These Terms will apply to any contract between us for provision of the Service to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before signing-up to receive the Service. Please note that before you receive the Service you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to receive the Service.
These Terms constitute a Framework Contract when you hold a Moneycado account. A Framework Contract means a contract for payment services which governs the future execution of individual and successive payment transactions as defined in the UK Payment Services Regulations 2017.
We amend these Terms from time to time as set out in clause 11. Every time you wish to receive the Service, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 11 July 2019.
These Terms, and any Contract between us, are only in the English language.
Information about us
We operate the website https://www.moneycado.io and the Service. We are Moneycado Limited (“Moneycado”), a company registered in England and Wales under company number 11420342 and have our registered office at Northcliffe House, W8 5EH.
In the event of any conflict or inconsistency between:
the Terms of Website Use; and
these Terms will prevail and take precedence.
If you wish to contact us for any reason, including because you have any complaints, you can contact us by emailing us at firstname.lastname@example.org or tweeting @moneycado.
Please see our Complaints Handling Policy for further details of your avenues and remedies for any potential dispute.
If we have to contact you or give you notice in writing, we will do so by email.
Moneycado is a budgeting and payments tool for travel. You must be over 18 years old and a resident of the United Kingdom to use the Service. By using the Service you warrant that you are at least 18 years old and a resident of the United Kingdom.
The Service will allow you to:
Add transactions from your connected bank account to the group expense list.
See a running total of how much your group has spent on the trip, and who owes whom.
Send and receive payments to settle obligations between travellers.
At no point does Moneycado hold your money. Rather, we operate by connecting to your existing bank account.
Access to the Service
Access to the Service will be through our app.
You must not allow anyone to access the Service on your behalf. You must treat your login details as confidential, and you must not disclose them to any third party.
Our Services and access to your Personal Account
To use the app, you must connect the bank account(s) from which you will make payments for the trip. This enables us to access your recent transactions, so that you can nominate which are group expenses. All of these data are required in order to provide the Service to you.
By providing your account details to us, you agree and grant our Aggregation Partner permission to aggregate your personal data, which may then be stored within the EEA, to the extent permitted by applicable law.
You agree that when we retrieve your information relating to your Personal Accounts or your information required as part of the provision of the Service, we are doing so as your representative and on your behalf and not on behalf of or in the name of any third party.
You agree that we will be entitled to disclose your identity and information relating to your Personal Account(s) to third parties if we are required to do so by any applicable law or court order.
We do not check the accuracy of the Personal Accounts information and personal information you provide to us and we rely on you and your Personal Account providers to ensure that the Personal Accounts information and personal information you provide to us is up to date and accurate.
By using the Service, you represent that you are the legal owner of the data in your Personal Accounts and that you have the authority to appoint, and do expressly appoint, us as your agent and grant a limited power of attorney to access and retrieve such data on your behalf.
Making payments through Moneycado
Our Service allows you to make payments to your fellow travellers to settle obligations from the trip. The payment will be facilitated by our Payments Partner.
Your Personal Account sort code and account number will be used as the unique identifier for payment orders, both incoming and outgoing. There is the potential for loss or delay if the incorrect Personal Account details are provided.
Consent for a payment order will be taken in the app when you select 'Send Money' or 'Confirm' in relation to a payment instruction. Once you have authenticated the payment with the holder of your Personal Account, it may be not be withdrawn.
The time of receipt of a payment order is when consent for a payment order is given, unless
If the time of receipt of a payment order falls outside of business hours for your Personal Account's bank, it will be deemed to be the next business day
For incoming payments, the amount of the payment transaction will be credited to your Personal Account by the end of the business day following the time of receipt of the payment order, subject to any delay relating to your Personal Account's bank.
By providing your account details to us, you agree and grant our Payments Partner permission to aggregate your personal data, which may then be stored within the EEA, to the extent permitted by applicable law.
Third party products
Based on the information we gather about you from the use of the Service we may present to you products and services offered by third parties (" Third Party Products").
If you choose to proceed with a Third Party Product, we will act as your agent in obtaining it. In doing so you will be subject to the terms and conditions of the relevant third party, over which we have no control.
We do not supply the Third Party Products and we are therefore not responsible or liable for their supply (or failure to be supplied).
Obtaining a Third Party Product is at your discretion and risk. We do not endorse or recommend any Third Party Products.
There are currently no fees for the use of the Service.
We reserve a right to charge a fee for our provision of the Service as set out on the site from time to time. We will give at least 30 days for any change or introduction of fee.
For foreign exchange, any fees or margin will be applied by your Personal Account bank and not by Moneycado.
How we use your personal information
Our right to vary these Terms
We expect to need to update or amend these Terms from time to time to comply with law or to meet our changing business requirements.
We can make changes to these Terms without your specific agreement where those updates are, in our reasonable opinion, of an immaterial and routine nature. We may not always be able to give you advanced notice of such updates or amendments but we will always post them on our site so you can view them when you next visit our site. In these circumstances, by continuing to use our site, or the Service, you agree to be bound by the amended terms and conditions.
Please look at the top of this page to see when these Terms were last updated.
You expressly understand and agree that:
Your use of the Service and all information, products and other content (including that of third parties) included in or accessible from the Service is at your sole risk.
The Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind as to the Service and all information, products and other content (including that of third parties) included in or accessible from the Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that:
the Service will meet your requirements;
the Service will be uninterrupted, timely, secure, or error-free;
the results that may be obtained from the use of the Service will be accurate or reliable;
the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; or
any errors in the technology will be corrected.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the Service will create any warranty not expressly stated in these Terms.
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 any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
We only provide the Service for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence; or
fraud or fraudulent misrepresentation.
Subject to clause 13.3, and to the extent permitted by applicable law, we will not be liable to you in connection with the Service (including your use or inability to use the Service) for:
loss of profits or goodwill
any statement or conduct on or via the Service by any third party;
loss of data which is caused by factors other than negligence or breach of statutory duty by us;
the acts or omissions of the providers of your Personal Account(s);
the cost to you of obtaining goods or services as substitutes for the Service; or
any other loss or damage suffered by you in connection with the Service.
You agree to protect and fully compensate us and our affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable solicitors’ fees) caused by or arising from your use of the Service, your violation of these Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
Communications between us
Information relating to your account will be emailed to you, via the email address that you provided and verified in the sign-up process.
If you provided a phone number rather than an email address, we will send an SMS to the number with a link to any account information.
Information will be provided from time to time, where required.
Information will be provided in the English language only.
You may contact us as described in clause 1.3
You may request a copy of your contract at any time by contacting us.
Fraud and security incidents
Access to your Moneycado account is via your mobile device. Therefore you accept full responsibility to keep your mobile device safe.
If your mobile device is lost or stolen or if you suspect someone has gained unauthorised access to your username or password, you must contact us immediately at email@example.com. In order to take any action, you will need to provide certain account information so we can verify your identity. Any undue delays in notifying us may affect the security of your Moneycado Account and also result in you being responsible for financial losses.
If we have reasonable concerns either about the security of your Moneycado Account, or any suspected or actual fraudulent use of your Moneycado Account, we will contact you via telephone or email (unless contacting you would be unlawful or compromise our reasonable security measures).
Once a payment order has been authenticated with the your Personal Account bank, Moneycado has no ability to stop or block a payment order. In cases of unauthorised or incorrectly initiated or executed payment transactions, you should contact your bank directly.
If a payment order has been made without authentication, Moneycado will refund the amount of the unauthorised payment order to the payer, so long as the claim is made within 13 months of the payment order. This is the only circumstance in which a refund is payable in relation to a payment order initiated via Moneycado.
Cancelling your account
You can cancel the Service at anytime via our app.
We can cancel our provision of the Service to you if:
Your use of the Service has been inactive for an extended period of time; or
You commit a serious breach of these Terms.
Other important terms
We can transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you if this happens.
This Contract is between you and us. No other person will have any rights to enforce any of its terms.
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.
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.
These Terms are governed by English law. This means any dispute or claim arising out of or in connection with these Terms 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.