Website Terms and Conditions of Use
1 TERMS OF WEBSITE USE
2 INFORMATION ABOUT US
2.1 Our Site is operated by ClearAccount International Ltd. We are registered in England and Wales under company number 10332236 and have our registered office at 2 Minton Place, Victoria Road, Bicester, Oxfordshire, England, OX26 6QB.
2.2 We are registered with the Information Commissioner's Office in compliance with the Data Protection Act 1998. Our registration number is ZA234482.
3 ACCESSING OUR SITE
3.1 Access to our Site and the ClearAccount Service is permitted on a temporary basis, and we reserve the right to withdraw or amend the ClearAccount Service or any other service we provide on our Site without notice (see below). We will not be liable if for any reason our Site or the ClearAccount Service is unavailable at any time or for any period.
3.2 From time to time, we may restrict access to some parts of our Site, or the entirety of our Site, to users who have registered with us.
3.3 You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.
4 CLEARACCOUNT SERVICE
4.1 In order to use our ClearAccount Service, you are required to enter your internet banking details into our ClearAccount Site, including your personal identification numbers (PIN) and security passwords (Internet Banking Credentials). Your Internet Banking Credentials are encrypted in transit and stored securely for a short period on our servers before being transferred to our agent and supplier Yodlee, Inc. (Yodlee). Your encrypted Internet Banking Credentials are then stored by Yodlee upon their servers in a secure environment.
4.2 In order to use our ClearAccount Service, you are required to designate and provide the details of your internet banking account ( Bank Account), including your Internet Banking Credentials within ClearAccount in order to enable ClearAccount to report to you on your transaction history from your nominated internet banking account ( Transaction Data) both at the time of your application to use the ClearAccount Service and on a continuing basis thereafter and to monitor the balance on your Bank Account on a daily basis
4.3 In order that we may provide the ClearAccount Service, by providing your PIN and Internet Banking Credential you agree that ClearAccount and its supplier Yodlee may as your agent and nominated representative and instruct us and Yodlee to access, retrieve, view, represent and use your Transaction Data for the purposes specified. The purposes include:
· ClearAccount modifying, displaying and representing information based on the Transaction Data to you via a dashboard on the ClearAccount website;
· ClearAccount periodically viewing and monitoring your Bank Accounts and the balances on your Bank Accounts;
· ClearAccount periodically copying Transaction Data from your Bank Accounts; and
· ClearAccount storing copied Transaction Data upon its servers and Yodlee storing the Transaction Data on its servers.
Save as provided above your raw Transaction Data is treated as confidential and will not be passed to any third parties other than members of our group (which means our subsidiaries, our ultimate holding company and its subsidiaries in each case as defined in section 1159 of the UK Companies Act 2006), or our business partners, suppliers and sub-contractors for the performance of services under any contract we enter into with them or you. Aggregated and/or anonymised Transaction Data will be used by us to enhance our product and service offerings and may be shared with third parties.
4.4 For the avoidance of doubt, we will not pass your Internet Banking Credentials to any third parties other than in encrypted format to Yodlee.
4.5 You acknowledge and accept that your internet banking provider may not endorse or sponsor ClearAccount or Yodlee or any associates or business partners.
4.6 For the avoidance of doubt, we will not, and cannot, control your Bank Account, make payments or transfer funds to third parties or otherwise operate any other functionality on your account.
4.8 You acknowledge and accept that your internet banking provider does not endorse or sponsor ClearAccount.
4.9 You accept that neither we nor our partners including Yodlee will have any liability to you resulting from your use of the ClearAccount Service or any failure in the provision of the ClearAccount Service or unavailability of the ClearAccount Service.
4.10 You agree to hold us and our partners including Yodlee harmless and indemnify us and them from any third party claims caused by your use of the ClearAccount Service.
5 INTELLECTUAL PROPERTY
5.1 Our Site, the content, any materials downloaded, and all intellectual property pertaining to or contained on our Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by ClearAccount or third parties and all right, title and interest therein shall remain the property of ClearAccount and/or such third parties (collectively, the "Content"). All Content is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
5.2 You are authorised solely to view and retain a copy of the pages of our Site for your own personal, non-commercial use.
5.3 You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, otherwise make available to any other third party, or in any way distribute or exploit our Site, or any portion of our Site for any public or commercial use without the express written consent of ClearAccount.
5.4 Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on our Site (or printed pages produced from our Site); and (ii) make any other modifications to any documents obtained from our Site other than in connection with completing information required to transact business with ClearAccount.
6 SITE SECURITY
6.1 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 our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
6.2 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.
6.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses 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 material posted on it, or on any website linked to it.
7.3 Additionally, by using our Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to our Site may be read or intercepted by others, notwithstanding ClearAccount's efforts to protect such transmissions. We are not responsible for any message lost, intercepted or altered by third parties and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to us or any message sent by us to you over the Internet.
7.4 Logos, trademarks, images, etc. are the property of ClearAccount unless otherwise noted and may not be copied, used, linked, disseminated, etc. without ClearAccount's prior express written approval. Requests for approval should be directed to firstname.lastname@example.org or ClearAccount International Limited, Floor 33, Euston Tower, 286 Euston Road, London, UK, NW1 3DP.
9.1 Whilst we have taken reasonable steps to ensure the accuracy, currency and availability, correctness and completeness of the information provided by ClearAccount as part of the ClearAccount Service:
9.1.2 ClearAccount does not promise that the ClearAccount Service or any content, document or feature of the ClearAccount Service will be error-free or uninterrupted, or that any defects or errors or omissions will be corrected or that your use of the ClearAccount Service will provide specific results or result in you being provided with credit by a potential lender.
9.1.4 ClearAccount disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.
9.1.5 ClearAccount disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of our Site or the ClearAccount Service. You assume total responsibility for your use of our Site and any linked sites and for use of the ClearAccount Service by any lender or potential lender to you.
10 OUR LIABILITY
10.1 The material displayed on our Site and provided under the ClearAccount Service is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us including Yodlee hereby expressly exclude:
10.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
10.1.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or the ClearAccount Service or in connection with the use, inability to use, or results of the use of our Site or the ClearAccount Service, any websites linked to it and any materials posted on it or provided under the ClearAccount Service, including:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) loss of opportunity;
(viii) loss of access to finance;
(ix) wasted management or office time; and
(x) whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
10.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
12 LINKING TO AND FROM OUR SITE
12.1 Our Site may contain links to sites maintained by third parties for your convenience. As ClearAccount does not control such sites, ClearAccount is not responsible for the content or privacy policies of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites.
12.2 Please note that other web sites and web pages linked to our Site may be governed by separate terms and conditions, including privacy policies. Please refer to the applicable terms and conditions of those web sites and web pages when visiting them.
12.3 You are not entitled to and must not (nor will you assist others) to set up links to the Site, (whether by hypertext linking, deep-linking, framing toggling, direct link also known as ''Hot Link" or otherwise link or connect) without our prior written consent, which we may grant or withhold at our absolute discretion.
12.4 If you wish to make any use of material on our Site other than that set out above, please address your request to email@example.com or ClearAccount International Limited
Floor 33, Euston Tower, 286 Euston Road, London, UK, NW1 3DP.
12.5 We reserve the right to withdraw linking permission without notice.
14 LAW AND JURISDICTION
16 YOUR CONCERNS
If you have any concerns about material which appears on our Site, please contact firstname.lastname@example.org or ClearAccount International Limited, Floor 33, Euston Tower, 286 Euston Road, London, UK, NW1 3DP.