TABLE OF CONTENTS
1. Introduction
2. Our Agreement with you
3. An overview of the Service
4. Your Privacy
5. Your Use of the Service
6. What we ask you not to do
7. Third Party Partners
8. Advertising
9. Notifications and Alerts
10. Your User Information
11. Data Dispute Policy
12. Complaints Policy
13. Posting on the Service
14. Your Indemnification of Us
15. Availability of Service and Alert Disclaimer
16. Our Intellectual Property Rights
17. Disclaimer of Representations and Warranties
18. Limitations on our Liability
19. Ending the Agreement
20. Modifications to the Agreement
21. Governing Law and Forum for Disputes
22. Other important matters
23. Trademarks
Introduction
These are the terms of use for “Kalgera”, acting as an agent of TrueLayer, who is providing the regulated Account Information Service, and who is authorised by the FCA as an Authorised Payment Institution (reference number: 793171).
Kalgera is owned and operated by Kalgera Limited and is provided at www.kalgera.com and associated mobile applications. Kalgera allows you to see all your online banking accounts in one place and analyses your account information to detect and reduce financial vulnerability risk (“the Service”). The Service is provided by Kalgera Limited, a company registered in England and Wales (company number: 10711821), registered at 34b York Way, King’s Cross, London, N1 9AB, (“we”, “us”, “our”).
If there’s anything you don’t understand, please get in touch with us by:
- Emailing us at info@kalgera.com
- Writing to the Chief Executive Officer, at our registered address (above)
Our Agreement with you
These terms of use form our legally binding agreement with you in relation to the Service (“the Agreement”). The Agreement sets out all the conditions on which we will provide our Service to you, and applies to you whether you are visiting the web site, or have registered to be a user of the features. If you intend to become a user (“User”) you must accept these terms as part of the registration process. This Agreement should be read carefully.
We may use third parties to provide the Service to you as explained in these terms and our Privacy Policy.
You must be 18 or over to use the Service.
If you are reading this Agreement for the first time we suggest you print or save a copy.
An overview of the Service
The Service enables you to see all your online banking accounts into in one place and analyses your account information to detect and reduce financial vulnerability risk (“the Service”). Based on such analysis, the Service may give you information relating to products or services provided by third party partners.
The Service is available to consumers for a subscription fee. We may earn a fee from our carefully selected partners based upon your use of their services or products.
The Service is an aid to you in managing, and identifying risks related to your finances. We are not authorised to provide advice under the Financial Services and Markets Act 2000. If you require such advice, please seek advice from an authorised adviser. For full details of our authorisations from the Financial Conduct Authority please search the Financial Services Register no. 743264.
Your Privacy
Your privacy is important to us and we are committed to keeping your personal data safe. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us.
Your Use of the Service
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You agree to provide us with information which is accurate, and not to misrepresent your identity or your user information. You are only entitled to access and use the service for lawful purposes.
For the purposes of this Agreement and solely to provide account aggregation to you as part of the Service, you grant us a limited power of attorney to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You acknowledge and agree that when we access and retrieve account information from third party sites, we act as your agent, not as the agent of, or on behalf of, the third party whose site we are accessing. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to us through the Service, you are licensing that content to us for the purpose of providing the Service and to use in accordance with our Privacy Policy. By submitting this content to us, you represent that you are entitled to submit it to us to use for this purpose, without any obligation by us to pay any fees or other limitations.
What we ask you not to do
You agree that you will not:
1. Use any robot, spider, scraper, deep link or other similar automated data-gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion of it without our express written consent, which may be withheld at our sole discretion;
2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Internet Explorer);
3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service; or
4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service.
Third Party Partners
The Service may provide website links and resources from by third parties. The use of third party products or services is governed by the terms and conditions of the relevant supplier. The content and operations of third party products and services is outside of our control, and we cannot accept responsibility or liability for the products and services provided to you by these third parties.
Advertising
Some parts of the Service are supported by links from advertisers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. We will not disguise any adverts in the service.
We do not endorse, warrant or guarantee the products or services available through the links. We do not guarantee that any loan, investment, account or other service’s terms, rates or rewards offered by any particular advertiser are actually the terms that may be offered to you if you pursue the offer, or that they are the best terms or lowest rates available in the market.
Notifications and Alerts
All required notices will be sent electronically to the e-mail address that you provide. Notifications will be sent to you if there is a material change to the Service, its Terms, or Policies.
The Service includes alerts on your account activity. These can be customised, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. We may add new alerts from time to time, or cease to provide certain alerts at any time at our discretion.
Alerts will be sent to the email address you have provided as your primary email address. You may also choose to have alerts sent to a mobile device. Alerts will include information about your accounts, such as your account balance or the due date for your credit card payment. Anyone with access to your email, or your mobile device, that is associated with the Service may be able to view the content of these alerts.
Your User Information
Please let us know if any of your user details change, particularly your email address, mobile phone number, or post code. If you do not do this, we will not be able to deliver any alerts or notifications to you, and your ability to access the service may be compromised.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your username, allows you to access the Service. If you become aware of any unauthorised use of your user information, you agree to notify us immediately at security@kalgera.com.
For further details about how your User Information is handled, see our Privacy Policy
Data Dispute Policy
This section applies only to Kalgera Alerts.
Kalgera is an assessment of your financial vulnerability risk. In accordance with our Privacy Policy you can choose whom you share this data with. And you have the right to dispute the data used in the formation of your Kalgera results. Before you do this, we ask that you first confirm that you have added all of your credit card and current accounts to your Kalgera profile, and that all of your accounts are showing as refreshed within the last 12 hours.
If you still believe the data to be inaccurate, you should write to the User Support Team at support@kalgera.com with the subject line “Kalgera Data Dispute”, and explain the nature of the issue. It is considered that there may be 2 forms of data dispute:
1. Kalgera data is not the same as your account providers. If this is the case, and refreshing of your data has been unsuccessful, we will work with your bank or credit card provider to restore the data feed. This may involve requesting you to provide additional information about your issue, and/or to re-initiate the data feed from the provider (either by following the normal routine to refresh your accounts, or by updating your credentials and access permissions with us).
2. You disagree with your Kalgera results. Kalgera results are based upon algorithms that have been tested against a variety of data sources and models, and produce a generic lender assessment of your monthly ability to repay credit. Every lender will view your credit profile differently, and some will lend you more or less than others. If your account data is up to date and you disagree with your Kalgera results, we will work with you so that both parties can understand the discrepancy. We will then either:
a. where the cause of the discrepancy relates to the data you have provided toKalgera, provide advice to you assist you in resolving this; or
b. where the source of the discrepancy relates to an algorithm, we will provide you a timeline for rectification; or
c. where neither of the above applies we may reject the dispute.
With any of these outcomes you may also request we add a Notice of Correction to your Kalgera Report; this will be seen by any party whom you wish to share the report with and they must take account of it if your Kalgera report is used by them when you apply for credit.
Complaints Policy
If you wish to complain about any of the services provided by Kalgera, please email us at support@kalgera.com or you can write directly to the Chief Executive Officer, Kalgera Limited, 34b York Way, King’s Cross, London, N1 9AB, explaining the nature of the complaint and what you would like us to do to put it right.
In addition:
If your complaint is about how we store or process your personal information, you can also contact the Information Commissioner’s Office, although we’d appreciate the chance to deal with your concern first.
Posting on the Service
As part of the Service, we allow users to post content on blogs and at various other publicly available locations on the Service. If you wish to post content you agree to follow these rules:
You are responsible for all content you submit to us.
By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with us and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user a non-exclusive license to access your posted content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Service and under this Agreement.
You may not post or transmit any message which is libellous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law; or that is otherwise inappropriate.
You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You may not interfere with other users’ use of the Service, including, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that adversely affects the availability of the Service to others.
Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Service that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
You may not copy or use personal identifying or business contact information about other users without their permission. Unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
You accept that we may edit your comments for clarity, or remove any comment.
Your Indemnification of Us
You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to solicitors fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
Availability of Service and Alert Disclaimer
Your access to and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that we, in our sole discretion, may elect to take.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. We will use reasonable endeavors to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Our Intellectual Property Rights
The contents of our website at www.kalgera.com (“the Website”), including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software and other material are protected under copyright, trademark and other laws. The content of the Website and all intellectual property rights in the Service belong to or are validly licensed to us. We grant you the right to view and use the Service subject to these terms. You may download or print a copy of information provided on the Service for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent.
Disclaimer of Representations and Warranties
The content and all services and products associated with the service or provided through the service are provided to you on an “as-is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the content or operation of the service. We make no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content of the service, and expressly disclaim any warranties of non-infringement or fitness for a particular purpose. We make no representation, warranty or guarantee that the content that may be available through the service is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information.
Limitations 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 contract, warranty, delict or tort (including negligence) or otherwise for: –
1. Loss of income or revenue;
2. Loss of business;
3. Loss of profits or contracts;
4. Loss of anticipated savings;
5. Loss of data;
6. Loss of goodwill; or
7. Special, indirect or consequential damage
Arising in whole or in part from your access to the service, your use of the service or this agreement, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in this agreement, our liability to you for any cause whatever and regardless of the form of the action, will at all times be limited to £500.00 (five hundred pounds).
Ending the Agreement
This Agreement will continue to apply until terminated by either you or us as set out below. If you want to terminate your agreement, email support@kalgera.com with details of your account (username, email address, first name and last name). For security we will confirm to you by email before closing your account. When confirmed your account will be closed and your ability to login deactivated. Your account data will be removed subject to and as explained in our Privacy Policy.
We may at any time, terminate our agreement with you:
1. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
2. if we in our sole discretion believe we are required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful);
3. or immediately upon notice, to the e-mail address provided by you as part of your user information.
Modifications to the Agreement
We may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on our site. The Agreement will always state the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
Governing Law and Forum for Disputes
This Agreement, and your relationship with us under this Agreement, shall be governed by the laws of England and Wales without regard to its conflict or choice of laws provisions. Any dispute with us, or our officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the English courts, except with respect to imminent harm requiring a temporary or preliminary interdict or injunction in which case we may seek this in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, we are able to offer the Service on the terms stated in this Agreement, without charge to you, and that your consent to this provision is an indispensable consideration under this Agreement.
Other important matters
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be deleted from this Agreement.
If we do not exercise or enforce any legal right or remedy which is contained in the Agreement (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and us regarding the subject matter of the same, and supersedes all other previous agreements
Trademarks
Kalgera and associated logos are registered trademarks.