Effective from 28 February 2019
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.
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 28 February 3019.
These Terms, and any Contract between us, are only in the English language.
Information about us
- We operate the website https://www.moneycado.io. We are Moneycado Limited (“Moneycado”), a company registered in England and Wales under company number 11420342 and have our registered office at 7 Linhope Street, NW1 6ES.
In the event of any conflict or inconsistency between the Terms of Website Use and these Terms, these Terms will prevail and take precedence.
- Contacting us
If you wish to contact us for any reason, including because you have any complaints, you can contact us by emailing us at email@example.com or tweeting @moneycado. If we have to contact you or give you notice in writing, we will do so by email.
- Moneycado is a savings and budgeting 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:
- Create budgets for your trips, to be then stored via Starling Bank as ‘goals’;
- Receive curated travel product offers from Skyscanner and other travel product providers; and
- Share your budget and savings progress with your fellow travellers.
- At no point does Moneycado hold your money. Rather, it is it stored in a separate virtual account, known as a goal, in your existing Starling 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 savings feature, you must first link your Starling Bank account (“Personal Account”) to Moneycado. This will enable us to create savings ‘goals’, create or modify savings payments, and view your transactions. 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.
- Moneycado cannot initiate any external transaction on your Personal Account. However, if you are concerned about any activity on your Personal Account please contact us. If we believe that there is any suspected or actual fraud or we suspect that there has been a security breach we will contact you by email or any other secure means we may think most appropriate.
Setting money aside through Moneycado
- Our Service allows you to set savings plans for your upcoming trips. We do so by taking your saving plan instructions and applying them to your Starling Bank account. In no circumstance do we transfer any money to a seperate account.
Accessing your money set aside
- You may access your savings via the Starling Bank, in order to transfer them back to your current account.
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.
- We reserve a right to charge a fee for our provision of the Service as set out on the site from time to time. For more information on our current fee schedule find the necessary details outline on our site.
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 you requirements;
- the Service will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from 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.
- We are not a financial adviser, and the Service is not intended to provide financial advice. Your financial situation is unique.
- 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
- You may contact us as described in 'Contacting us'
Lost or stolen mobile device
- 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 firstname.lastname@example.org. In order to take any action, you will need to provide certain account information so we can verify your identity.
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.