Website Terms and Conditions of Use
1 TERMS OF WEBSITE USE
1.4 If you take out one of our lending products, including the Tappily revolving credit facility, you will also subject to additional terms and conditions.
2 INFORMATION ABOUT US
2.1 Our Site is operated by Indigo Michael Ltd. We are registered in England and Wales under company number 7721420 and have our registered office at 10 Brick Street, Mayfair, London, W1J 7HQ.
2.2 Indigo Michael Ltd is authorised and Regulated by the Financial Conduct Authority for Consumer Credit (lending and credit brokerage) business, with Firm Reference Number: 715525. Indigo Michael Limited is also registered with the Financial Conduct Authority under the Payment Services Regulations 2017 (with register reference number: 792605 for the provision of payment services.
2.3 We are registered with the Information Commissioner's Office in compliance with the Data Protection Act 1998. Our registration number is Z2878281.
3 ACCESSING OUR SITE
3.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
3.2 From time to time, we may restrict access to some parts of our Site, or the entirety of our Site, to users who have registered with us.
3.4 You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.
4 YOUR TAPPILY PROFILE
4.1 You can access your Tappily profile by logging into a secure part of our website at https://www.tappily.co.uk/account/login or by calling us on 0800 822 3400. When you first create your Tappily profile, you are required to select a username and password. You will be required to use your user name and password and/or confirm your identity each time you access your Tappily profile, online or by telephone. You may also be able to access Tappily profile from your mobile phone internet browser.
4.2 You must keep your Tappily username, password and security question details strictly confidential. You must not write your Tappily profile details down without disguising them. You must not let anyone else use your password to access your Tappily profile.
4.3 You have designated and provided the details of your internet banking account (Your Bank Account) within Tappily or alternatively have authorised Tappily to access your transaction data and your bank balance from your internet banking account through our provision of Account Information Services under the Open Banking regime. In either case this is because you wish to track and monitor that account using our services, and/or you have applied for a Tappily revolving credit facility.
4.4 You appoint Tappily as your agent and nominated representative and instruct us to access and use on your behalf (in accordance with clause 4.5) the information from your third party internet banking account websites.
4.5 To provide the Tappily service to you, as your agent and nominated representative, you instruct us (and our supplier Yodlee. Inc, (Yodlee)) to access, retrieve and use your account information either by providing your password and security login details directly to Tappily or alternatively by authorising Tappily to access your transaction data and your bank balance through our provision of Account Information Services under the Open Banking regime in either case for the purposes specified. The purposes are limited to:
4.5.1 Modifying and displaying your information within your Tappily profile board on our Site;
4.5.2 Periodically viewing and monitoring your bank account balance;
4.5.3 Copying transaction data (Transaction Data);
4.5.4 Storing the copied information upon our servers;
4.5.5 Making lending and collecting decisions;
For the avoidance of doubt, we will not, and cannot, control your bank account, make payments or transfer funds to third parties or otherwise operate any other functionality on your account.
4.7 You acknowledge and accept that your internet banking provider does not endorse or sponsor Tappily.
5 INTELLECTUAL PROPERTY
5.1 Our Site, the content, any materials downloaded, and all intellectual property pertaining to or contained on our Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by Tappily or third parties and all right, title and interest therein shall remain the property of Tappily and/or such third parties (collectively, the "Content"). All Content is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
5.2 You are authorised solely to view and retain a copy of the pages of our Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on our Site for the purpose of transacting business with Tappily.
5.3 You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, otherwise make available to any other third party, or in any way distribute or exploit our Site, or any portion of our Site for any public or commercial use without the express written consent of Tappily.
5.4 Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on our Site (or printed pages produced from our Site); and (ii) make any other modifications to any documents obtained from our Site other than in connection with completing information required to transact business with Tappily.
6 SITE SECURITY
6.1 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
6.2 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 our Site will cease immediately.
6.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
7.3 Additionally, by using our Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to our Site may be read or intercepted by others, notwithstanding Tappily's efforts to protect such transmissions. We are not responsible for any message lost, intercepted or altered by third parties and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to us or any message sent by us to you over the Internet.
7.4 Logos, trademarks, images, etc. are the property of Tappily unless otherwise noted and may not be copied, used, linked, disseminated, etc. without Tappily's prior express written approval. Requests for approval should be directed to firstname.lastname@example.org or Tappily, PO Box 1515, High Wycombe, HP11 9JE.
9.1 Whilst we have taken reasonable steps to ensure the accuracy, currency and availability, correctness and completeness of the information contained on the site:
9.2 Tappily does not promise that our Site or any content, document or feature of our Site will be error-free or uninterrupted, or that any defects will be corrected or that your use of our Site will provide specific results.
9.4 Tappily disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.
9.5 Tappily disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of our Site. You assume total responsibility for your use of our Site and any linked sites.
10 OUR LIABILITY
10.1 The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
10.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
10.1.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time; and
(viii) whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
10.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
12 LINKING TO AND FROM OUR SITE
12.1 Our Site may contain links to sites maintained by third parties for your convenience. As Tappily does not control such sites, Tappily is not responsible for the content or privacy policies of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites.
12.2 Please note that other web sites and web pages linked to our Site may be governed by separate terms and conditions, including privacy policies. Please refer to the applicable terms and conditions of those web sites and web pages when visiting them.
12.3 You are not entitled to and must not (nor will you assist others) to set up links to the Site, (whether by hypertext linking, deep-linking, framing toggling, direct link also known as ''Hot Link" or otherwise link or connect) without our prior written consent, which we may grant or withhold at our absolute discretion.
12.4 If you wish to make any use of material on our Site other than that set out above, please address your request to email@example.com or Tappily, PO Box 1515, High Wycombe, HP11 9JE.
12.5 We reserve the right to withdraw linking permission without notice.
14 LAW AND JURISDICTION
16 YOUR CONCERNS
If you have any concerns about material which appears on our Site, please contact firstname.lastname@example.org or Indigo Michael Ltd t/a Tappily, PO Box 1515, High Wycombe, HP11 9JE.