Terms

 

1. Introduction

1.1. These terms tell you the rules for using our website https://thisisbud.com (the “Website”) and our mobile application (the “App”), (together, the “Site”), whether as a guest or registered user. Use of the Site includes accessing, browsing or registering to use the Site.

1.2. https://thisisbud.com is a site operated by Bud Financial Limited. We are a limited liability company registered in England and Wales, number 09651629 and have our registered office at 1st Floor WEWORK, The Bower, 207 Old Street, London, EC1V 9NR.

1.3. We are authorised and regulated by the Financial Conduct Authority (“FCA”) under Financial Services Register numbers 793327 and 765768. We are authorised by the FCA to arrange regulated products and services, as well as provide account information services and payment initiation services. We are also registered with the Information Commissioner’s Office under registration number ZA198709.

1.4. Bud Financial Limited trades as Bud. In these terms and conditions, reference to “Bud”, “we” or “us” is a reference to Bud Financial Limited.

1.5. To contact us, please email support@thisisbud.com or write to us at 1st Floor WEWORK, The Bower, 207 Old Street, London, EC1V 9NR.

1.6. By accessing or using the Site through any means, you are agreeing to be bound by these terms and conditions which govern your registration for and use of the Account Services (see paragraph 2.1 below) and the Site (the “Terms & Conditions”) together with our Privacy Notice available at www.thisisbud.com/privacy which sets out how we process personal data we collect from you (which may be indirectly, for example when we retrieve information from one of your accounts) and how we use cookies. If you do not agree to these Terms & Conditions, you must not use the Site or use the Account Services.

1.7. These Terms & Conditions also contain provisions about what we will and will not accept liability for if you suffer loss in connection with use of the Site.

1.8. We can make changes to these Terms & Conditions and/or to the way we operate the Site and the Account Services from time to time and will take reasonable steps to bring any material changes to your attention. Each time you wish to use the Site, please check these Terms & Conditions to ensure you understand the terms that apply at that time. If you do not agree to these Terms & Conditions or to any changes made to them, you must not use, and must cease using, the Site and the Account Services. We recommend that you download a copy of our Terms & Conditions for future reference.

1.9. These Terms & Conditions were most recently updated on 8th October 2018.

2. Our services

2.1. We provide an account aggregation service (“Account Services”) that combines and displays in one place account balances and transactional information for certain banks, building societies and other payment providers. Our Account Services enable users to organise and manage their finances effectively by giving them access to related tools and services, which help you to make the most out of your money by doing things such as analysing your spending patterns, setting savings goals and creating lists. Based on analysis of your account information, we can also identify where you might be interested in products and services offered by our partners on our marketplace (the “Marketplace”) (see paragraph 3 below). Where this is the case, we will direct you to the Marketplace which will give you the option of visiting our product partners’ websites or mobile applications and finding out more about the products and services.

2.2. If you expressly authorise us to undertake Account Services directly or through identified third parties, we will do this on your behalf acting as agent. To receive Account Services you will need to provide us with information to enable us (or an identified third party) to authenticate ourselves to your bank or financial institution and authorise us to connect to your account(s) on a ‘read only’ basis. To authenticate ourselves, we will ordinarily require details such as your user name, password and other security information such as answers to security questions or one-time passcodes (“Security Credentials”).

2.3. The agreement in place between you and other banks, building societies and/or payment providers may advise that you should not disclose your Security Credentials to any third party provider, including account aggregators. Prior to using the Site, you should verify with your bank if it is permissible to share your Security Credentials with us.

2.4. Note the distinction between (i) sharing your online details with any third party; and (ii) using your online on our Site, which is a secure environment. You do not have to proceed with registering with us if you do not feel comfortable to do so, and you may stop the process at any time.

2.5. When you register for our Account Services by creating an account (“Connected Account”), you permit us to store and use your Security Credentials to enable us to configure our services with third party sites, collect information about your account transactions and present this to you through the creation of new or modified content to help you understand and manage your financial data.

2.6. Where we provide Account Services to you, we do not check the accuracy of that information nor whether it is up to date. Accordingly, we make no warranty that our Account Services will be uninterrupted, timely or error free; or that the information presented (including any category tags applied by Bud) will be accurate or reliable.

2.7. Our Account Services are provided on an ‘as is’ basis and we make no representation, guarantee or agreement of any kind as to the accuracy of the information generated by our tools or displayed on our Site, nor the functionality of the Site. This means that you should not exclusively rely on such information when making decisions about your finances.

2.8. We do not offer advice about financial products or investments. If you are not sure whether a product or service is suitable, which you may discover through the Site, we recommend that you seek advice from a financial advisor. We are independent and support your own decision making. We do not promote any product or sponsored content to you directly in preference of any other service.

2.9. We may use sub-contractors to deliver some or all of the Account Services. We carefully select the sub-contractors that we use and they have agreed to follow our instructions and our data privacy requirements.

3. The marketplace

3.1. The content in the Marketplace part of the Site is provided for general information only. We will not provide any financial advice or suitability assessment in relation to the products or services offered - we simply introduce you to our partner providers. Please consider taking professional or specialist advice before doing anything on the basis of the information on the Site.

3.2. Although we select our product partners carefully, we do not endorse, warrant, guarantee or take responsibility for their products or services. The terms on which you access our product partners' products or services are subject to that product partner’s terms and conditions. We cannot guarantee that any advertisement for a product, service, rate or reward will be available on the advertised terms.

3.3. Nothing in the Site is intended to constitute or contain any investment advice or any offer, invitation, recommendation or solicitation to buy or sell investments in any jurisdiction or to enter into any transaction.

4. Registering for and using the account services

4.1. We will provide you with the relevant Account Services, subject to these Terms & Conditions.

4.2. By registering or applying for a Connected Account to receive our Account Services via the Site, you agree and confirm:

a) all the information you have provided to us and/or the financial institution (where applicable) is accurate and correct and you are the person whose details you have provided;

b) you can enter into a legally binding agreement with us;

c) you will only use the Site for the purposes envisaged by these Terms & Conditions;

d) you have provided a current address, telephone number and e-mail address and will notify us immediately if your contact details change; and

e) you are over 18 years of age.

4.3. To apply or register for the relevant Account Service you must provide, personal information for use in analysing your financial data, including your name, date of birth, email address, and/or, if applicable, bank account details.

4.4. We reserve the right, in our sole discretion, to refuse to provide any of the Account Services to you.

4.5. When you create a Connected Account, you will be asked to set a password. You agree to keep your password and Connected Account information strictly confidential and you must not disclose them to any third party. You agree to protect them in the same way as you would details of your bank account or your bank cards. Any failure to do so will be at your sole risk and expense.

4.6. You agree that we are entitled to assume all correspondence, orders, transfers and instructions made by reference to your password and Connected Account are made by you, and that all correspondence and instructions posted by us via your Connected Account have been received by you. You agree to inform us immediately (via the Site or by e-mail) if you know or suspect that any of your account information or password has been compromised or are being misused so that we may suspend your account.

4.7. We have the right to disable your Connected Account or password at any time if, in our reasonable opinion, you have failed to comply with any material provisions of these Terms & Conditions.

4.8. You agree to inform us as soon as possible if any information provided by you or contained in your Connected Account changes and/or if you become aware of any errors with respect to your Connected Account and/or if you lose access to your Connected Account for any reason whatsoever.

4.9. You may only use the Site for personal, non-commercial purposes. You agree not to use the 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.

4.10. The Site is directed to people residing in the United Kingdom. We do not represent that content or services available on or through the Site is appropriate for use or available in other locations.

5. Changes

5.1. As our agreement with you has no fixed end date, we need to be able to make changes to these Terms & Conditions or to the services we provide from time to time. We will give you adequate advance notice of such changes as is reasonable in the circumstances.

5.2. Such changes may, for example, be to:

a) reflect changes in relevant laws, regulatory requirements industry guidance or a decision of a court or by a regulator or ombudsman;

b) make them clearer or easier to understand; or

c) make changes which benefit you or do not disadvantage you;

d) make changes to our services, introduce new services or withdraw services we no longer offer; and/or

e) amend our existing services because of changes to technology, systems, processes or our business policies or procedures.

5.3. You must choose whether you agree to the new terms and conditions or not. If you do not want to agree to the change, you can cancel your agreement to these Terms & Conditions at any time that you wish. Your continued use of the Site following notification of the amended terms and conditions will be understood as your acceptance of the new terms and conditions.

5.4. We can add or remove product partners from the Site at any time.

6. Communication

You agree that all communications that we may need to send to you may be sent electronically and you agree that Bud has no obligation to send communications in paper form (other than in respect of legal proceedings). We may send to you information and notifications through the Site and/or by email to the email address on your Connected Account.

7. Fees

No fees are payable by you to us for use of the Site as a user in relation to the Account Services.

7.2. If you use our Site to register with, or use the service of, a third party provider listed within our service directory (i.e. one of our partners), that partner may pay us a fee for introducing you to them and/or a commission based upon any fees that they charge to you or to another third party in connection with brokered services. In some cases, the fees they earn may relate to the use of their services directly through their own site where you have been introduced to them by us.

7.3. If we receive (or pay) fees or commission for the introduction of business we will act in accordance with all applicable laws.

8. Access to and use of the site

We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis and we may need to suspend access to the Site, or any part of it, without notice where we are required to do so by any related amendment, re-enactment, subordinate legislation and regulations ("Applicable Law") or where the Site is unavailable through no fault of our own.

8.2. We will not be liable to you if, for any reason (other than our negligence, wilful default or fraud), the Site is unavailable at any time or for any period.

8.3. You are responsible for making all arrangements necessary for you to have access to the Site.

8.4. Where the Account Services are being accessed from any website or application other than the Site, you agree to comply with both these Terms & Conditions and any terms of use relating to the third party website or application. Where there is a difference between these Terms & Conditions and those of any other website or application operating the Site, these Terms & Conditions will prevail. You will not access or use the Site except for their intended purpose and will not attempt to:

a) gain unauthorised access to, make unauthorised alterations to, or introduce any kind of malicious code to the Site or Bud by any means;

b) reverse engineer or decompile (whether in whole or part) the Site or any software available through the Site;

c) make copies, modify, reproduce, transmit, alter or distribute all or any part of the Site or any material or information contained in them, other than as permitted by law;

d) use the Site for any purpose that is unlawful under any Applicable Law;

e) use the Site to commit any act of fraud;

f) use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’); or

g) use the Site in any manner that disrupts their operation.

8.5. You will not disguise or interfere in any way with the IP address of the device you are using to access the Site or otherwise take steps to prevent us from correctly identifying the actual IP address of the device you are using whilst accessing the Site.

8.6. The Site may contain hyperlinks or references to third party websites or mobile applications. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third party websites or mobile applications and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website or mobile application does not mean that we endorse that third party's website or mobile application, products or services. Your use of a third party website or mobile application will be governed by the terms and conditions of that third party website or mobile application.

8.7. Although we make reasonable efforts to update the information on the Site, we make no promises that the content on the Site is accurate, complete, up to date or free from errors or omissions.

9. Our mobile application

9.1. To improve the App and its functionality, we will ask you to update it from time to time.

9.2. We grant you a limited licence to use this App on the basis of these Terms & Conditions. You may not transfer this licence to any other person. This licence is not exclusive to you. We can withdraw this licence at any time.

10. We are not responsible for viruses and you must not introduce them

10.1. We do not guarantee that the Site will be secure or free from bugs or viruses.

10.2. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

10.3. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the 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 the Site will cease immediately.

11. Intellectual property

11.1. Bud is the owner or the licensee of all intellectual property rights in the Site and in the material published on it. These works are protected by copyright laws and all such rights are reserved.

11.2. BUD is a trade mark of Bud Finance Limited. Bud Finance Limited is the sole owner of the same. You will not make any unauthorised use of the Bud trade marks and any unauthorised use can result in legal action being taken against you.

11.3. www.thisisbud.com is the uniform resource locator ("URL") of Bud Finance Limited.

11.4. We own all rights in any price data and related content on the Site. Your registration and use of the Site does not transfer any rights to the content and related intellectual property rights contained in the Site. Except as otherwise permitted by law, you agree not to monitor, use or copy our web pages or any content on the Site including, without limitation, any price data without our prior consent. Any unauthorised use or reproduction can be prosecuted.

11.5. Any data licensed to us from third parties is provided for use on the Site only and may not be used for any commercial purposes without the consent of such third parties.

11.6. You may print off one copy and may download extracts of any page(s) from the Site for your personal use. You must not modify any hard or digital copy of any materials you have printed or downloaded in any way and you must not use illustrations, photographs, video, audio sequences or graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of the content on the Site must always be acknowledged.

11.7. You may draw the attention of others within your organisation to content posted on the Site.

12. Our liability to you

12.1. We will do everything reasonably possible to prevent unauthorised access to the Site and we will accept liability for loss and/or damage to you resulting from any unauthorised access to the Site (except as expressly excluded within these Terms & Conditions), provided that such loss and/or damage could have been reasonably foreseen by us at the time that you agreed to be bound by these Terms & Conditions.

12.2. However, you will be responsible for any losses arising from unauthorised access if we can show that:

(a) you negligently, or intentionally, failed to take all reasonable precautions to keep safe, and prevent fraudulent use of, your mobile device and security information;

(b) you acted fraudulently; or

(c) you are aware of the Site being accessed without authority but fail to inform us promptly.

12.3. We will not be liable to you for any loss or damage if another bank, building society, payment provider or one of our product partners is responsible for such loss or damage.

12.4. We will not be liable for any loss or damage that you may suffer because of any abnormal or unforeseeable circumstances outside our reasonable control which would have been unavoidable despite all efforts to the contrary, for example, delays or failures caused by problems with another system or network, any breakdown or failure of transmission, communication, data processing or computer facilities, mechanical breakdown, an act of state or government, war, riot or terrorism, any act of God, the suspension of any market, postal or other strikes or similar industrial action or any prevention from or hindrance in obtaining any materials, energy or other supplies necessary for the performance of our obligations under these Terms & Conditions.

12.5. Please note that we only provide our Site for domestic and private use. You agree not to use our Site for 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.

12.6. We will have no liability for refusing any application submitted by you to register for use of the Account Services or any other product or service we may provide.

12.7. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors for fraud or fraudulent misrepresentation.

13. Confidentiality

Bud and you will keep confidential and will not disclose to any third party any information that is marked or otherwise indicated as being confidential, except information that any of us is bound to disclose under any Applicable Law or by order or request of any regulatory authority or by a court of law, or to our respective professional advisers for the purposes contemplated in these Terms & Conditions, or in our case, where disclosure is necessary to exercise any of our rights or perform any of our obligations under these Terms & Conditions, including providing Account Services.

14. Termination

14.1. We can terminate, restrict or suspend your Connected Account and your contractual agreement with us by notice in writing (which can include email) to you at any time in the event that:

a) you are in material breach of any term of these Terms & Conditions and/or any other agreement with us; and/or

b) we suspect that you have used the Site or the Account Services, or intend to use the Site or the Account Services, for the purpose of an illegal activity; and/or

c) we suspect you have given us false information; and/or

d) we have concerns about the security of the Site; and/or

e) a device is used that we do not recognise or is used in a way it was not designed for (such as 'jail broken' or we detect viruses or malicious software); and/or

f) we are compelled to do so pursuant to any legal or regulatory requirement; and/or

g) the App is withdrawn by the manufacturer of your device operating system or any intermediary; and/or

h) we stop supporting the App on your device or on its operating system; and/or

i) you apply for bankruptcy or become subject of a bankruptcy petition or order.

14.2. We can also end our agreement with you for any other reason (or no particular reason) by giving you 30 calendar days' notice.

14.3. Upon termination of your agreement to these Terms & Conditions for any reason:

a) all rights granted to you under these Terms & Conditions shall cease;

b) you must immediately cease all activities under these Terms & Conditions, including your use of the Account Services;

c) the App may be withdrawn and its functionality terminated; and

d) you must stop using the App, delete it from your device and destroy all copies of the App including all components of it in your possession.

14.4. Any of these Terms & Conditions which are expressly or by implication are intended to come into or continue in force on or after termination shall remain in full force and effect.

14.5. Termination shall not affect 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 Terms & Conditions which existed at or before the date of termination or expiry.

16. Uploading content to the site

16.1. We may allow you and other users to post content to our publicly available areas of our Site, such as our blog. You retain all of your ownership rights in your content but you are required to grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to use, reproduce and create derivative content in whole or in part and in any format through any media channel, including social media.

16.2. You must not post any content that is libellous, defamatory, indecent, obscene, pornographic, harassing or otherwise offensive (in our opinion).

17. Complaints

17.1. We consider a complaint as being defined as an expression of dissatisfaction made by you in relation to any of the services we provide. In the event that you make a complaint, we will make every effort to rectify the problem as soon as practicably possible. If you have any complaint about this Site or any of the services we provide, you should contact our support team at support@thisisbud.com and we will try and resolve it as soon as possible.

17.2. Depending on the nature of your complaint, if you feel that your complaint or grievance has not been dealt with satisfactorily, you have the right to take your complaint to the Financial Ombudsman. If you have not received a final response letter from us within eight weeks of raising your complaint, or the final response letter has been received but is not satisfactory to you, you will need to bring your complaint to the Financial Ombudsman within six months. You can contact the Financial Ombudsman at The Financial Ombudsman Service, Exchange Tower, London, E14 9SR or by calling them on 0800 023 4567.

17.3. If you do refer your complaint to the Financial Ombudsman Service, this will not affect your right to take legal action.

17.4. Alternative dispute resolution (“ADR”) can take place in various ways, including face-to-face, by telephone, in writing or online. To encourage use of online dispute resolution (ODR) there is an ODR platform created by the EU Commission which allows consumers to submit their complaint through a central site which will forward the complaint to the right ADR scheme. In relation to these Terms & Conditions, this is the Financial Ombudsman Service and you can also contact them directly as per the above contact details. For more information about ODR please visit ec.europa.eu/odr

18. Which country's laws apply to disputes

18.1. These Terms & Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

19. General

19.1. The provisions of these Terms & Conditions are personal to you and you cannot assign or transfer any of your rights or obligations under them.

19.2. We can assign or transfer our respective rights and/or obligations under these Terms & Conditions.

19.3. If any provision of these Terms & Conditions is or becomes illegal, invalid or unenforceable that will not affect the legality, validity or enforceability of any other provision of these Terms & Conditions.

19.4. A person who is not a party to these Terms & Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms & Conditions.

19.5. These Terms & Conditions are in English and any communications we send to you will be in English.

19.6. Nothing in these Terms & Conditions affects the liabilities, rights and obligations of you and the third party provider under the applicable terms between you and the third party provider.

19.7. These Terms & Conditions, together with the Privacy Notice, apply howsoever you decide to access the Site.

19.8. If you have any questions about these Terms & Conditions, please contact our support team at support@thisisbud.com.

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