PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Terms of Website Use
Other Applicable Terms
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
If you access or purchase services from our site, our terms and conditions of supply will apply to the sales.
Please also note that some elements of our site and the services we provide are provided by third party providers whose own terms and conditions of use will also apply to your use of such elements of our site or our services.
Information About Us
www.yormoney.co.uk is a site operated by Yor License Limited (“We”). We are registered in England and Wales under company number 09177009 and have our registered office at 127 Station Road, Bamber Bridge, Preston, Lancashire, United Kingdom, PR5 6QS. Our main trading address is 127 Station Road, Bamber Bridge, Preston, Lancashire, United Kingdom, PR5 6QS.
We are a limited company.
Changes to These Terms
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to Our Site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing Our Site
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Your Account and Password
If you choose, or you are provided with, a user identification code, username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code, username or password, you must promptly notify us at firstname.lastname@example.org.
Intellectual Property Rights
We are the licensee of all intellectual property rights in our site and in the material published on it (with the licensor being our parent company, Yor-Company Limited). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensor.
No Reliance on Information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of Our Liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user 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, or inability to use, our site (including, without limitation, inability to register for or access our online software applications); or
• use of or reliance on any content displayed on our site (including but without limitation, you acting upon any figures and/or results obtained from your use of the site or for conclusions drawn from such use); or
• use of our site by anyone based outside of the United Kingdom.
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
Nor will we be liable for any loss or damage caused by your failure to comply with proper security procedures, including, without limitation, sharing, or not taking appropriate measures to keep confidential, your password, user identification code and username.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of, and your use of, any services provided by us to you (to include services provided to you through accessing our various online software applications) which will be set out in our Terms and conditions of supply.
Uploading Content to Our Site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to any public forum on or accessed through our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our site do not represent our views or values.
Rights you License
By submitting information and other content to any public forum on, or accessed through, our site you are granting a perpetual, worldwide, non-exclusive, royalty-free, transferable licence:
• to us, to use that user generated content in connection with the service provided by our site and across different media and to promote the site or any services we may supply through our site; and
• to our third parties (including, but without limitation, our partners, advertisers and online service providers), to use, reproduce, distribute, prepare derivative works of, display, and perform that user generated content for their own purposes or in accordance with the functionality of the site.
The term of such licence shall expire upon the relevant information and/or other content being deleted (either by us or you).
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to or accessed through our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy [INSERT AS LINK TO ACCEPTABLE USE POLICY].
If you wish to make any use of content on our site other than that set out above, please contact us at email@example.com.
Third Party Links and Resources in Our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
The following marks are UK registered trade marks of our parent company, Yor-Company Limited, which are licensed to us for use.
To contact us, please email firstname.lastname@example.org.
Thank you for visiting our site.
Yor License Limited (“We”) are a member of the group of companies owned by Yor-Company Limited (the “Yor Group”) and the Yor Group is committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Yor License Limited of 127 Station Road, Bamber Bridge, Preston, Lancashire, PR5 6QS.
Information We May Collect From You
We may collect and process the following data about you:
• Information you give us. You may give us information about you by filling in forms on our site www.yormoney.co.uk (or through the associated website www.secure.yormoney.co.uk through which our software is accessed) (our site) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, access or subscribe to any of our services (including without limitation, our online software applications), place an order on our site, participate in discussion boards or other social media functions on our site or enter a competition, promotion or survey and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph and information relating to your budgeting and expenditure habits (including details of financial products or services you have purchased).
• Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
• technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
• information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products or services you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
• Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them. In particular,
Uses Made of the Information
We use information held about you in the following ways:
• Information you give to us. We will use this information:
• to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
• to provide you with information about other products and services we, and selected third parties, offer that are similar to those that you have already subscribed to, purchased or enquired about or that we feel may interest you (including products or services which may enable to you make savings). We will only contact you in this way by electronic means (e-mail or SMS). If you do not want us to use your data in this way, please contact us by emailing us at email@example.com;
• to notify you about changes to our service;
• to ensure that content from our site is presented in the most effective manner for you and for your computer.
• Information we collect about you (including, without limitation, information collected from the Service Provider). We will use this information:
• to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• as part of performing statistical analysis of the behaviour of the users of our site and to create anonymised statistical data which we may use at our discretion (including, without limitation, sharing the same with third parties);
• to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
• to allow you to participate in interactive features of our service, when you choose to do so;
• as part of our efforts to keep our site safe and secure;
• to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
• to make suggestions and recommendations to you and other users of our site about products or services that may interest you or them.
• Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
Disclosure of Your Information
We may share your personal information with any member of the Yor Group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:
• Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
• Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregated, non-personally identifiable information about our users (for example, we may inform them that 250 men aged between 21 and 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in PR1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
• Analytics and search engine providers that assist us in the improvement and optimisation of our site.
• Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
We may disclose your personal information to third parties:
• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• If Yor License Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
Where We Store Your Personal Data
All information you provide to us (aside from information to be used for account aggregation purposes which will be stored on the Service Provider’s server) is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by contacting us at firstname.lastname@example.org.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to Information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We may use the following cookies:
• Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. They also helps us to create anonymised statistical data (which we may use at our discretion, including, without limitation, sharing the same with third parties).
• Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our website www.yormoney.co.uk (and also the associated website www.secure.yormoney.co.uk through which our software is accessed) (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use .
www.yormoney.co.uk is a site operated by Yor License Limited (we or us). We are registered in England and Wales under company number 09177009 and we have our registered office at 127 Station Road, Bamber Bridge, Preston, Lancashire, United Kingdom, PR5 6QS. Our main trading address is 127 Station Road, Bamber Bridge, Preston, Lancashire, United Kingdom, PR5 6QS.
You may use our site only for lawful purposes. You may not use our site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below..
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-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.
You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
• Not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
• Chat rooms or forums.
• Bulletin boards.
• Live help chat.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
• 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.
Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and Termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the Acceptable Use Policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
SUPPLY OF SERVICES
These Terms form our legally binding agreement with you in relation to the Service (Agreement) and apply to you whether you are visiting our site or have registered to be a user of the features of our site. Please read these Terms carefully and make sure that you understand them. If you intend to become a registered user of our site (User) you must accept these Terms as part of the registration process. If you refuse to accept these Terms, you will not be able to become a User.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in paragraph 6. Every time you use the Service, please check these Terms to ensure you understand the terms which will apply at that time.
IMPORTANT NOTICE TO CONSUMERS:
• YOU HAVE THE RIGHT TO WITHDRAW FROM ANY TRANSACTION EFFECTED THROUGH OUR SITE WITHOUT CHARGE AND WITHOUT ANY REASON BEFORE YOU ACCESS THE RELEVANT SERVICE OR DIGITAL CONTENT.
• HOWEVER, YOU WILL LOSE THE RIGHT TO CANCEL THE TRANSACTION ONCE YOU HAVE ACCESSED SUCH SERVICE OR DIGITAL CONTENT.
• As this is a contract for the supply of digital content not on a tangible medium, we must not begin the supply of digital content to you before the end of the cancellation period (which starts on the date of the Agreement and ends 14 days after such date). However, by entering into this Agreement you are requesting that we begin the supply of the digital content before the end of the cancellation period and you accept and agree to the following statement:-
“I hereby consent to immediate performance of the contract and acknowledge that I will lose my right of withdrawal from the contract once I have started to access the digital content”.
These Terms, and any Agreement between us, are only provided in the English language form.
1. Information About Us
1.1 We operate the website www.yormoney.co.uk (and also the associated website www.secure.yormoney.co.uk through which our software is accessed). We are Yor License Limited, a company registered in England and Wales under company number 09177009 and with our registered office at 127 Station Road, Bamber Bridge, Preston, Lancashire, PR5 6QS, United Kingdom.
1.2 Our site and all other intellectual property relating to provision of the Service is owned by our parent company, Yor Company Limited, a company registered in England and Wales under company number 07820030, which has licensed to us the right to use such intellectual property.
1.3 Contacting us:
1.3.1 If you wish to contact us, or our parent company, Yor Company Limited, for any reason, including complaints, you may do so by telephoning our customer service team on 0800 756 9477 or by e-mailing us at email@example.com. We will endeavour to respond to any complaint you may have as quickly as possible and we will use our best efforts to find a satisfactory solution to your complaint.
1.3.2 Any notices to be sent by you to us under this Agreement should be emailed to us at firstname.lastname@example.org.
1.3.3 If we wish to contact you or give you notice in writing, we will do so by e-mail, text message or by pre-paid post to the address you provide to us when registering to use our site.
2. Overview of the Service
2.1 The Service consists of the following online software applications:
2.1.1 YOR Money (a free application)
2.1.2 YOR Money + (a paid-for application)
2.1.3 YOR Apps (a combination of free and paid-for applications)
with features as described on our site and any maintenance release which you acquire from us during the term of the Agreement, together with any updated versions thereof and any additional applications as we may develop for you from time to time (the Applications).
2.2 All figures and/or results obtained from your use of the Service and for conclusions drawn from such use:
2.2.1 is based upon data provided by you and you are responsible for ensuring that such data is correct; and
2.2.2 should be used for guidance purposes only and should not be construed as legal, financial or tax advice or recommendations. We are not authorised to provide advice under the Financial Services and Markets Act 2000 and, if you require financial advice (including advice on whether to act on any figures and/or results obtained from your use of the Service and for conclusions drawn from such use) then we recommend that you seek advice from an authorised financial advisor.
2.3 The Service is a personal finance budgeting service that allows Users to aggregate and track their financial information. Based on such information, the Service may provide you with information relating to third party products or services.
2.4 Some features of the Service may allow you to retrieve your own information maintained online by third-party financial institutions with whom you have a customer relationship. We refer to this as ‘account aggregation’ and examples include bank accounts and credit cards. We have no responsibility for the products and services provided to you by these third parties. We use one or more online service providers to access this information (Service Provider). Please also note that we do not check the account aggregation information for accuracy. When displayed through the Service, aggregated information is only as up to date as the information obtained through such sites. Such information may be more up-to-date when obtained directly from the relevant sites.
3. Use of Our Site
3.2 You may only make purchases through the Service if you are at least 18 years old.
4. Licence and Term
4.1 We grant to you, subject to these Terms, a non-exclusive and non-transferable licence to use the Applications for the durations stated below:
4.1.1 in relation to Yor Money, for an indefinite period subject to paragraph 4.3;
4.1.2 in relation to Yor Money +, for a period of 12 months from the date we initially provide you with access to this software; and
4.1.3 in relation to Yor Apps, for an indefinite period subject to paragraph 4.3
subject to payment of the applicable fees in accordance with paragraph 9 and provided that this Agreement has not been terminated by us.
4.2 The initial term of this Agreement will commence on the date you accepted these Terms by clicking on the application link and shall continue indefinitely until terminated in accordance with this Agreement.
4.3 If you fail to log into Yor Money for a period of at least 12 months then we reserve the right to terminate this Agreement with you, deregister you and delete all data submitted by you and held by us. Further if you have also purchased any of Yor Apps then we also reserve the right to prevent access to such applications if, at the time in question, you are not registered for Yor Money for whatever reason.
4.4 Subject to paragraph 4.5, you have no right to transfer your rights or your obligations under these Terms in whole or in part or allow us to become the subject of any charge, lien or encumbrance without our prior written consent. However we may sub-licence, assign, charge or otherwise transfer any of our rights or obligations under these Terms provided this will not affect your rights or our obligations under these Terms.
4.5 As the main account holder, once logged in to our site as a User you may nominate up to 6 members of your household to become additional account holders. Such additional account holders will be provided with personal usernames, will be asked to set up a password and will be asked to accept and be bound by the content of these Terms.
4.6 We reserve the right to refuse your application to become a User of our Service if we consider, in our absolute discretion, that this is appropriate.
5. How We Use Your Personal Information
5.1 In this paragraph 5, the terms ‘us’ and ‘we’ shall include us and our Service Provider.
5.3 We may use, modify, display, distribute and create new material using such content to provide the Service to you. By submitting this content, you automatically agree, or promise that the owner of such content has expressly agreed that, without any particular time limit, and without the payment of any fees, that we may use such content for the purposes set out above.
5.4 As between us and our Service Providers, we are the licensee of your confidential account information.
5.5 Yor Money + includes an account aggregation feature and by using such Application you expressly authorise us to undertake account aggregation through identified third parties, on your behalf as your agent, including seeking access to such third party accounts, retrieving information requested by you and registering accounts requested by you.
5.6 When you use the “Add Accounts” feature of the Service, you will be directly connected to the website for the third party you have identified. Our Service Provider will submit information, ordinarily your username and password you provide to them, in order to log you in to the site. You hereby authorise and permit us to use information submitted by you to the Service (such as account passwords and user name) for this purpose and to configure the Service so that it is compatible with third party sites for which you submit the information.
5.7 For the purposes of this Agreement and solely to provide account aggregation to you as part of the Service, you grant us with a limited power of attorney (which shall be irrevocable during the course of providing the Service), and you hereby appoint us as your true and lawful attorney and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve and use your information, with the full power and authority to do and perform each thing necessary in connection with such activities, as you might or could do in person.
5.8 You acknowledge and agree that when we access and retrieve information from third party sites, we are acting as your agent, and not the agent, or on behalf, of the third party.
5.9 You agree that third party account providers shall be entitled to rely on the authorisation, agency and power of attorney granted by you in paragraphs 5.7 and 5.8.
5.10 You understand and agree that the Service is not endorsed or sponsored by any third party account providers accessible through the Service.
6. Our Right to Vary These Terms
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you use the Service, the Terms in force at the time of such usage will apply.
6.3 If we revise these Terms, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Agreement if you are not happy with the changes. You may cancel either in respect of all the affected Service or just the Service you have yet to receive.
7. Support Services
7.1 We will, as part of the Service and at no additional cost to you, provide you with access to a help centre which will contain video guidance and links to documentary guidance on accessing the Service. You are free to direct any technical queries or improvements suggestions to us at email@example.com.
7.2 We may amend our support services policy in our sole and absolute discretion at any time.
8. Price of Applications
8.1 The price for accessing the paid-for Applications will be as quoted on our site, as varied from time to time. We take all reasonable care to ensure that such prices are correct at the time when the relevant information was entered onto the system.
8.2 Prices for the Applications may change from time to time, but changes will not affect any order for Applications you have already placed.
8.3 Our prices include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
8.4 Where our Applications include optional additional and built-in purchases (for example, apps that include in-app purchases, such as add-ons offered for additional payment) then:
8.4.1 such additional purchasing options may be offered, before acquiring access of the relevant Application;
8.4.2 we will require your express consent to such additional payments;
8.4.3 we will inform you about the payment arrangements for these additional purchases before signing up to relevant Application in which they are offered;
8.4.4 our default setting for payments will not allow the additional purchases to be made without your explicit consent (e.g. via a password or other appropriate means); and
8.4.5 in relation to in-app purchases, when the system provides for time slots for the validity of authentication (e.g. a 15 minutes slot), we will not automatically apply default settings, but rather request your explicit consent also in relation to the applicable duration of the validity.
9. How to Pay
9.1 In relation to Yor Money +, we will invoice you annually in advance, by email, and, once you have paid this invoice, you will be granted access to this application for a period of 12 months (Term) in accordance with paragraph 4. Automatic Renewal applies to Yor Money +, as set out in clause 9.2.
9.2 Your subscription to Yor Money + will automatically renew at the end of each Term for another 12-month term in the manner set out in the following sub-clauses:
9.2.1 You agree that we may automatically renew your subscription and charge your account on the one year anniversary of your last subscription date (the Renewal Date), unless you cancel your subscription before the Renewal Date. We will automatically renew your subscription each year on the Renewal Date until you cancel your subscription or we no longer offer the application.
9.2.2 You will receive an email notice approximately 30 days prior to the Renewal Date. The notice will let you know that your current subscription term is about to end and the Renewal Date when your subscription will be renewed and your account charged. All notices regarding your subscription will be sent to your last email of record.
9.2.3 To cancel your subscription without your account being charged for the next term, you must contact us on 0800 756 9477 before the Renewal Date. Please keep a record of when your subscription term ends and the next Renewal Date. You are responsible for timely cancelling your subscription regardless of whether you receive any notice from us.
9.2.4 The renewal payment is due on the Renewal Date and will automatically be charged to the same credit card that you used for the original subscription or the most recent renewal. Please email us before the Renewal Date of any changes to your email, account or billing information. The renewal price will be the same price as for the prior 12-month subscription term unless we give you advance notice of a price change. You will also receive a notice if there are any changes to the subscription service terms.
9.3 In relation to Yor Apps, we will invoice you in advance, by email, and, once you have paid this invoice, you will be granted access to the relevant application in accordance with paragraph 4.
9.4 If you fail to pay any amount payable by you under this Agreement we shall be entitled to downgrade your account to the Yor Money application only (the free application) and also charge interest on the overdue amount payable by you forthwith on demand from the date due up to the date of actual payment, after as well as before judgment, at the rate of 3% per annum above the base rate for the time being of the Bank of England. Such interest shall accrue on a daily basis and be compounded quarterly. We also reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
9.5 If we downgrade your account as set out in paragraph 9.3 you will pay any outstanding balance for any invoiced amount and will be invoiced for any un-invoiced usage.
9.6 You can only pay for the Service using a debit card or credit card. We accept the following cards: Visa, Mastercard and American Express. Please note that we may, in the future, offer you the option of making payment by monthly direct debit.
9.7 We may increase our prices and/or the excess storage fees payable at any time upon 90 days’ prior notice and paragraphs 9 and 11.1.4 shall be deemed to have been amended accordingly.
10. Performance arrangements
10.1 Once you have made the appropriate payment for access to an Application in accordance with paragraph 9 of these Terms and have accepted these Terms and any other pre-contractual information that we are required to provide to you, we will provide you with an email confirming your order details and attaching a copy of these Terms.
10.2 We will then provide you with access to the relevant Application as soon as we can.
11. Your undertakings
11.1 You undertake to us that:
11.1.1 you will not allow any person or entity other than yourself and any additional account holders to use the Service
11.1.2 you are responsible for maintaining the confidentiality of your password which, together with your username, allows you access to the Service
11.1.3 you will let us know as soon as practicable if any of your User details change, particularly your email address, mobile email address and mobile phone number so that we can send any further alerts to the new address provided
11.1.4 you will not upload data to our systems in excess of 50Mb and, in the event that you exceed this limit, you will liable to pay additional document storage fees at the rates applicable at that time (details of which can be found within the app store).
11.1.5 you will not store, distribute or transmit any computer viruses or any material during the course of your use of the Service that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images promotes unlawful violence; is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or in a manner that is otherwise illegal or causes damage or injury to any person or property and we reserve the right, without liability or prejudice to our other rights to you, to disable your access to any material that breaches the provisions of this paragraph
11.1.6 you agree to use the content delivered to you through Yor Money + only on the Service.
11.2 You also undertake to us that you will not:
11.2.1 except as may be allowed by any applicable law which is incapable of exclusion by agreement between us:
18.104.22.168 and except to the extent expressly permitted under this Agreement, attempt to copy, modify, duplicate, monitor, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of our Applications, any documentation relating to our Applications (as applicable) or any content delivered through the Service in any form or media or by any means (including, without limitation, by use of any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology); or
22.214.171.124 use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service other than the search engines and search agents available through the Service and other than generally available third party web browsers (such as Microsoft Internet Explorer); or
126.96.36.199 post or transmit any file which contains viruses, worms, Trojan horses or any other contamination or destructive features or that otherwise interfere with the proper working of the Service; or
188.8.131.52 attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Applications or any of the technology used in delivering the Service including but not limited to any Java applets associated with the Service.
11.2.2 access all or any part of the Service and our documentation in order to build a product or service which competes with the Service; or
11.2.3 use the Service and/or our documentation to provide services to third parties; or
11.2.4 subject to paragraph 4.5, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Service and/or our documentation available to any third party, or
11.2.5 attempt to obtain, or assist third parties in obtaining, access to the Service and/or our documentation, other than as provided under paragraph 4.5 and this paragraph 11.
11.3 You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Service and/or our documentation and, in the event of any such unauthorised access or use, promptly notify us.
12. Posting on the Service
As part of the Service, we may allow Users to post review content on blogs and at various other publicly available locations on the Service. If you wish to post content you agree to follow these rules:
12.1 You are responsible for all content that you submit to us.
12.2 By submitting content to us, you represent that you have all necessary rights and grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with us and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Service and under this Agreement.
12.3 You may not post or transmit any message which is libellous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law; or that is otherwise inappropriate.
12.4 You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
12.5 You may not interfere with other Users’ use of the Service, including, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that adversely affects the availability of the Service to others.
12.6 Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other Users to use goods or services.
12.7 You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Service that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
12.8 You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
12.9 You accept that we may edit your comments for clarity, or remove any comment.
13. Proprietary Rights
13.1 You acknowledge and agree that we own all intellectual property rights in our site, the Service, the Applications and any associated documentation and you have no rights in or to the same other than a right to view and use content delivered to you through the Service in accordance with these Terms.
13.2 Nothing in these Terms grant to you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Service or any associated documentation.
13.3 You may download or print a copy of information provided through the Service for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent.
14. Your data
14.1 Any data entered by you for the purpose of using the Service or facilitating your use of the Service (your Data) shall belong to you and you shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of your Data. You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
14.2 In the event of any loss or damage to your Data through our fault, we will use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up of such data maintained by us. We shall not be responsible for any loss, destruction, alteration or disclosure of your Data caused by you (including by way of not complying with paragraph 11.1.2) or any third party (except those third parties sub-contracted by us to perform services related to your Data maintenance and back-up).
14.4 If we process any personal data on your behalf when performing our obligations under this Agreement, both you and us shall both record our intention that you are the data controller and we are the data processor and in any such case:
14.4.1 you acknowledge and agree that the personal data may be transferred or stored outside the EEA or the country where you are located in order to supply the Service and comply with our other obligations under this Agreement;
14.4.2 you shall ensure that you are entitled to transfer the relevant personal data to us so that we may lawfully use, process and transfer the personal data in accordance with this Agreement on your behalf;
14.4.3 you shall ensure that any relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation; and
14.4.4 both you and us shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
15.1 In the event of termination of this Agreement for any reason, we reserve the right to destroy all data relating to your use of the Service.
15.2 We or you may terminate this Agreement by giving notice, in writing, at least 7 days in advance.
15.3 Without affecting any other right or remedy available to us, we may terminate this Agreement with immediate effect by giving written notice to you if:
15.3.1 you fail to pay any amount due under these Terms on the due date for payment and remain in default not less than 21 days after being notified in writing to make such payment;
15.3.2 you commit a material breach of any other term of these Terms which breach is irremediable or (if such breach is remediable) you fail to remedy that breach within a period of 21 days after being notified in writing to do so; or
15.3.3 you repeatedly breach any of these Terms in such a manner as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to give effect to these Terms.
15.4 On termination of this Agreement for any reason:
15.4.1 all licences and rights granted to you under these Terms shall immediately terminate;
15.4.2 you shall make no further use of any equipment, property, documentation and other items (and all copies of them) belonging to us;
15.4.3 we may destroy or otherwise dispose of any of your Data in our possession (save that we reserve the right to retain and use the same, provided all personally identifiable information has been removed, purely for the purposes of supplying statistical data regarding your use of the Service); and
15.4.4 any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination shall not be affected or prejudiced.
16. Our Warranty for the Service
16.1 We provide a warranty that the Service will conform in all material respects with the feature descriptions contained on our site for a period of 90 days from the date you first access the same (Warranty Period).
16.2 If you notify us in writing, within the Warranty Period, of any defect or fault in the Service in consequence of which it fails to conform in all material respects with the applicable feature description contained on our site and such defect or fault does not fall within paragraph 16.3, then we shall, at our option, do one of the following:
16.2.1 use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance (provided that you provide all information that may be necessary to assist us in attempting to resolve the defect or fault, including sufficient information to enable us to re-create the defect or fault); or
16.2.2 terminate this Agreement immediately by notice in writing to you and refund any fee paid by you for the non-conforming aspect of the Service as at the date of termination (less a reasonable sum reflecting your use of the Service to the date of termination)
16.3 The warranty in paragraph 16.2 will not apply to the extent of any non-conformance which is caused by:
16.3.1 use of the Service contrary to our instructions, outside of these Terms or for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by us; or
16.3.2 modification or alteration of the Service by any party other than us or our duly authorised contractors or agents.
17. Disclaimer of Representations and Warranties
17.1 Notwithstanding paragraph 16 and except as expressly and specifically provided in these Terms:
17.1.1 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
17.1.2 The Service and the Applications accessed through the Service are provided to you on an “as is” and “as available” basis
17.2 We and our Service Providers expressly disclaim, to the maximum extent permitted by law, all warranties, representations, conditions and all other terms of any kind whatsoever as to the Service and all information, software, products and other content (including that of third parties) included in or accessible from the Service, whether express or implied by statute or common law, including, but not limited to as to the accuracy, reliability or completeness of the content of the Service, non-infringement and as to the implied conditions, warranties or other terms relating to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
17.3 We do not warrant that:
17.3.1 your use of the Service will be uninterrupted, timely, secure or error-free;
17.3.2 the content that may be available through the Service is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, intercept or expropriate any system, data or personal information;
17.3.3 the Service, the descriptions of the features contained on our site and/or the information obtained by you through the Service will meet your requirements;
17.3.4 the results that may be obtained through the use of the Service will be accurate or reliable;
17.3.5 the quality of any products, software, services, information or other material purchased or obtained by you through the Service will meet your expectations; or
17.3.6 any errors in the technology delivering the Service will be corrected
17.4 We are not responsible, to the maximum extent permitted by the law, for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
17.5 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 or access to any such material.
17.6 No advice or information, whether oral or written, provided by us or our Service Providers to you through or from the Service will create any warranty not expressly stated in these Terms.
18. Our Liability
18.1 This paragraph 18 sets out the entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) of us, our Service Providers and our affiliates, account providers or any of their affiliates to you (and the terms ‘us’ and ‘we’ shall be construed accordingly):
18.1.1 arising under or in connection with these Terms;
18.1.2 in respect of any use made by you of the Services or any part of them; and
18.1.3 in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms.
18.2 You acknowledge that the Applications have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Applications and the Service as described on our site meet your requirements.
18.3 We shall have no liability to the maximum extent permitted by the law for any loss or damage resulting from:
18.3.1 use of our Service by anyone based outside of the United Kingdom;
18.3.2 errors or omissions in any information, instructions or scripts provided to us by you in connection with the Service, or any actions taken by us at your direction;
18.3.3 errors resulting from your failure to procure and maintain a network connection and telecommunications links from your systems to our data centres, or any problems, conditions, delays, delivery failures or other losses or damages arising from or relating to your network connections or telecommunications links or caused by the internet; or
18.3.4 you acting upon any figures and/or results obtained from your use of the Service or for conclusions drawn from such use.
18.4 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for:
18.4.1 any loss or damage that is not foreseeable (loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Agreement); or
18.4.2 any loss or damage which may have been suffered by you, whether directly or indirectly, immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise, which fall within any of the following categories:
184.108.40.206 special, indirect or consequential damage
220.127.116.11 loss of income, profits, goodwill, business opportunity data or other intangible losses
to the maximum extent permitted by law (and provided this does not affect your statutory rights), resulting from:
18.4.3 the use or the inability to use the Service;
18.4.4 the cost of getting substitute services;
18.4.5 any products, software, data, information or services purchased, obtained or accessed, or messages received, through or from the Service;
18.4.6 unauthorised access to or alteration of your transmission or data;
18.4.7 the statements or conduct of any User of the Service;
18.4.8 the use, inability to use, unauthorised use, performance or non-performance of any third party account provider site (even if the provider has been advised previously of the possibility of such damages); or
18.4.9 any other matter relating to the Service
and this applies even if we were aware of the circumstances in which such damage could arise.
18.5 We only supply the Service for private use. You agree not to use our Service for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.6 We do not in any way exclude or limit our liability for:
18.6.1 death or personal injury caused by our negligence;
18.6.2 fraud or fraudulent misrepresentation; and
18.6.3 any other liability which may not be excluded by law
18.7 Our maximum aggregate liability under or in connection with this Agreement whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the aggregate sum of the fees which were paid, or payable by you, for the applicable Software in accordance with paragraph 8 of these Terms, in any one calendar year. This does not apply to the types of loss set out in paragraph 18.6.
19.1 You shall defend, indemnify and hold us and our Service Providers and their affiliates harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Service, your breach of these Terms or your infringement or infringement by any other User of your account with us, of any intellectual property rights or other right of anyone.
19.2 You agree that the Service Provider is a third party beneficiary of the provision at paragraph 19.1 with all rights to enforce such provision as if the Service Provider were a party to this Agreement.
20. Third Party Providers and Advertisements
20.1 You acknowledge that the Service and/or advertisements contained on our site may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that you do so solely at your own risk.
20.2 We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and not us.
20.4 We do not endorse or approve any third-party website nor the content of any third-party website made available via the Service.
21. Online and Mobile Alerts
21.1 As part of our Service we may provide alerts which we send, and account related alerts which you set up. These will be sent to you if there is a material change to the Service.
21.2 You can create account related alerts as part of the Service, These can be customised, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. We may add new alerts from time to time, or cease to provide certain alerts at any time in our discretion.
21.3 Electronic alerts will be sent to the email address you have provided as your primary email address. You may also choose to have alerts sent to a mobile device that accepts text messages. Because alerts are not encrypted, we will never include your password. However, alerts you create will include information about your accounts, such as your account balance or the due date for your credit card payment. Anyone with access to your email will be able to view the content of these alerts.
22. Availability of Service and Mobile Alerts
22.1 We will use commercially reasonable endeavours to make the Service available 24 hours a day, seven days a week, except for:
22.1.1 planned maintenance and software updates carried out during the maintenance window of 10.00 pm to 2.00 am UK time; and
22.1.2 unscheduled maintenance and software updates performed outside normal business hours, provided that we have used reasonable endeavours to give you at least 6 hours’ notice in advance
however your access to and use of the Service may be interrupted from time to time for any of several reasons including, without limitation, the malfunction of equipment, the repair of the Service or other action that we, in our sole discretion, may elect to take.
22.2 You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. We will use reasonable endeavours to provide alerts in a timely manner with accurate information, however we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver or misdirected delivery of any alert, for any errors in the content of an alert or for any actions taken or not taken by you or any third party in reliance on an alert.
23. Events Outside Our Control
23.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in paragraph 23.2.
23.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
23.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
23.3.1 we will contact you as soon as reasonably possible to notify you; and
23.3.2 our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
23.4 You may terminate this Agreement if it is affected by an Event Outside Our Control which has continued for more than 30 days. To terminate please contact us.
24. Other Important Terms
24.1 In relation to communications with us, when we refer, in these Terms, to “in writing”, this will include e-mail.
24.2 This agreement is between you and us. Other than otherwise expressed in these Terms, no other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
24.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
24.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
24.5 This Agreement and our site (including any terms contained on our site), in so far as it describes the Service and the Applications, contain the whole agreement between us and you relating to the subject matter of this agreement and supersedes all prior agreements, arrangements and understandings between us and you relating to that subject matter.
24.6 Please note that these Terms are governed by English law. This means that this Agreement and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland