Contents

1     About our Terms. 1

2     Using the Site. 2

3     Our Service. 2

4     Your privacy and personal information. 3

5     Ownership, use and intellectual property rights. 3

6     Restrictions on use. 3

7     Accuracy of information and availability of the Site. 4

8     Hyperlinks and third party sites. 4

9     Limitation on our liability. 4

10   Indemnity. 4

11   Events beyond our control 5

12   Rights of third parties. 5

13   Variation. 5

14   General 5

15   Disputes. 5

 

Website Terms and Conditions of Use
www.oohmoolah.com

 

  1. About our Terms
    1. These Terms explain how you may use this website (the Site) which is provided by us free of charge.
    2. References in these Terms to the Site refer to the following website: oohmoolah.com and all associated web pages.
    3. You should read these Terms carefully before using the Site.
    4. By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
    5. If you do not agree with or accept any of these Terms, you should stop using the Site
    6. If you have any questions about the Site, please contact us using any of the details below:
      1. post: Perfect Data Solutions Limited, Lancaster Court, 8 Barnes Wallace Road, Fareham, Hampshire PO15 5TU;
      2. e-mail:info@lendingmetrics.com; or
      3. telephone: 02394 211010.
    7. Definitions

      Account Provider

      means your bank or building society;

      Content

      means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

      Financial Institution

      means your proposed mortgage lender, debt manager or other financial institution;

      Service

      means our service as set out under clause 3;

      Site

      has the meaning given to it in clause 1.1;

      Terms

      means these terms and conditions of use as updated from time to time under clause 13;

      Transaction Information

      means financial information obtained from your bank or building society account;

      We

      means Perfect Data Solutions Limited (company registration number 7407815 and VAT registration number 120152968) whose registered office is at Lancaster Court, 8 Barnes Wallace Road, Fareham, Hampshire PO15 5TU who are authorised and regulated by the Financial Conduct Authority under number 802559 as an Account Information Service Provider (and us or our shall have the same meaning; and

      You

      means the person accessing or using the Site or its Content (and your shall have the same meaning).

  2. Using the Site
    1. The Site is for yourpersonal and non-commercial use only.
    2. You agree that you are solely responsible for:
      1. all costs and expenses you may incur in relation to your use of the Site; and
      2. keeping your password and other account details confidential.
    3. The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
    4. We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us.
    5. We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
  3. Our Service
    1. By registering your details with us and by using the Site, you understand and consent to the following:
      1. for us to act as your authorised agent in order to contact your Account Provider and retrieve, collate and profile Transaction Information and provide this information to your Financial Institution in the form of a search result
      2. for us to re-access your Transaction Information for up to 90 days from the date of your original search result in order to refresh the search results, obtain a snapshot of your Transaction Information or gather additional Transaction Information; and
      3. that when we access and retrieve your Transaction Information from your Account Provider, this is undertaken as your agent, and not the agent on behalf of any third party (including your Financial Institution).  You should be aware that your Account Provider shall be entitled to rely on this authorisation and agency granted by you.  We recommend that you refer to the terms and conditions of your Account Provider if you would like more information about how they authorise and process account access requests.
    2. If you do not consent to our Service as set out in paragraph 3.1 above, you must immediately withdraw from using the Site and withdraw consent by notifying us in writing.  In circumstances, where your Account Provider has already permitted access to your Transaction Information you accept that you shall need to contact your Account Provider directly to withdraw consent under their own terms and conditions.
    3. Our Service is only available if your Account Provider is registered with the Open Banking Directory to provide us with your Transaction Information.  
  4. Your privacy and personal information
    1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with ourPrivacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
    2. Ourprivacy policy is available at oohmoolah.com/privacy.
  5. Ownership, use and intellectual property rights
    1. The Site and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
    2. Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
    3. Other trademarks and trade names may also be used on the Site. The use of any trademarks on the Site is strictly prohibited unless you have our prior written permission.
  6. Restrictions on use
    1. As a condition of your use of the Site, you agree:
      1. to provide accurate and truthful information and not to misrepresent any fact or your identity;
      2. not transfer your use of the Site to any third party;
      3. not to use the Site for any purpose that is unlawful under any applicable law or prohibited by these terms and conditions of use;
      4. not to use the Site to commit any act of fraud;
      5. not to use the Site to distribute viruses or malware or other similar harmful software code;
      6. not to use the Site for purposes of promoting unsolicited advertising or sending spam;
      7. not to 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’);
      8. not to use the Site in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
      9. not to promote any unlawful activity;
      10. not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
      11. not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks;
      12. not to attempt to circumvent password or user authentication methods; and
      13. to comply with the provisions relating to our intellectual property rights.
  7. Accuracy of information and availability of the Site
    1. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
    2. We may suspend or terminate operation of the Site at any time as we see fit.
    3. Any Content is provided for your general information purposes only. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
    4. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
  8. Hyperlinks and third party sites
    The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites 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 does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
  9. Limitation on our liability
    To the extent permitted by law, we shall not be responsible or liable to you or to any third party, whether in tort, contract, guarantee, representation or warranty arising in whole or in part from these Terms or your use or intended use of the Site.
  10. Indemnity
    You agree to indemnify and hold us harmless from and against all claims and expenses in whole or in part arising out of or in any way caused by any breach of these Terms by you or from your use or intended use of the Site.
  11. Events beyond our control
    We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
  12. Rights of third parties
    No one other than a party to these Terms has any right to enforce any of these Terms.
  13. Variation
    These Terms are dated 18 December 2018 on which these terms were last updated. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 13. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
  14. General
    1. You may not transfer any of your rights under these Terms to any other person.  We may transfer our rights under these Terms at any time.
    2. If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
    3. Unless and otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
    4. These Terms represent the entire agreement and understanding between us in relation to the use of the Site and the provision of our Service.
  15. Disputes
    1. We will try to resolve any disputes with you quickly and efficiently.
    2. We are only able to deal with complaints relating to our Service and are unable to accept any complaint or claim in respect of any act or omission of the Financial Institution or Account Provider.
    3. If you are unhappy with us please contact us as soon as possible.
    4. If you and we cannot resolve a dispute using our complaint handling procedure, we will:
      1. let you know that we cannot settle the dispute with you; and
      2. advise you to contact the Financial Ombudsman Service by writing to them at Exchange Tower, London, E14 9SR or by contacting them through their website at www.financial-ombudsman.org.uk.
    5. If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.
    6. Relevant United Kingdom law will apply to these Terms.
Version 1 - (12 November 2018)