Terms and Conditions
THESE TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS (INCLUDING OUR PRIVACY NOTICE) CAREFULLY BEFORE USING OUR WEBSITE AND/OR OUR APP AND SIGNING UP FOR OUR SERVICES AS THEY CONTAIN LEGAL RIGHTS AND OBLIGATIONS.
IN PARTICULAR, THESE TERMS AND CONDITIONS (INCLUDING OUR PRIVACY NOTICE) INCLUDE IMPORTANT DETAILS ABOUT HOW WE WILL STORE AND PROCESS YOUR PERSONAL DATA AND YOU SHOULD PAY PARTICULAR ATTENTION TO THESE.
OUR PRIVACY NOTICE FORMS PART OF THESE TERMS AND CONDITIONS BUT IS SET OUT SEPARATELY AND CAN BE ACCESSED HERE.
- What these Terms and Conditions cover: These Terms and Conditions are the terms on which we supply our services to you (the “Services”). We split the Services into “General Services” and “Credit Coach Services”. The General Services and Credit Coach Services are described in paragraph . These Terms and Conditions also apply to your use of our website and app.
- Why you should read them: Please read these terms carefully before you sign up for any of the Services. These terms tell you who we are, how we will provide the Services to you, how you and we may change or end the contract, what our liability to you is, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or you think these terms require any changes, please contact us at firstname.lastname@example.org to discuss your concerns. By using our website, our app or signing up for any of the Services you are entering into a contract with us on these Terms and Conditions.
INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are:
‘Noddle’ is a trading name of Credit Karma UK Limited, which has been part of the Credit Karma, Inc. group since April 2019. Credit Karma UK Limited operates this website and our app and will be providing the Services to you. Credit Karma UK Limited is a company established in England and Wales. Its company number is 07891157, its VAT number is 974 8228 76 and its registered office is c/o Legalinx Limited, One Fetter Lane, London, United Kingdom, EC4A 1BR (but see paragraph [2.3] below for the way to contact us).
In these Terms and Conditions, "we", "us" and "our" therefore refers to Credit Karma UK Limited.
Credit Karma UK Limited is authorised and regulated by the Financial Conduct Authority under number 737743. Authorisation can be checked on the Financial Services Register at https://register.fca.org.uk. Credit Karma UK Limited is also registered as a data controller with the Information Commissioner’s Office. This registration can be seen at https://ico.org.uk/esdwebpages/search.
We are an independent credit broker and credit information service provider and provide all of the Services for free, unless specified otherwise. However, we may receive commissions from our third party partners if you sign up for their products and offers through us.
How to contact us:
You can contact us by sending an email to us at email@example.com.
This contact email address can be used in relation to reporting any issues you have had in relation to your contract for the Services with us or in relation to any of the Services.
Any concerns in relation to the content of your credit report should be raised in a different way as set out in paragraph [19.1].
How we may contact you:
If we have to contact you we may do so in a number of ways by:
- writing to you at the email address you have saved on your account; or
- sending a text message to the mobile phone number you have saved on your account; or
- sending you a notification on your mobile device via our app;
- calling you on the phone number you have saved on your account; or
- any other communication method where you have given us the details to allow us to do so.
Please note that when we use the words "writing" or "written" in these terms and conditions, this includes emails.
Please ensure that you update your contact details on your account should any of these details change.
- Who we are: ‘Noddle’ is a trading name of Credit Karma UK Limited, which has been part of the Credit Karma, Inc. group since April 2019. Credit Karma UK Limited operates this website and our app and will be providing the Services to you. Credit Karma UK Limited is a company established in England and Wales. Its company number is 07891157, its VAT number is 974 8228 76 and its registered office is c/o Legalinx Limited, One Fetter Lane, London, United Kingdom, EC4A 1BR (but see paragraph [2.3] below for the way to contact us).
APPLICATION PROCESS FOR THE SERVICES AND OUR CONTRACT WITH YOU
Process for making an application to receive the General Services:
- You need to apply online at https://www.noddle.co.uk or download our app to your mobile device to create an account with us and receive the General Services. The General Services include the free for life credit report and credit score, as well as various other related services. We intend to continue to develop additional or improved General Services to provide to you in the future and help to support you in your credit journey. More details of these General Services can be found in paragraph [8.1].
- Once you have completed our online application process you will see an onscreen message indicating whether your application has been successful. If your application is successful we will also send you an activation link to the email address you provide.
- Activation Link: You should use the activation link we send you to activate your account (which will allow you to access your General Services and/or Credit Coach Services) within 24 hours of when we send it to you. If you don’t do this then you may have to go through the application process again. Once your account has been activated, you will receive welcome communications via one of the communication methods set out in paragraph [2.4] above.
- If your application for General Services is unsuccessful: Not everyone that applies for the General Services will be accepted as a user for General Services. We do not have to notify you why you have not been accepted but one reason for this may be that, at the time you make your application, we (or our service provider TransUnion) may have been unable to match your personal details to the correct credit report. You may also not have been accepted because you did not have enough of a credit history on your credit file to provide a credit report. If this is the case then you may be offered our Credit Coach Services. The Credit Coach Services gives you information on actions that you should consider taking to build up enough credit history for us to be able to provide a credit report and score to you in the future and we (or our service provider TransUnion) will also use the information you provide us to run checks from time to time to see if General Services are available to you (as further described in paragraph  below).
- Process for making an application to receive the Credit Coach Services: You may be offered our Credit Coach Services if your application for the General Services is unsuccessful as detailed in paragraph [3.3] above. Credit Coach gives you information on actions you should consider to build up enough credit history for us to be able to provide a credit report and score to you in the future, and we may also let you know if General Services are now available to you.
- When does the contract for the Services come into existence? The contract in respect of the General Services and Credit Coach Services will only come into existence between us once you have used the activation link to activate your account within the 24 hour period referred to in paragraph [3.2] above.
- How to correct errors in the application process: If your application is successful but you have made a mistake to your personal details during the application process you can update some of these details in your account. If you are unable to update any of your personal details this way you should contact us for assistance at firstname.lastname@example.org.
- Process for making an application to receive the General Services:
INFORMATION NEEDED TO PROVIDE THE SERVICES
- Information needed and what will happen if you do not give us the required information: We need certain information from you as part of the application process so that we can supply the Services to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and paragraph  will apply). We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. We may need to provide this information to third parties (including TransUnion) in order to be able to provide the Services. Further information relating to sharing information with third parties is set out in our Privacy Notice.
Need for us to obtain credit report data:
For us to be able to provide the General Services to you, we need to obtain your credit data, including your credit score and credit report and data related to them (such as details of your providers of credit, County Court Judgments in relation to you and reasons for changes in your credit score or credit report), as held in the credit reference database of TransUnion.
We do this by submitting, on your behalf, something called a “limited subject access request” in accordance with Article 15 of the General Data Protection Regulation as modified by section 13 of the Data Protection Act 2018 to TransUnion.
By signing up to these Terms and Conditions, you are providing all authorisations and permissions that are required by regulatory requirements to allow us to share your data with TransUnion in order to receive that credit data and related services from TransUnion.
Further information about what we do with your data is set out in these Terms and Conditions, including in our Privacy Notice.
When we submit a request for your credit data, this may leave a footprint on your credit file. This will be visible to you, us and TransUnion, but will not be visible to lenders or other persons seeking a credit report in relation to you from TransUnion. This will occur for up to thirty-six months following you successfully applying for the Services without further action from you.
References to “TransUnion” in these Terms and Conditions mean Callcredit Limited (company number 3961870), a credit reference agency authorised and regulated by the Financial Conduct Authority under number 737740, whose registered office is at One Park Lane, West Yorkshire, LS3 1EP. Authorisation can be checked on the Financial Services Register at www.fca.org.uk. The legal name of Callcredit Limited will be changing to TransUnion International UK Limited with effect from 30 April 2019. References to your “credit file” in these Terms and Conditions mean your TransUnion credit file.
In order to provide our users with the best possible service and ensure we are providing you with the most up to date information we can (including when we provide your credit score, credit report and relevant products or offers), we may submit requests for your credit data to TransUnion: (i) whenever you access the General Services; and (ii) on a weekly basis irrespective of whether you access the General Services. TransUnion may also supply certain credit data relating to you (such as notifications of changes to your credit score or credit report) on a more frequent or “real-time” basis in order that we can provide the General Services to you. By applying for the General Services, you authorise us to obtain on your behalf and use your credit data in this way.
- Retention of information: We may retain information relating to you, including the information you provide us with and the information we obtain from TransUnion in relation to you. Our Privacy Notice provides further details about this.
ACCESSING THE TERMS OF THE CONTRACT BETWEEN US
You can access the latest Terms and Conditions (including the Privacy Notice) with us for the applicable Services at any time in the footer of our website.
LIMITATIONS ON APPLYING FOR AND RECEIVING THE SERVICES
We only make the Services available in the UK:
Unfortunately, we do not accept applications for the Services or provide them to anyone who is not resident in the UK, the Channel Islands or the Isle of Man.
Some elements of the Services may not be available to residents outside of the UK.
By registering on our website or app and making an application for any of the Services you represent and confirm that you are resident in the UK, the Channel Islands or the Isle of Man and the information provided relating to your residency is correct.
You must update us as soon as possible if you are no longer resident in the UK, the Channel Islands or the Isle of Man.
Credit Karma separately provides similar services to residents of the USA and Canada; more information on these can be accessed at https://www.creditkarma.com/
- Over 18s only: You may only apply for and use the Services if you are over 18 years of age. By registering on our website or app and making an application for any of the Services you represent and confirm that you are over 18 years of age.
- Services for personal use only: You may only use and access the Services, our website and our app on your own behalf, for your personal non-commercial use and not on behalf of anyone else. You may not order credit information about anyone else from this website or via our app.
Analysis and Estimates:
We may use, or ask TransUnion to use, your credit data (including your credit report and credit score and your historical and trended credit data) and other information we obtain from, or in relation to, you to analyse, sort, and present certain information, services or features to you.
This may include:
- analysing the data to provide you with proprietary credit ratings or suggestions as to how you might improve your credit score;
- estimating how your credit score or credit report may change in the future (including based on specific changes to your credit profile or credit providers); and
- sorting, filtering or highlighting offers from our third party partners based on this data and our analysis of it to help indicate offers that we believe may be of greater interest to you.
Any analysis and estimates we provide as part of the Services are for illustrative and informational purposes only. Our analysis and estimates are based on certain assumptions and use only the data we have. Our analysis and estimates are neither endorsed by, nor commissioned by, any of our partners. The methodology we use to determine which offers, analysis, or other information is presented or highlighted is developed by us and our service providers and we and they may decide to consider, ignore, emphasise, or de-emphasise certain factors in our sole and absolute discretion.
- Third Party Offers: We do not guarantee that you will be presented with offers from our partners for any particular types of products or services or that you will meet the approval criteria for any particular offer. It is always your choice whether to apply for a product or service offered by our partners and we will never submit an application for a product or service to a partner on your behalf without your consent.
- Not a Legal or Professional Advisor: We are not a financial, legal or other progression adviser. Use of the Services is not a replacement for personal, professional advice or assistance regarding your finances, credit history or improving your credit rating.
- Compliance with Law: You must comply with all applicable laws, regulations and other rules when using the Services. You are not permitted to use the Services to obtain any credit report, score or other consumer or credit information under false pretences or in violation of any applicable law, regulation or other rule.
- Links to or Connections with Third Party Sites or Applications: The Services or communications to you may contain third party content or links to third party sites, applications or services (collectively, “Third Party Content”). The Services may also include features that allow you to connect your account with accounts or services provided by third parties, such as accounts you maintain with financial institutions or social media platforms like Facebook (collectively, “Third Party Services”). We do not control, maintain, or endorse the Third Party Content or Third Party Services, and we are not responsible or liable for any Third Party Content or Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Your interactions and business dealings with the providers of the Third Party Content or Third Party Services, including products or services offered by such third parties, are solely between you and the third party. You should review all of the relevant terms and conditions associated with Third Party Content or Third Party Services, including any privacy policies and terms of service. We are not responsible for any information that you agree to share with third parties in connection with Third Party Content or Third Party Services.
- We only make the Services available in the UK: Unfortunately, we do not accept applications for the Services or provide them to anyone who is not resident in the UK, the Channel Islands or the Isle of Man. Some elements of the Services may not be available to residents outside of the UK. By registering on our website or app and making an application for any of the Services you represent and confirm that you are resident in the UK, the Channel Islands or the Isle of Man and the information provided relating to your residency is correct.
CHANGES TO THESE TERMS AND CONDITIONS OR THE SERVICES
- Minor changes to the Services: We may make minor changes to Services to reflect changes in any relevant laws or regulatory requirements and/or to implement minor technical adjustments and improvements to the way we deliver the Services to you. These minor changes will not adversely affect your use of the Services in any significant way.
- More significant changes to the Services or to these Terms and Conditions: We may change these Terms and Conditions or make more significant changes to the Services than those set out above. If we do this we will notify you of the changes either by email or by a message when you next sign into your account. We will try to give you as much prior notice as we can of the proposed changes, although may be unable to give prior notice if we need to make any urgent changes. By continuing to use the Services, you will be deemed to have given your consent to these changes (although we may in certain circumstances also require you to explicitly confirm your consent).
Cancellation of the Services:
If the changes we may make in accordance with paragraph [7.2] above are significant and adversely affect your use of the Services and as a result, you don’t want to continue to receive the Services affected by the changes, then you can terminate your contract with us by letting us know in writing by e-mail to email@example.com.
If you pay for the Services that were significant and adversely affected, we will refund you any charges paid by you for those Services in respect of the period starting on the date that you let us know you want to cancel your contract with us.
Please also see paragraph , which sets out your general rights to terminate your contract with us.
PLEASE READ THESE PARAGRAPHS CAREFULLY AS IT EXPLAINS WHAT THE SERVICES WE PROVIDE ARE AND WHAT EXCLUSIONS APPLY. THERE ARE TWO TYPES OF SERVICES: GENERAL SERVICES AND CREDIT COACH SERVICES.
Once we accept your application for the General Services, we agree to provide the following services to you under these Terms and Conditions.
The General Services are provided for free, unless specified otherwise.
If you get the Credit Coach Services set out at paragraph [8.2] below you will not get the General Services unless and until we contact you to let you know otherwise.
TransUnion provides us with your credit file and other data, which we will provide to you in the form of a credit report online. The form of the credit report may be abridged, curated or supplemented with other data. We will generally request on your behalf and receive an updated credit report from TransUnion when you access your account or otherwise every seven days. We may store the information provided to us by TransUnion your credit report or information from your credit report. If TransUnion do not have sufficient information to provide a credit report for you, we may offer you our Credit Coach Services (as described more fully in paragraphs [3.3] and [8.2]).
We will carry out an assessment of your credit score and credit report and make a credit rating available to you based on this. This rating will be based on your history of borrowing and repayment.
We will provide your most recent credit score to you. Your credit score is an indicator of how good your credit history is and your likelihood of getting credit. This will be made available to you online and will be updated when you sign in to your account. Your credit score may be used, in an anonymous and aggregated fashion, to calculate average scores based on a variety of factors, including, but not limited to, region or age. Such average scores may be displayed to you in conjunction with the display of your credit score.
Partner Offers and Product Comparison Services
If you choose to use these services, we may provide the relevant supplier or partner with your personal data. Our Privacy Notice) sets out further details on how your personal data will be used to provide these services.
This Service is currently only provided to members who have previously paid to receive this Service. It is not currently possible for members not already receiving this Service to pay to receive it. However, we may make this Service free to some or all of our members in the future and/or rename it.
We seek to identify the key things which are affecting your credit score and provide suggestions as to actions that you may wish to take to improve your credit score. These are simply suggestions and not specifically tailored and detailed advice. In addition, we cannot guarantee that if you take the actions that we suggest your credit score will be improved. Also you should be aware that it will take time for any action taken to affect your credit score.
In addition to providing your most recent credit score, we will provide you with online access to your credit score history. Your credit score history provides you with certain of your previous credit scores and helps you track any changes and spot any trends which may have occurred in your credit score. You will not receive your credit score history for any period before you were accepted as a user of the Improve services. You will not receive your credit score history unless you apply, and are accepted, for the Improve Services. We may in the future provide other historic credit reports or credit data through this or another similar service.
This Service is currently only provided to members who have previously paid to receive this Service. It is not currently possible for members not already receiving this to pay to receive this Service. However, we may make this Service free to some or all members in the future and/or rename it.
TransUnion may provide us with alerts when there are changes to your credit score, credit report or other information they hold about you.
We may use these alerts to provide various Services to you, which may include a communication via any one or more of the following means: (i) the email address you have saved on your account; (ii) text message to the mobile phone number you have saved on your account; (iii) a notification on your mobile device via our app; or (iv) any other communication method you have provided us. It is your responsibility to ensure the contact details we hold for you are up to date.
The alert will contain details of any alerts that have been triggered on your credit report or may provide you with a link to a section of our website or app where you may view the details of the alert.
If you receive a communication notifying you of any alerts on your file you should log into your account to obtain further detail of the alert. On logging in to your account, you will be able to view further details of the alert. It is your responsibility to log into your account to get further detail of the alert.
Alerts is a notification only service. You are responsible for taking action in relation to the alert and logging into your account to get further detail of the alert. We will not take any action other than notifying you of the alert.
You should not rely solely on the Alerts Service to ensure that your credit report is up to date. It is your responsibility to regularly check your credit report to ensure that the information recorded in it is accurate and up to date.
Web Watch services
This Service is currently only provided to members who have previously paid to receive this Service. It is not currently possible for members not already receiving this to pay to receive this Service. We may discontinue this Service in the future, in which case we will directly contact members who receive it in advance of doing so.
Web Watch is a service currently provided by TransUnion through C6 Intelligence Information Systems Limited, but may in the future be provided by an alternative service provider. If we receive details from that service provider that your personal data is being traded or being sold fraudulently on the Internet, chat rooms, bulletin boards and file sharing sites, we may notify you that we have received an alert from the service provider. It is your responsibility to ensure the contact details we hold for you are up to date to receive these alerts. We will use one of the following means: (i) the email address you have saved on your account; (ii) text message to the mobile phone number you have saved on your account; (iii) a notification on your mobile device via our app; or (iv) any other communication method you have provided us. On receiving the communication you will be able to log in to your account to obtain further detail of the Web Watch alert.
For us to be able to provide the Web Watch Services to you, you will need to provide to us certain personal information (which we will request from you) that is to be monitored. It is very important that you provide accurate details to us and ensure they are kept up to date. You agree that we can provide the information to a service provider in order to provide the Web Watch Services to you.
We are unable to offer this Service unless you have provided all of your details to us that we have requested. Also, it is important for this Service in particular that you keep your details up to date. You can update your information saved on your account as often as you like and monitoring will start instantly.
Web Watch is a notification only service. You are responsible for taking action in relation to the alert and logging into your account to get further detail of the alert. We will not take any action other than notifying the alert to you. The general guidance given in relation to Web Watch Services is not tailored to your specific circumstances. You should therefore consider your own specific circumstances in deciding what action to take in response to the alert. You should not rely solely on the Web Watch Services to ensure that your personal data is not being used or disclosed unlawfully. The Web Watch Services do not replace your responsibility to regularly check your financial information and credit report to ensure that the information recorded in it is accurate and up to date.
- Credit Report
Credit Coach Services
Where you do not have enough credit history on your credit file to enable a credit report to be generated for you, we may offer you the Credit Coach Services. The Credit Coach Services give you information on actions that you should consider taking to build up enough credit history for TransUnion to provide a credit file and score to you in the future. You may request a copy of your credit file based on the data TransUnion do hold at https://www.callcreditstatreport.co.uk/CreditReport. We may check the information you have provided us during sign-up from time to time to see whether there is enough information to enable you to be provided with the General Services and we will contact you if this is the case. Any such check will leave a footprint on your credit file but this footprint will only be visible to you, us and TransUnion; credit providers and other businesses will not be able to see this on your credit file.
- General Services: Once we accept your application for the General Services, we agree to provide the following services to you under these Terms and Conditions. The General Services are provided for free, unless specified otherwise. If you get the Credit Coach Services set out at paragraph [8.2] below you will not get the General Services unless and until we contact you to let you know otherwise.
AVAILABILITY OF THE SERVICES
- Whilst we will try to make sure that the Services are available for use as much as possible we cannot guarantee their availability. You will appreciate that we need to take our website, our app and/or the Services down from time to time for maintenance. We will try to do this at times when we are expecting low usage but cannot guarantee that this will be the case.
If we have to suspend access to any paid Services for longer than 21 days in any calendar month:
- we will, on request, refund the amount of fees paid by you for that paid Service for the part of the calendar month where it was suspended; or
- you may cancel your contract with us as set out in paragraph , in which case we will refund you any charges paid by you for those Services in respect of the period starting on the date that you let us know you want to cancel your contract with us.
- No software provider can fully guarantee that its website and/or content is completely virus and bug free, but you should be aware that we are committed to trying to make the Services as virus and bug free as we can and use suitable virus checking software in relation to these services, our website, our app and its content. You should, however, still use appropriate virus checking software on the devices you use to access our website, our app and the Services.
ACCURACY OF INFORMATION WE PROVIDE
- It is important to us that the information we supply to you from TransUnion and our other service providers is as accurate as possible and they use reasonable efforts, and act in accordance with regulatory requirements, to verify its accuracy. We cannot guarantee that it is completely accurate, however. Also, as you will appreciate some of this information comes from other businesses and sources, such as the electoral register, insurance companies or financial institutions. Neither TransUnion, nor any other third parties used to provide the Services have any control over the content of such information and are not responsible if it turns out to be inaccurate. If you consider the information we provide to you to be inaccurate please raise a query using the process in paragraph [19.1].
- Whilst some of the Services will provide information to you this is provided for your education, guidance and information only. Any businesses that carry out credit searches will take information from a number of sources and use their own criteria in making decisions based on it. In particular, the fact that you have a good credit score or report does not mean that a lender, credit card company or other credit provider or provider of financial services products will use the same credit score or report or accept your application. They may have their own acceptance criteria and your credit score and report does not take into consideration affordability issues which they consider (for example, factors relating to your likely ability to repay the credit provided, including in the event of a change in your circumstances or general market events such as interest rate changes in the future).
MONITORING OF THE SERVICES AND DISCLOSURE FOR ADMINISTRATIVE AND LEGAL REASONS
We have the right, but not the obligation, to monitor the Services electronically. We may access, use, preserve, transfer or disclose, at any time and without notice to you, any information where reasonably necessary to: (i) comply with any applicable law, regulation or rule, court order or process or to cooperate with any governmental or regulatory authority; (ii) ensure compliance with these terms and conditions including to investigate potential violations; (iii) otherwise protect the safety, integrity, rights, or security of our members, the Services or equipment, or any third party; or (iv) detect, prevent, or otherwise address fraud, security, or technical issues related to the Services or the services of our partners.
DURATION OF THE SERVICES
- When does your access to the Services start? Paragraph [3.5] makes it clear when your contract for the Services begin. If your application for General Services is unsuccessful you may be offered our Credit Coach Services as detailed in paragraph [3.3]. You will be given access to the relevant Services on our website and/or via our app and you will start to receive those Services from that point.
- Continuation of the Services: We will automatically continue to provide the Services until they are cancelled in the way set out below in paragraph  or paragraph .
- Paid Services: We are not currently accepting new applications for paid Services. If you are currently in the middle of a 12 month contract for paid Services, we will continue to provide those paid Services to you for the remainder of that period. You may cancel these paid Services at any time as set out in paragraph . Except as otherwise set out in these Terms and Conditions, you will not be entitled to any refund of amounts you have paid for Services. We may choose at any point to make any or all of the currently paid Services available to some or all of our members for free.
- Retention of data: As set out in our Privacy Notice, we may retain your data for a period following your contract for Services coming to an end.
- Contract end: These Terms and Conditions are effective until your account is deactivated and you discontinue all use of the Services. Notwithstanding this, any part of these Terms and Conditions that is by its nature is intended to survive past the end of our contract with you or your use or access to the Services will continue to apply.
YOUR RIGHTS TO END THE CONTRACT WITH US
- How to cancel the Services: If you no longer wish to receive any Services, you may tell us to cancel them by emailing us at firstname.lastname@example.org. We will administer this change within a reasonable time and this action will close your account and end this contract.
- If you tell us that cancellation is a matter of urgency (e.g. if you think that someone has got access to your password) we will do our best to cancel your registration as soon as possible.
OUR RIGHTS TO END THE CONTRACT WITH YOU
When we may end our contract with you:
- We may cancel your registration on our website or via our app and cancel your receipt of any of the Services because of your misuse of the Services (which includes use of the Services in a way which is not permitted by these Terms and Conditions where there is fraud or reasonable grounds to suspect fraud).
- We may also terminate the provision of any Services which we provide for free to you at our sole discretion at any time.
- Your Credit Coach Services contract will come to an end if you are accepted for General Services and the Terms and Conditions applicable at that time (as updated from time to time) will apply to the subsequent provision of General Services to you.
- When we may end our contract with you:
- Rights to access the Services, our website and our app is personal to you: Your right to access the Services is personal to you. You must not allow any other person to have access to your account or the Services using your username and password. You must keep your username and password confidential. You must contact us immediately if you believe that there is any kind of security issue relating to or associated with your account with us.
- Ability to suspend your access to the Services, our website and our app: We reserve the right to suspend your access to our website, our app and the Services if at any time we consider that there is or is likely to be a breach of security or your use of our website or the our app is in any way detrimental to us, our members, our partners or anyone else.
- Obligations to change passwords: We reserve the right to require you to change any or all of the passwords used by you in connection with our website, our app and/or the Services.
COPYRIGHT, TRADE MARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
- Your acknowledgement that we own copyright etc. in our website, our app and the Services: You acknowledge and agree that all content and materials, including but not limited to images, text, visual interfaces, information, data, and computer code, provided by us or TransUnion through the Services (including copyright, trade marks and all other intellectual property rights in our website, our app, the Services and all aspects of them) are owned by us, TransUnion and our and their other partners and service providers. You are permitted to use this content and materials only when using the Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our content or materials, in whole or in part, without our express prior written consent. You may not reverse engineer or reverse compile any of the Services or the technology used to operate the Services. Nothing in these Terms and Conditions or the Services grants you, by implication, estoppel, or otherwise, any license or right to use our content or materials except as expressly stated in these Terms and Conditions.
- Your ability to take copies: You may take reasonable copies of the information or reports provided as part of the Services solely for your own personal use. You may not use it on a commercial basis. You may not sell it on, republish it, redistribute it, copy (except as permitted above) or adapt it.
PLEASE READ THIS PARAGRAPH CAREFULLY AS IT EXPLAINS WHAT LIABILITY WE HAVE TO YOU AND WHAT EXCLUSIONS APPLY
- When are we liable to you: If we do not comply with the terms of our contract with you or we do not use reasonable care and skill in providing the Services to you then we will be responsible for the loss and damage which is a foreseeable result of this breach. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
- No liability where the loss or damage is not foreseeable: We are not responsible for any loss or damage which is not foreseeable. This includes losses and damages known as “special”, “indirect”, “incidental”, “consequential” or “punitive” damages, including loss of profits, loss of goodwill, loss of use, loss of data, business interruption and any other intangible losses.
- We are not liable for business losses: We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you in respect of that, including for any loss of profits, loss of or damage to reputation, loss of contracts, loss of opportunity, loss of business, loss or depletion of goodwill, increased overheads or administration expenses, management time, loss of savings.
- Accuracy of content: All of the Services (including any content made available through them) are provided “as is” and “as available”. We don’t make any promises or give any other guarantees (explicit or implicit) relating to them including relating to the accuracy or the information provided or their fitness for purpose. In particular, we expressly disclaim any liability for any errors or omissions in the Services provided to you (including any content made available through them), including the inaccuracy or incompleteness of credit reports, credit scores, offers or other information we make available to you.
- Lack of availability: We will not be liable to you for any unavailability or lack of functioning of our website, our app or any of the Services.
- Use of the Services: We will not be liable to you for any loss or damage resulting from the use of our Services (including the content provided as part of them) or any other content displayed in our communications, website or app.
- Financial limit: Where we do not charge you a fee for the Services, our total liability to you for any losses or damage suffered is limited at £100. In relation to any Services where we charge you a fee, our liability is limited at the higher of: (i) the fees you have paid us in the previous 2 years; and (ii) £100.
- We don’t exclude liability where we are not permitted to: We do not disclaim liability for any liability which we cannot disclaim, exclude or restrict under the rules of the Financial Conduct Authority, the Financial Services and Markets Act 2000 or any other applicable laws.
DATA PROTECTION, COOKIES AND PRIVACY NOTICE
- What personal information we collect and how we use it: We will collect personal information in connection with your use of the Services via our website and/or our app, as well as in connection with your general dealings with us (such as surveys, user testing, research and session tracking). Our Privacy Notice has details of what information we collect, what we do with that information (including sharing it with third parties), how long we retain it for, your rights in relation to that information and any other related matters such as cookies and pixels. The Privacy Notice forms part of these Terms and Conditions and by signing up to the Services, you are confirming that you have read, understand and agree to the Privacy Notice.
QUERIES AND COMPLAINTS
Queries in relation to your credit report information:
In the event that there is an unexpected result in your credit report or you feel that the information is otherwise not correct or valid you should raise a query by using the online process which can be accessed via your credit report.
This will raise a dispute with the credit reference agency run by TransUnion.
All other queries or complaints should be raised with our customer services team at email@example.com. Depending on the subject matter of the query or complaint, we may need to pass it on to TransUnion for resolution.
- How to complain: If you have any complaints in relation to the Services then please contact our customer services team at firstname.lastname@example.org. You can find our customer complaints policy [here].
We have a complaint handling process, which includes alternative dispute resolution (a process where an independent body considers the facts of a dispute and seeks to resolve it without you having to go to court).
If we have not responded within 8 weeks or we have sent you our final response and you are not happy with how we have handled any complaint, you may want to contact the statutory alternative dispute resolution provider for financial services in the UK – the Financial Ombudsman Service. The Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. The contact details for the Financial Ombudsman Service are:
- Online Dispute Resolution Platform: You may also complain using the European Commission’s Online Dispute Resolution platform. This is an online facility designed to help consumers to resolve complaints they have, where they have bought goods and services online. This platform can be accessed via the following link: https://webgate.ec.europa.eu/odr.
- Queries in relation to your credit report information: In the event that there is an unexpected result in your credit report or you feel that the information is otherwise not correct or valid you should raise a query by using the online process which can be accessed via your credit report. This will raise a dispute with the credit reference agency run by TransUnion.
YOUR LEGAL RIGHTS
- We are under a legal duty to supply services that are in conformity with these Terms and Conditions. Nothing in these Terms and Conditions will affect your legal rights. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
Where you have paid for the Services, the Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it;
- if you haven't agreed a price upfront, what you're asked to pay must be reasonable;
- if you haven't agreed a time upfront, it must be carried out within a reasonable time.
LINKS TO OTHER WEBSITES
- Circumstances beyond our control: We shall be under no liability for any delay or failure to deliver the Services or otherwise perform any obligation under these Terms and Conditions if the delay or failure is caused by circumstances beyond our reasonable control.
- What happens if a court finds any part of these Terms and Conditions to be illegal: If a court finds part of these Terms and Conditions illegal, the rest will continue in full force because each of the paragraphs (and sentences within them) of these Terms and Conditions operates separately.
- No rights given to third parties: These Terms and Conditions do not give any rights to anyone apart from you and us.
- Which law applies and where you can bring court action: These Terms and Conditions are governed by the law of England and Wales and you can bring legal proceedings in respect of the products in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- Transfer of rights and obligations: We may transfer our rights and obligations under these Terms and Conditions to another organisation without your consent. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within four weeks of us telling you about it and we will refund you any payments made for any paid Services in respect of the date on which you contact us requesting to cancel the contract. These Terms and Conditions are personal to you and you may not assign or otherwise transfer your rights and obligations under these Terms and Conditions.
- Entire contract: These Terms and Conditions (including our Privacy Notice) are the entire and only agreement between us and you in connection with your use of the Services.
- No waivers: Our failure to enforce any of its rights or act with respect to a breach by you or others of these Terms and Conditions does not constitute a waiver of any rights and will not limit our rights with respect to that breach or any subsequent breaches. No waiver by us of any of these Terms and Conditions will be of any force or effect unless made in writing and signed by a duly authorised officer of Credit Karma UK Limited.
Last updated April 2019