
You authorise us to:
Make inquiries to validate your identity, which may require ownership confirmation of your email address. If we cannot verify the identity, then you will not be allowed to use the Services;
Encrypt your information and use it to improve the Services.
Send you electronic communications and notifications to the email address you register with.
Access your Account Information maintained by identified third parties, on your behalf.
You accept that:
We reserve the right to suspend or terminate your account for violation of any of the terms above;
We may temporarily or permanently stop providing the Service, or any features within the Service, to you and may not be able to provide you with prior notice. We will not be liable to any party for any loss, cost or damages due to the Service downtime;
We may add new and/or update pre-release features to the Service for trial purpose for your use to improve the Service;
Any alerts provided to you through the Services may be delayed or fail due to any number of reasons. We shall not be liable for any loss or damages, howsoever arising, associated with your use of the service, any report or data except for liability in respect of loss that cannot be limited under English law.
4. Data Protection
We comply with EU data protection laws and as such, any information concerning you is regarded as confidential and therefore will not be divulged to any third party, other than (1) to our affiliates, representatives, agents, service providers and professional advisors to the extent necessary in connection with the provision of the services or (2) if legally required to do so under any applicable law or regulation or by order of any legal, supervisory, regulatory, judicial or governmental authority.
We use collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and market research.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed Services.
5. Modifications
We may periodically revise these Terms of Services. We will update our website and at our sole discretion, will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in the Services or by placing a prominent notice on our site. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
We reserve the right to modify or discontinue temporarily or permanently, the Service (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We have sole discretion to change to fix, refine or add more features to the Service at anytime and may not give you prior notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
6. Disclosure
We may disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the TERMS OF SERVICE.For more information on permitted disclosure, please see section 4 above.
7. Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavour to comply with the terms and conditions of any Agreement contained herein.
8. Waiver
Failure of either Party to insist upon strict performance of any provision of this Terms of Service or the failure of either Party to exercise any right or remedy to which they are entitled hereunder shall not constitute a waiver thereof and shall not cause a reduction of the obligations under this Terms of Service.
9. No Warranty
The information on the Service is provided on an "as is" basis and excludes all warranties relating to its website and its contents, including any inaccuracies or omissions in this website and/or literature. Use of the Service is at your own Risk.
The Services exclude all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised the Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
We do not warrant that
(I) the service will meet your specific requirements,
(II) the service will be uninterrupted, timely, secure, or error-free,
(III) the results that may be obtained from the use of the service will be accurate or reliable,
(IV) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
(V) any errors in the Service will be corrected.
8. 10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
I. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
II. PERSONAL DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE;
III. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
IV. ANY INTERRUPTION OR TERMINATION OF TRANSMISSION TO OR FROM THE SERVICE;
V. ANY BUGS or VIRUSES THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY;
VI. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE;
VII. USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL The Company, Its DIRECTORS, EMPLOYEES, or SUPPLIERS, BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF The company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United Kingdom. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United kingdom laws.
10. Complaints
Should you have any questions or complaints in respect of this web application or the service please contact smeeta.patel@smart-bill.co.uk.
We take any complaints seriously and will aim to send you an initial response, which shall, at the very least, acknowledge our receipt of your complaint, within 3 Business Days.
We shall send you a full written response to your complaint within 15 days of our receipt of your initial complaint.
In the event that you are dissatisfied with our final response to your complaint you are able to escalate it to the Financial Ombudsman. Please see http://www.financial-ombudsman.org.uk/consumer/complaints.htm for further details.