1. SERVICE TERMS
1.2. By installing and using the Services you agree to be bound by: these terms of use (“Ecospend Terms”); and our Privacy Policy.
1.3. Please review them carefully before you accept them. If you do not agree to these terms, then we will not license the Service to you and you must not download or use it.
1.4. You may only use the Service if you are 18 years or older. By installing the Service, you confirm that you are.
1.5. These Ecospend Terms will apply to the relationship between us and you in respect of the period from when you first download the Service, until you delete it and cease to be registered with us – see section 24 if you wish to find out more. these terms of use (“Ecospend Terms”); and our Privacy Policy.
2. THE SERVICE
2.1. The “Service” means Application Program Interface (API) services as well as mobile and web-based solutions provided by Ecospend Technologies (“we”, “us” or “Ecospend Technologies”) to offer Open Banking/PSD2 payment and data services.
2.2. We may update the Service to add and improve its functions. Depending on the update, you may not be able to use the Service until you adapted your implementation to the the latest version, downloaded the latest version of apps and accepted any new or additional terms.
2.3. If you have any issues with the Service, please contact us at hello@ecospend.com and we will do our best to help you.
2.4. The Service is provided for convenience. You acknowledge that the Service is dependent upon other people (third parties). We try to ensure that the Service is available to you at all times, though we can’t promise that it will always be available or work perfectly (for example, in the case of maintenance, fraud, or a fault in the systems used to provide the Service). These events are sometimes outside of our control
3. YOUR USER LOGIN, RECOVERY CODES, AND KEEPING THEM SECURE
3.1. You need to register on the Service to use it. This will create an account (your “User Login”). This section contains information on how you can keep your User Login safe.
3.2. When you create a User Login, you can choose your own PIN code. As a security precaution, we won’t be able to see your PIN code, but we will store it securely. You must keep your PIN code secret. If you lose your PIN code you will need to create a new User Login as we can’t give you a new PIN. We’ll never ask you to tell us your PIN or recovery code, so you shouldn’t share it with anyone, even if you think that they work for Ecospend.
3.3. The Service also has the functionality to use your device’s stored biometric data (such as fingerprint or facial recognition data) to grant access. Some mobile devices have the ability to store multiple sets of biometric data, allowing family, friends or other users access to your device. We strongly advise that you do not register multiple peoples’ biometric data on your mobile device, but if you do, ensure that you do not share your mobile device with a person who is not authorised to access your Account(s) (described in section 5) as this could result in an unauthorised person having access to your Account(s).
3.4. If you wish to re-install the Service, or install the Service on a new mobile device, you can sign in with your username and passcode.
3.5. Unless it’s caused by our failings, you are responsible for (and agree to hold us harmless from) unauthorised access or changes to, or transactions on, your Account(s) resulting from shared access to your mobile device or other people having access to your Service’s User Login, or PIN code.
3.6. If you find out or suspect that your Service’s User Login or PIN code has been lost, stolen, or someone has used it without your permission, you must tell us as soon as possible. You can let us know by emailing hello@ecospend.com. If you do so, then we can deactivate your Service (including access to your Accounts through the Service) but remember that you may also need to inform your Providers (described in section 5) if the security of any Accounts may have been compromised.
4. ADDITONAL SERVICES
4.1. Account Overview: This lets you combine your personal financial information from UK current accounts, and UK based credit cards (and, in limited cases, other forms of accounts) from banks and other financial institutions (“Accounts”), in one clear view. To do this, we request Account Information from your Providers, and you explicitly consent to this – find out more in section 5.
4.2. Smart Budget Insights & Fraud Alerts: Ecospend offers smart insights that make your money easy to understand. See what you’ve spent, where, and avoid surprises thanks to predicted debits. These are based upon analysis of your Account Information, other information you provide, and your settings. Fraud Alerts may be delayed or prevented by a variety of factors and we cannot guarantee that they will be delivered on time or based on accurate information.
4.3. The Ability to Act on these Insights: Ecospend enables you to make smart decisions and act positively when it comes to your money. Set yourself budgets, see where you might be able to save by using products and services offered by external providers – for example, look for a mobile phone or insurance deal. We partner with carefully selected companies to bring the most relevant features to Ecospend – please see section 12 and our Privacy Policy for more details.
4.4. Payment Services allowing you to move money between those accounts held on the Service and also to pay other individuals using their sort code, account number and name.
5. YOUR ACCOUNT INFORMATION AND OTHER CONTENT
We will act on your behalf:
5.1. To make the most of the Service you can load up financial information from your Accounts (“Account Information”). This is done by instructing us (on the Service) to retrieve Account Information held online by the banks and other financial institutions with which you have a customer relationship (your “Providers”).
5.2. By doing so, you authorise us (and our thirdparty suppliers) to contact your Providers, on your behalf, to retrieve Account Information requested by you. You explicitly consent to us (and our third-party suppliers) having the right to act in your name to contact the Providers, and to retrieve and (in line with our Privacy Policy) use the Account Information, in respect of the Accounts that you add into the Service. More information on how this works is below.
We will access the Account Information from each of your Providers in this way:
5.3. Through a dedicated interface made available to us by your Provider. This allows us to make requests to your Provider to send us items of Account Information. Your Provider will then send this information to us, unless you have told them not to. Many of the direct interfaces are supported by the UK’s Open Banking initiative – you can find more information about how this works (including FAQs) at: www.openbanking.org.uk.
5.4. The information that we request is described in more detail when you follow the process to add an Account in the Service.
5.5. To keep the Service up to date, we will use our automatic tools to access the Account Information: on a regular basis (usually, once every day); each time you log in to the Service; and, if you manually request a refresh on the Service.
5.6. Your explicit consent to us to access specific Accounts or Providers may be subject to time limits (e.g. 90 days) – once we reach these time limits you will need to provide a confirmation of your explicit consent through the Service if you wish us to be able to continue accessing and retrieving Account Information from your relevant Provider(s). Warnings and things for you to check:
5.7. The Providers are wholly responsible for the Accounts you hold with them. This applies even when any instructions or information regarding those Accounts are viewed or transmitted via the Service.
5.8. Your use of the Service is entirely voluntary. Many Providers of Accounts are required by law to allow us to access Account Information for use in the Service once you have explicitly consented to us doing so. Some may, however, impose restrictions (such as under the terms that you have agreed with them). It is your responsibility to check if your Provider stops you from using the Service (for example, by prohibiting you from downloading your Account Information using tools like the Service). We have no control over your right or ability to view your Account Information or transact on your Accounts. On an ongoing basis, including each time you use the Service, you confirm to us that:
5.9. You are legally authorised for each Account in respect of which you use the Service (whether or not you are the Account holder) and any joint Account holder has consented to your use of the Service. You may not use the Service in respect of any Account you are not authorised to use; and
5.10. You have the right to use the Service in respect of each relevant Account Information request.
5.11. We do not check the Account Information for accuracy, legality or otherwise. We are not responsible for the Account Information, the way that your Accounts operate, or other products and services offered by others.
5.12. You acknowledge there may be issues with accessing Account Information, and with Account Information being accurate or up to date. For example, when displayed through the Service, Account Information is only updated as recently as is shown in the relevant page. You may be able to request a refresh through the Service if it appears to be out of date.
5.13. By uploading or submitting any information, content or materials to the Service, you allow us (and our suppliers) a worldwide right to use it to provide the Service to you. More information about how we use your information, and how it is held securely, is in our Privacy Policy.
6. PAYMENT SERVICES
6.1. The Ecospend Service allows you to pay other people and move money between your personal and business accounts with those banks you have connected to the application. Users will need the bank account numbers and sort codes of those they wish to make payments to.
6.2. As with all Open Banking provisions the user must give their consent to make payments by providing their credentials to the bank through which they will make the payment. At no point in this process does the Ecospend Service or Ecospend Technologies hold, retain or utilise a user’s bank login credentials.
6.3. To make a payment the following information is required:
6.3.1. Name of recipient
6.3.2. Account number of recipient
6.3.3. Sort Code of recipient
6.4. It is also possible to use this information
6.4.1. IBAN of recipient
6.4.2. BIC code of recipient
6.5. Ecospend Pay
6.6. This is an embedded payment gateway within a merchant’s retail website. The gateway allows a user to make a payment to the merchant using Open Banking.
6.7. The gateway securely transfers the user to their banks login page where the user will need to check the payment amount, and by entering their banking credentials they are consenting to pay that merchant.
6.8. At no point in this process does the Ecospend Service or Ecospend Technologies hold, retain or utilise a user’s bank login credentials.
7. YOUR PAYMENT INITIATION SERVICES AND OTHER CONTENT
We will act on your behalf:
7.1. To make the most of the Service you can make payments to individuals and move money between your Accounts (“Payment Initiation”). This is done by instructing us (on the Service) to retrieve make payments using the accounts held online by the banks and other financial institutions with which you have a customer relationship (your “Providers”).
7.2. By doing so, you authorise us to contact your Providers, on your behalf, to make those payments requested by you. You explicitly consent to us having the right to act in your name to contact the Providers, and (in line with our Privacy Policy) use the Information you provide to trigger those payments. More information on how this works is below. We will access the Payment Initiation from each of your Providers in this way:
7.3. Through a dedicated interface made available to us by your Provider. This allows us to make requests, on your behalf, to your Provider to make payments or move money. Your Provider will then send this information to us, unless you have told them not to. Many of the direct interfaces are supported by the UK’s Open Banking initiative – you can find more information about how this works (including FAQs) at: www.openbanking.org.uk.
7.4. Your explicit consent to us to access specific Accounts or Providers may be subject to time limits (e.g. 90 days) – once we reach these time limits you will need to provide a confirmation of your explicit consent through the Service if you wish us to be able to continue using the Payment Initiation Service from your relevant Provider(s).
Warnings and things for you to check:
7.5. The Providers are wholly responsible for the Accounts you hold with them. This applies even when any instructions or information regarding payments are transmitted via the Service.
7.6. Your use of the Service is entirely voluntary. Many Providers of Accounts are required by law to allow us to trigger payments using the Payment Initiation Service in the Service once you have explicitly consented to us doing so.
7.7. Some may, however, impose restrictions (such as under the terms that you have agreed with them). It is your responsibility to check if your Provider stops you from using the Service (for example, by prohibiting you from downloading your Account Information using tools like the Service).
On an ongoing basis, including each time you use the Service, you confirm to us that:
7.8. You are legally authorised for each Account in respect of which you use the Service (whether or not you are the Account holder) and any joint Account holder has consented to your use of the Service. You may not use the Service in respect of any Account you are not authorised to use; and
7.9. You have the right to use the Service in respect of each relevant Provider’s sites (where relevant) and Account Information.
7.10. We do not check the Payment Information for accuracy, legality or otherwise. We are not responsible for the Payment Information, the way that your Accounts operate, or other products and services offered by others.
7.11. You acknowledge there may be issues with accessing Payment Information, and with Payment Information being accurate or up to date.
7.12. By uploading or submitting any information, content or materials to the Service, you allow us (and our suppliers) a worldwide right to use it to provide the Service to you. More information about how we use your information, and how it is held securely, is in our Privacy Policy.
8. PAYMENT INITIATION TIME
8.1. Once you have submitted a request to make a payment the Provider will process that payment following your explicit consent. This process will be time limited to avoid the Service or embedded gateway from ceasing to function. It will be limited to 90 seconds.
9. PAYMENT LIMIT
9.1. The payment limit of The Payment Initiation function of the Service can be set by you up to the amount of £1,000.
9.2. For Ecospend Pay the limit is defined by the availability of funds in your account when you arrive at the third-party retail checkout webpage.
10. CONFIRMATION OF PAYMENT
10.1. We will not debit your account in either Ecospend the Service or Ecospend Pay prior to receiving a payment order from you. A receipt of the payment order will be provided before any funds are debited.
11. COMPATIBLE DEVICES AND MOBILE DATA CHARGES
11.1. In order to use the Service, you are required to have a compatible mobile telephone or handheld device and internet data access. You will be assumed to have obtained permission from the owners of the devices that are controlled, but not owned, by you, to download and use the Service.
11.2. You may be charged by your mobile network operator for internet data access. You accept responsibility for the use of the Service (including data charges) and any service on or in relation to any device, whether or not it is owned by you.
11.3. In order for us to contact you should we wish to notify you of any changes to these terms and conditions, security breaches, possible fraud or any other matter that we are required to inform you of you will need access to email as this is the primary contact method.
11.4. If you would like us to contact you by telephone and/or mail you can get in touch using hello@ecospend.com.
12. PROPRIETARY RIGHTS AND LICENCE
12.1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the Service (including its appearance and branding), together with the underlying software code, are owned by Ecospend Technologies or its licensors. We may also use open source software code in the Service – further information on this is included in the “About Ecospend” section of the Service.
12.2. Ecospend Technologies grants you a revocable right to use the Service for your personal (non-commercial) use in accordance with these Service Terms.
You will not, nor allow third parties on your behalf, to:
12.3. Make and distribute copies of the Service;
12.4. Attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Service;
12.5. Create derivative works of the Service;
12.6. Rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Service;
12.7. Make alterations to, or modifications of, the Service, or permit the Service to be combined with, or become incorporated in, any other programs.
12.8. You will comply with all technology control or export laws and regulations that apply to the technology used or supported by the Service.
13. ACCEPTABLE USE RESTRICTIONS
You must not:
13.1. Use the Service in any unlawful way or in breach of these Ecospend Terms, or act fraudulently or maliciously (for example, by accessing other people’s Accounts through the Service);
13.2. allow any other person to use the Service installed on your device
13.3. infringe intellectual property rights in relation to the Service, or your use of it;
13.4. use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other persons (for example, we expect fair levels of use and would not expect you to make a large number of manual requests for Account Information to be updated);
13.5. and attempt to alter or decipher any transmissions to or from the servers running any service (for example, by trying to break the encryption protecting those transmissions).
14. DATA PROTECTION
14.1. Any personal information you supply to us (and which we collect from you or other sources) when creating a User Login or using the Service will be used by us in accordance with our Privacy Policy.
14.2. By using the Service, you consent to us collecting and using technical information about your usage and device to improve our products and to provide any services to you.
15. SECURITY
15.1. The security of your information is our highest priority. We are regulated by the FCA and they have evaluated our security architecture to ensure it complies with their rigorous parameters.
15.2. We regard our security systems as ‘bank grade’
15.3. At no point during Account Information Service Provision or Payment Service Provision do we hold, ask for, or process your bank login credentials. This process happens within your bank’s own website.
15.4. All the banking data that we hold is encrypted and stored in servers that are as secure as is possible with current technology. We have strict, regulated and authorised processes regarding access to this data.
15.5. Any personal information you supply to us (and which we collect from you or other sources) when creating a User Login or using the Service will be used by us in accordance with our Privacy Policy.
15.6. Never share your bank login credentials with anyone and we will never ask for them. If you receive a communication that appears to be from us asking for this information inform the authorities immediately via this website: https://www.actionfraud.police.uk/.
16. SUSPENDING AND STOPPING YOUR USE OF THE SERVICE BY US
16.1. We may suspend or end your use of the Service at any time – we will usually inform you when this is happening, but we can’t always do so. We might take this action if you breach these Service Terms, for the reasons outlined below in this section, and in other circumstances where we believe that there is a valid reason (such as for risk or fraud management, or at your request).
16.2. We have no obligation to resume provision of the Service to you, or to re-activate your User Login, if suspended or closed. If we permanently end your use of the Service then:
16.2.1. the rights granted to you in these Service Terms end, and
16.2.2. you must stop use of the Service and remove it from your devices.
16.3. If you are inactive then your User Login could automatically be suspended, and you will be required to create a new User Login.
16.4. If we suspect that that the Service’s security has been breached, or we suspect unauthorised or fraudulent use of the Service, then we may suspend its use. If we do this, then we will try to contact you (normally by email) to let you know.
16.5. We may also need to limit, block or stop your usage if we are required to do so by law.
16.6. In some cases, to enable us to lift a limit, suspension or other stop on your use of the Service, we may need you to provide us with further information.
16.7. We have the right to stop the use of our payment provision either through the Ecospend Service or Ecospend Pay on reasonable grounds relating to—
16.7.1. the security of the payment instrument;
16.7.2. the suspected unauthorised or fraudulent use of the payment instrument
16.8. In the event we carry out measures to prevent the use of the Payment Initiation service we will:
16.8.1. inform you that we intend to stop the use of the payment instrument; and
16.8.2. give our reasons for doing so
17. UNAUTHORISED OR INCORRECTLY INITIATED PAYMENTS
17.1. If an executed payment transaction is not authorised (consent and withdrawal of consent), then we are required to—
17.1.1. refund the amount of the unauthorised payment transaction to You; and
17.1.2. where applicable, restore the debited payment account to the state it would have been in had the unauthorised payment transaction not taken place.
17.2. We must provide a refund under paragraph as soon as practicable, and in any event no later than the end of the business day following the day on which we become aware of the unauthorised transaction.
17.3. 17.1 does not apply where we have reasonable grounds to suspect fraudulent behaviour by the you and we are required to notify a person mentioned in section 333A(2) of the Proceeds of Crime Act 2002 (tipping off: regulated sector) of those grounds in writing.
17.4. When crediting a payment account under 17.1, we must ensure that the credit value date is no later than the date on which the amount of the unauthorised payment transaction was debited.
17.5. Where an unauthorised payment transaction was initiated through us—
17.5.1. we must comply with 17.1;
17.5.2. if we are liable for the unauthorised payment transaction we must prove that, within our sphere of competence, the payment transaction was authenticated, accurately recorded and not affected by a technical breakdown or other deficiency linked to the payment initiation service.
17.5.3. We must, on the request of the account servicing payment service provider, compensate the account servicing payment service provider immediately for the losses incurred or sums paid as a result of complying with 17.1, including the amount of the unauthorised transaction.
18. LIMITATION OF LIABILITY
18.1. The Service has not been developed to meet your individual circumstances. It is your responsibility to ensure that the Service meets your needs.
18.2. We only supply the Service for domestic/personal use. You may not use the Service for commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity. We also have no liability to you for any damage or alteration to your equipment including your devices as a result of the installation or use of the Service.
18.3. All information, content and materials displayed on the Service is provided for information only it is not to be considered as financial or professional advice. You should not rely on information, content or materials on the Service as the sole basis for making a financial decision. You should use your own judgment and seek professional advice if appropriate.
Accordingly, you agree that we are not responsible or liable to you for:
18.4. any action (or inaction) resulting from use of or reliance on information, content and materials displayed in the Service (or any loss or damage you suffer as a result);
18.5. third party sites or services linked to or accessed from the Service (or your use of, or reliance on, those sites or services);
18.6. or any dealings you have with third parties (including your Providers and other services providers) through the Service.
Our responsibility
18.7. We shall have no liability to you under or in connection with these Ecospend Terms (including your use of the Service) whether in contract, tort (including negligence) or otherwise except as set out in section 18.8.1 and 18.8.2
18.8. Ecospend is provided to you completely free of charge and we need to make sure that we can continue to grow it. As such, and subject to section 18, if we are liable to you in relation to Ecospend and:
18.8.1. it relates to us not having met our obligations under the applicable law to protect your information or keep it secure, or it relates to any obligation under the applicable law that we cannot exclude (or limit, to the extent that it cannot be limited), then we accept that liability in full as required by the law; or
18.8.2. it relates to any other cause (regardless of the form of the action or timing) then we will only be liable to you for loss or damage that you personally suffer that is a foreseeable result of all such causes up to a maximum of £75 in total.
18.9. We are not responsible or liable if the relevant cause arises from your breach or action (such as your fraud or us following your instructions), events outside of our control, or the need to comply with our legal obligations – other sections of these Ecospend Terms explain further things that we are not responsible or liable for (such as section 18).
18.10. Nothing excludes or limits our liability for: death or personal injury caused by our negligence; our fraud or fraudulent misrepresentation; or, if we deliberately breach these Ecospend Terms in a major way that is designed to harm you. Your statutory rights are not affected.
Your responsibility
18.11. You agree to reimburse us for any losses we incur as a result of your breach of, or failure to comply with, these Service Terms or if we suffer any losses as a result of your use of the Service.
18.12. any action (or inaction) resulting from use of or reliance on information, content and materials displayed in the Service (or any loss or damage you suffer as a result);
18.13. third party sites or services linked to or accessed from the Service (or your use of, or reliance on, those sites or services); or
18.14. any dealings you have with third parties (including your Providers and other services providers) through the Service.
18.15. For lost and stolen devices or misappropriation where you have failed to keep any personal security feature, for example your passcode safe, your liability for any unauthorised Payment Transactions will be capped at £35 per each instance of loss, theft or misappropriation (not per Payment Transaction).
18.16. You will not liable for any losses:
18.16.1. arising after you have notified us that the device or your access details to any device have been lost, stolen or misappropriated;
18.16.2. if we have not provided a means for you to make the notification to us referred to in clause 22.4;
18.16.3. if we have not authenticated any of your Payment Transactions in accordance with our obligations under regulation 100 of the PSRs
18.17. Where any unauthorised Payment Transaction arises from you acting fraudulently, or you intentionally or with gross negligence fail to comply with your obligations here in the Ecospend Terms you will be liable for all losses (including our losses).
19. DISCLAIMER
19.1. The Service contains links to third-party websites, including those operated by service providers who may offer you products or services displayed by (or linked to from) our Service (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You need to make your own judgement on any Third-party Sites, including the purchase and use of any products or services accessible through them.
19.2. To the maximum extent permitted by law, we disclaim all implied warranties with regard to the Service. We do not promise that the information, content or materials displayed on the Service are accurate, sufficient or errorfree. We do not promise that the information on our system is, when accessed by you, upto-date or complete. The Service and software are provided “as is” and “as available” without warranty of any kind.
19.3. Android devices allow apps to draw or run over other apps, or otherwise interact with other apps (“Overlay Functionality”). This functionality could be abused by third parties to capture the content of the Service and therefore poses a security threat.
19.4. We strongly advise you not to allow other apps to use Overlay Functionality in order to prevent possible misuse of information such as personal information, access credentials or banking information. If you do permit other apps to use the Overlay Functionality then (unless it’s caused by our failings) you are responsible for (and agree to hold us harmless from) any unauthorised access or changes to, or transactions on, your Account(s) resulting from the use of the Overlay Functionality.
20. HOW WE ARE FUNDED
20.1. The Service is completely free to use. There is no subscription charge or price. To fund some of this we do receive payments if you choose to use some third party services linked to from the Service.
20.2. We don’t compromise ourselves by using those that will give us the largest payments – we always look for the best fit and service for the users of Ecospend.
21. CHARGES
21.1. The Payment Initiation function of Ecospend is free for you to use. Ecospend Pay is also a free service for you to use.
22. PROBLEMS, QUESTIONS & COMPLAINTS
22.1. Ecospend appreciates it greatly if you notify us of a question or problem, because this gives us the opportunity to seek a suitable solution. It also gives us the opportunity to improve its service to you and other customers. Ecospend also has an internal complaints procedure. We aim to handle all problems, questions and complaints efficiently and quickly. If you have questions, problems or complaints, regarding the Service then please submit them to hello@ecospend.com and include the following information: your name, telephone number; and, a description of your concern.
22.2. If after we have responded to your complaint you remain unhappy, depending upon the complaint, you may be entitled to refer the complaint to the Financial Conduct Authority or the Financial Ombudsman based in the United Kingdom. The Financial Ombudsman is a free, independent service for resolving disputes between customers and financial services institutions like Ecospend Technologies which operate under the authority of the Financial Conduct Authority. More information is available at http://www.financial-ombudsman.org.uk/.
22.3. We will communicate with you in English and all changes to the terms and conditions will be made in English.
22.4. You may request a copy of our Terms and Conditions at any time. They can be downloaded from our website www.ecospend.com. You can also request them via email at hello@ecopspend.com. You can contact us by phone on 0203 004 9018 or you can write to us at:
Ecospend Team
80 Clerkenwell Road
London
EC1M 5RJ
23. CHANGES TO THESE ECOSPEND TERMS
23.1. We may change the Ecospend Terms at any time and will inform you of a change either;
23.2. through the Service, when you next start the Service, or
23.3. by email
23.4. The new terms may be displayed on-screen and you may be asked to read and accept them to continue your use of the Service. We will inform you of these changes at least two months before the changes take effect.
23.5. We will always act fairly and reasonably when we make these changes. The most common reasons that they will happen are if:
23.5.1. We are changing the way that an existing part of the Service operates, introducing new functionality, or withdrawing functionality;
23.5.2. We consider that we should take account of developments (or changes we reasonably expect to happen) in technology, security or industry standards and norms;
23.5.3. There are changes in the way that we operate (which could, for example, lead to some aspects of the Service becoming subject to a charge) or we think that we should explain something more clearly; or
23.5.4. There is a change in law (including industry codes) that we follow, or in response to decisions of a regulator or court.
23.6. If you don’t want to accept a change, we tell you about in advance, you can close your Service account. You can also end this agreement by closing your Service account at any time after we make the change, but the change will apply to you until you do so.
24. TERMINATION OF CONTRACT
By You
24.1. You may stop your use of the Service at any time by removing the Service from your device. Doing so will not automatically delete your user information that we hold. You can delete your user information in the Service by going to “More” – “Your Profile” and then selecting “Delete my account”.
24.2. If you forget to do this before removing the Service then you can contact us at hello@ecospend.com and we can delete it for you. We will also delete your user information after 12 months of inactivity on the Service. When your Service or user information is deleted, we will continue to hold limited information (such as system logs) about your use for as long as it is required to enable us to comply with legal requirements, and for operational reasons such as issue resolution and complaint handling.
By Us
24.3. We may terminate the contract at any time unless the parties have agreed on a period of notice not exceeding one month.
24.4. This regulation does not affect any right of a party to the framework contract to treat it, in accordance with the general law of contract, as unenforceable, void or discharged.
25. KEEPING IN TOUCH
25.1. We will normally contact you using the email address which you use to create your User Login, using notifications within the Service, or using push notifications through your mobile device.
25.2. We will do this to keep you informed of matters relevant to the Service, where we need to in order to comply with our legal obligations – further details are shown in our Privacy Policy. In some circumstances, it may also be appropriate for us to contact you through other means (such as email) where you have provided your email to us.
25.3. If we communicate with you (including by telephone) it is common for us to monitor and keep a record of that communication for quality and training purposes.
25.4. Please remember to tell us if your details change. If we discover or suspect fraud or a security threat, we will need to contact you. Equally, for security reasons, we may block use of the Service if we are unable to contact you or don’t receive a response when we try to do so.
25.5. You have the right to receive a copy of these Service Terms – we will send this to you by email if you request it.
25.6. The easiest way to contact us is by emailing hello@Ecospend.com.
25.7. Our address is:
Ecospend Technologies
80 Clerkenwell Road
London
EC1M 5RJ
26. ABOUT US & OUR REGULATORS
26.1. Ecospend is registered trade mark of Ecospend Technologies. Ecospend Technologies is registered in England & Wales at 80 Clerkenwell Road, London, EC1M 5RJ with company registration number 11114967.
26.2. Ecospend Technologies is regulated and licensed by the Financial Conduct Authority with registration number 829713.
26.3. Information regarding the supervision of Ecospend Technologies can be obtained from the FCA (https://www.fca.org.uk/)
26.4. When providing services that are regulated by the FCA in connection with Ecospend (which are known as “Account Information Services Provider”), – you can find more information about this on the UK Financial Conduct Authority’s website (https://www.fca.org.uk/consumers/accountinformation-and-payment-initiation-services), with details on Ecospend Technologies at register.fca.org.uk (reference number: 812359).
26.5. We are also a Cyber Essentials qualified company and GDPR compliant with the IASME Consortium.
27. OTHER IMPORTANT TERMS
27.1. We may transfer our rights and obligations under these Ecospend Terms to another organisation, but this will not reduce your rights or those obligations. You may not transfer your rights or obligations to another person.
27.2. If we fail to insist that you perform any of your obligations, 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. Any waiver would need to be given by us in writing.
27.3. Each of the conditions of these Ecospend Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
27.4. Please note that these Ecospend Terms, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have nonexclusive jurisdiction. However, 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.
27.5. These Ecospend Terms and our Privacy Policy are drawn up in the English language. All written communications between you and us relating to these Ecospend Terms and our Privacy Policy are to be in English.
Version: 2.1 – 15 April 2020