GoodSpend's terms and conditions

Our terms and conditions govern the use of the GoodSpend service. These were last updated on 13 April 2021.

1. Our agreement

1.1 GoodSpend Ltd ("GoodSpend”, "our", or"us") is a company registered in England and Wales. Our registered office is at 71-75 Shelton Street, London, WC2H 9JQ and our company number is 12976704.

1.2 GoodSpend is registered with the Financial Conduct Authority under the Payment Services Regulations 2017 for the provision ofpayment services. Our registration number with the FCA is 940593

1.3 By accessing or using the GoodSpend website or the GoodSpend service, you confirm that you accept these terms of use ("Terms of Use") and that you agree to be bound by them. If you do not agree to these Terms of Use, you must not use the Service. The Service is owned, operated and controlled by GoodSpend.

1.4 These Terms of Use (together with our Privacy Policy) set out the terms on which you may make use of the Service and set out indetail your rights and responsibilities to us and our rights and responsibilitiesto you during your use of the Service.

1.5 Please read these Terms of Use carefully before you start to use the Service as they will apply to your use of the Service.

2. The Service

2.1  GoodSpend provides a service that allows you to:
·        Upload details of your accounts maintained at third party banks ("Accounts")
·        Access details of transactions and balances on those Accounts.
·        Consolidate and track your banking information
·        Access details of transactions and balances on your Accounts
·        Set and track against a daily spending goal
·        Anonymously compare your spending to an aggregated pool of other
·        Anonymously rate retailers based on service, quality and value
·        See aggregated ratings of retailers from other GoodSpend users
GoodSpend users with similar traits to you (e.g. similar income, location etc)
·        Log your spending mood to identify when you need to take action
·        Compete against other GoodSpend users in our League

2.2 By using the Service you warrant that you are at least 18 years old and a resident of the United Kingdom.

2.3 The purpose of the Service is to help you feel more in control of your spending.

2.4 You acknowledge and agree that the Service is not endorsed or sponsored by the providers of your bank Accounts.

3. Access to the Service

3.1 Access to the Service will be through our site or App. Your use of the App is at all times subject to the terms and conditions and privacy policies of the app store from which you downloaded it, e.g. the Google Play store or the Apple App Store. If there is a conflict between those terms and conditions and these Terms of Use, these Terms of Use shall take priority.

3.2 You must not allow anyone to access the Service on your behalf. You must treat the information you provide as part of our security procedures (e.g. username and password) as confidential. You must not disclose it to any third party.

4. Access to Personal Banking Data

4.1 To use the Service, you must first login to your banking apps or online banking services via our Trusted Partner, Bud Financial Ltd ("Bud"). You will be prompted to do this via the GoodSpend Service when you go to the Connect Your Bank Account page. Once you have logged in to your banking service you will then need to grant consent for Bud and GoodSpend to access your Personal Account transaction information. You can withdraw this consent at any time. GoodSpend will not see your username or password information, which is fully encrypted. Neither Bud nor GoodSpend can initiate any payments from your Personal Account(s).

4.2 You grant to us and Bud a non-exclusive, royalty-free licence to use the information in your Personal Account(s) for all purposes connected with the Service or referred to in these Terms or the Privacy Policy. We have the right to use, modify, display, distribute and create new material using or incorporating such information to provide the Service to you. We may also use, sell, license, reproduce, distribute and disclose aggregated, non-personally identifiable information that is derived through your use of the Service. By submitting information, you agree (without the payment of any fees), that we may use the information for the purposes set out above.

4.3 You are permitted to use content delivered to you through the Service only on our site or App. You may not copy, reproduce, distribute, or create derivative works from this content.

4.4 By providing your account details to Bud, you agree and grant Bud permission to aggregate your personal data, which may then be stored outside of your own country to the extent permitted by applicable law.

4.5 You agree that when we retrieve your information relating to your Personal Accounts or your information required as part of the provision of the Service, we are doing so as your representative and on your behalf and not on behalf of or in the name of any third party.

4.6 You agree that we will be entitled to disclose your identity and information relating to your Personal Account(s) to third partiesif we are required to do so by law.

4.7 We do not check the accuracy of the Personal Accounts information and personal information you provide to us and we rely on you and your Personal Account providers to ensure that the Personal Accounts information and personal information you provide to us is up to date and accurate.

4.8 By using the Service, you represent that you are the legal owner of the data in your Personal Accounts and that you have th eauthority to appoint, and do expressly appoint Bud as your agent and grant a limited power of attorney to access and retrieve such data on your behalf.

4.9 For our compliance purposes and in order to provide the Service to you, you hereby authorise us to, directly or through a third-party,obtain, verify, and record information and documentation that helps us verify your identity and Personal Account information. When you register for the Service and from time to time thereafter, we may require you to provide and/orconfirm information and documentation that will allow us to identify you.

4.10 You agree that our third-party services providers are third-party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such service providers were a party tothese Terms.

5. Your privacy

5.1 We use cookies and similar technologies to provide the Service. By using the Service, you agree to the terms of our Privacy Policy,which forms part of these Terms of Use and our agreement with you. Please clickhere for more information: https://www.goodspend.uk/your-data

6. Your conduct towards GoodSpend

6.1 You must not (or must not attempt to) access without authority or disrupt any part of the Service or its security measures. This includes any servers, other equipment or networks connected to the Service or on which it is stored or any software used to provide the Service. This includes by transmitting, for example, worms, computer viruses, malware, Trojan horses, spyware or any other software, code or data of a corrupt, nature (together "Viruses").

6.2 You may not inject content or code or otherwise alter or interfere with the way any page of the Service is rendered or displayed in a user’s browser or device.

6.3 You must not access the Service via a means not authorised by GoodSpend, including, but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers.

6.4 You must not change, modify, adapt or alter the Service or change, modify, adapt or alter another website so as to inaccurately imply an association with the Service or with GoodSpend.

6.5 GoodSpend does not accept unsolicited content, information or ideas except where GoodSpend has set out specific criteria and conditions for submitting them. You agree not to submit them except in accordance with those criteria and conditions.

6.6 Where you do submit unsolicited content or information in breach of this paragraph 6, you agree that we may use such content, information or ideas for any purpose whatsoever, including, without limitation, developing and marketing products and services without any liability or payment or recognition of any kind to you.

7. Third party services

7.1 Your browsing and interaction on any other website or your use of other services, including websites and services which have a linkto the Service, is subject to the rules and policies of the relevant website orservice. Please read the rules and policies applicable to that website or service before proceeding.

7.2 The Service, or communications from it or commentswithin it, may include links to third-party websites, applications or features ("Third Party Services"). These links are provided for your information only.

7.3 GoodSpend does not control, maintain or endorse ThirdParty Services and you acknowledge and agree that your use of them is at your own risk. We assume no responsibility for the content or operation of ThirdParty Services and we will not be liable for any loss or damage that may arise from your use of them (or such content).

8. Data charges and security

8.1 You agree that you are responsible for any and all data charges you incur from mobile network operators, internet service providers or other data providers in using the Service.

8.2 We cannot guarantee that the Service will always be free from Viruses. You are responsible for configuring your information technology(including your mobile telephone) in order to access the Service and for the security of your internet connection. You should use your own virus protectionsoftware.

9. Our right to change these terms

9.1 We expect to need to update or amend these Terms fromtime to time to comply with law or to meet our changing business requirements.

9.2 We reserve the right, in our sole discretion, to change these Terms of Use from time to time ("Amended Terms"). Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Amended Terms take effect. You agree that we may notify you of the Amended Terms by posting them on the Service. Your use of the Service after the effective date of the Amended Terms (or engaging in suchother conduct as we may reasonably specify) constitutes your agreement to the Amended Terms and the Amended Terms will apply to your use of the Service fromthat point forwards. These Terms of Use will continue to govern any disputes arising before the effective date of the Amended Terms.

10. Warranties

10.1 You expressly understand and agree that:
·        Your use of the Service and all information, products and other content (including that of third parties) included in or accessible from the Service is at your sole risk.
·        The Service is provided on an "as is" and "as available" basis. Our Trusted Partner and us expressly disclaim all warranties of any kind as to the Service and all information, products and other content (including that of third parties) included in or accessible from the Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

10.2 Bud and GoodSpend make no warranty that:
·        The Service will meet your requirements
·        The Service will be uninterrupted, timely, secure, or error-free
·        The results that may be obtained from the use of the Service will be accurate or reliable
·        The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations
·        Any errors in the technology will be corrected.

10.3 Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information,whether oral or written, obtained by you from our Trusted Partners or us through or from the Service will create any warranty not expressly stated inthese Terms.

11. Our liability

11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of ourbreach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.

11.2 We only provide the Service for domestic and private use. You agree not to use the product for any commercial, business or resalepurposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.3 We do not in any way exclude or limit our liabilityfor:
·        death or personal injury caused by our negligence
·        or fraud or fraudulent misrepresentation.

11.4 Subject to clause 13.3, and to the extent permitted byapplicable law, Bud will not be liable to you in connectionwith the Service (including your use or inability to use the Service) for:
·        loss of profits or goodwill
·        any statement or conduct on or via the Service by any third party
·        loss of data which is caused by factors other than negligence or breach of     statutory duty on the party of us or our Trusted Partners
·        the acts or omissions of the providers of your Personal Account(s); the     cost to you of obtaining goods or services as substitutes for the Service
·        any other loss or damage suffered by you in connection with the Service.

11.5 We are not a financial adviser, and the Service is not intended to provide financial advice. Your financial situation is unique. We do not make any representations, warranties, or guarantees of any kind that the Service is appropriate for you.

12. Indemnification

12.1 You agree to protect and fully compensate our TrustedPartners and us and our affiliates from any and all third party claims,liability, damages, expenses and costs (including, but not limited to,reasonable solicitors’ fees) caused by or arising from your use of the Service,your violation of these Terms or your infringement, or infringement by anyother user of your account, of any intellectual property or other right of anyone.

13. Termination and suspension

13.1 We will determine, in our discretion, whether there hasbeen a breach of these Terms of Use through your use of the Service. When such a breach has occurred, we may take such action as we deem appropriate,including all or any of the following actions:

·        immediate, temporary or permanent withdrawal of your right to use the Service
·        issue of a warning to you
·        legal proceedings against you for reimbursement of all costs (including, but not     limited to, reasonable administrative and legal costs) resulting from the     breach
·        further legal action against you; and/or disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

13.2 The responses described above are not limited and we may take any other action we reasonably deem appropriate.

14. Linking to our website

14.1 You may link to any page of our Website, provided thatyou do so in a way that is legal and that does not damage or take advantage ofour reputation nor seeks to do so.

14.2 You must not suggest any form of association, approvalor endorsement on our part where none exists.

14.3 You must not remove, obscure or modify anyadvertisements, copyright notice or other information on our Website. Our Website must not be framed on any other website.

14.4 The website in which you are linking must comply in allrespects with the content standards set out in these Terms of Use and wereserve the right to withdraw linking permission without notice.

15. General provisions & applicable law

15.1 You may not assign, sub-license or otherwise transferany of your rights and/or obligations under these Terms of Use to any thirdparty. You acknowledge that we may assign, sub-license or transfer any of ourrights and/or obligations under these Terms of Use to any third party at anytime.

15.2 We will have no liability to you for any failure ordelay in performing any of our obligations under these Terms of Use to theextent that such failure or delay is caused or contributed to by you or by anevent or circumstance beyond our reasonable control.

15.3 These Terms of Use (together with our Privacy Policy)contain the entire agreement and understanding of the parties relating to the subject matter of the agreement between us and supersede all prior agreements,understandings or arrangements (both oral and written) relating to the same.

15.4 If any provision of these Terms of Use is found to beinvalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms of Use, which will remain in full force and effect.

15.5 Failure by either you or us to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right orremedy.

15.6 These Terms of Use are governed by English law. If youare a consumer, the courts of England and Wales will, subject to this paragraph 15, have non-exclusive jurisdiction over any claim arising from, or related to,these Terms of Use (unless you are a resident of Northern Ireland, in which case you may bring proceedings in Northern Ireland, or you are a resident of Scotland, in which case you may bring proceedings in Scotland). If a court decides that we cannot rely on a part of these Terms, the rest of the Terms will continue to apply, as each of the provisions of these Terms operate separately.

15.7 Nothing in paragraph 15 will limit our right to takeproceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdiction preclude us fromtaking proceedings in any other jurisdiction, whether concurrently or not, tothe extent permitted by the law of such other jurisdiction.

16. Cancelling your account

16.1 You may cancel your user account at any time. Not using the Service for a long period of time may also result in cancellation or Account Information stored in the Service being made unavailable. To cancel your account email hello@GoodSpend.uk and ask us to cancel your account.

17. Enquiries & complaints

17.1 If you have an enquiry or complaint about the Service,or simply wish to get in touch, you should contact us via our email hello@GoodSpend.uk.In the event that you have a complaint we cannot settle, you may be entitled to refer it to the Financial Ombudsman Service (FOS). Further information aboutthe FOS is available from their website www.financial-ombudsman.org.uk.

18. Promotional incentives

18.1 We may from time to time offer promotional incentives to GoodSpend users. These can be withdrawn or suspended at any time.

18.2 From 16 May 2021 to 23 May 2021 we are running a £5 introductory promotion. To qualify users must rate all retailers used within the last 90 days as per the data in your connected bank account. You must have transactions from a minimum of 5 retailers on your connected bank account to qualify. You must rate all retailers that are presented to you. Retailers must be rated based on overall sentiment, service, quality and value. On qualification, we will ask you to supply your preferred payment method and we will make payment of the £5 to you within 7 calendar days.