Where we say “we”, “us” or “our” we mean Business Finance Technology Group Limited, trading as OpenWrks, a company registered in England and Wales with company number 09422433 whose registered office address is at 45 Wollaton Street, Nottingham, NG1 5FW.
We are authorised and regulated by the Financial Conduct Authority (the “FCA”) under firm reference number 709589. You can check our registration on the Financial Services register by visiting register.fca.org.uk or by contacting the FCA on 0800 111 6768 (freephone) or 0300 500 8082. We are authorised by the FCA to provide Account Information Services, Credit Information Services and Credit Broking. We’ll let you know promptly if at any time our authorisation is amended, removed or suspended.
We are also registered as a data controller with the Information Commissioner’s Office under registration number ZA099506. You can check our registration on the Data Protection Public Register by visiting ico.org.uk/esdwebpages/search.
You have been introduced to us by another company in connection with a service they are providing to you. Although another company has introduced you to us, it is important that you read and understand these Terms fully because we provide a different service to the one provided to you by your introducing company. You agree to abide by our Terms once you click the “I accept” button.
We provide a free online service to help you understand your income, spending and affordability by helping you build a budget.
You do not and will never have to pay us for our Services. We make our money by charging a fee to the company who has introduced you to us for the purpose of you building a budget to understand your affordability.
There may be times in the future where we bring out new products and services that might attract a charge, but we will let you know when a charge would apply, and you will not have to choose those products or services if you do not want to pay for them.
When you create an account on our platform you will be asked to confirm your acceptance to these terms and conditions.
By creating an account, you confirm that you:
You may only use our Services if you meet the above requirements.
We may refuse to provide you with Services, or stop you from accessing our Services, if we suspect that you are accessing, or trying to access our Services for fraudulent or other unlawful purposes. Examples of when we might do this could include if:
We aim to help you understand your affordability based on your income and expenditure. We do this by offering:
In order to give you a picture of your income, spending and how much you may be able to afford, we will build your Budget. To do this, we may need access to:
Credit reference agencies
By agreeing to these terms and conditions you agree that we may obtain information from your credit report from credit reference agencies once a month on your behalf acting as your authorised agent and representative. This means that we may obtain this information as if we were you asking the credit reference agencies yourself.
We will retrieve this information for you free of charge by conducting a “soft credit search” of your credit history filed with the credit reference agencies. A “soft credit search” is a search on your credit file which cannot be seen by lenders, so it will not affect their decision on whether to lend to you or not. Carrying out a soft credit searching (“soft-searching”) allows us to see what your credit score is without affecting your credit score.
By using our Services, you agree that we may soft-search your records and, where applicable, those of your financial associates (for example, anyone you have a mortgage or joint loan with):
Soft-searching is a core aspect of our Services. We need to have the ability to do this to provide you with your Budget. You may opt-out of soft-searching at any time without penalty or charge by terminating your account via the ‘My Account’ section on our platform, but please note this means you may no longer have access to our Services.
We need access to financial information from your bank accounts to be able to build an accurate picture of your income and expenditure. The easiest way to do this to share your financial information with us securely and directly from your bank account using our open banking service, the terms and conditions for this service can be found here openwrks.com/terms-and-conditions.
We may amend these Terms, our website, apps and our Services at any time. Before we implement changes to our terms and conditions, we will give you at least two (2) months’ notice of such changes. If you do not wish to accept any such proposed changes then you may terminate these terms and conditions in accordance with clause 12 below. Your continued use of our Services will mean that you accept any such changes in our terms and conditions.
For instance, we:
Some of the information we display is based on information received from third parties (including your credit report and financial information from your bank) and we do not have the ability to change this. We are not responsible for the accuracy of such information or for your reliance on that information. If you believe any information displayed by us may be incorrect, please let us know as soon as possible by contacting [email protected].
If you believe anything regarding your credit information is incorrect, please contact the relevant credit reference agencies directly.
DISCLAIMERS - IMPORTANT INFORMATION FOR YOUR ATTENTION:
Although the functionality of our website and apps should always work, we cannot guarantee that they will always be available due to maintenance or updates to our website and/or apps. Furthermore, there are certain circumstances outside of our control which may result in the Services being unavailable (for example, if the Microsoft servers or your banks’ servers fail). We will use our reasonable efforts to ensure content on our apps and websites are up-to-date and accurate, but we cannot guarantee this. As such, we cannot be liable for any loss or damage that results from any of the above scenarios.
We, or our licensors, own all intellectual property rights in our website, apps and the material published on them. All of the content on our website and apps is subject to copyright with all rights reserved.
All images, trademarks and brands displayed on our website or apps are protected by intellectual property laws and may not be reproduced or appropriated in any manner without permission of their respective owners.
You must not:
You may download, print or screen grab content from our website or apps for your personal use and information only, provided that you adhere to the restrictions noted above. You further acknowledge and agree that you:
By submitting the Content, you confirm and agree that the owner of that Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we may use the Content for the purposes set out in these terms and conditions.
Please read this clause 11 carefully, as some of the terms exclude or limit our liability for any losses suffered by you in connection with your use of our Services.
Nothing in these terms and conditions limits or excludes our liability for:
We will comply with our legal and regulatory obligations to prevent unauthorised access to the Services and we will accept liability for loss and/or damage to you resulting from any unauthorised access to the Services, 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 and conditions.
However, you will be responsible for any losses arising from unauthorised access if we reasonably believe that:
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.
We will not be liable for any loss or damage that you may suffer because of any abnormal or unforeseeable circumstances outside our of reasonable control which would have been unavoidable despite all efforts to the contrary, for example, any delay or failure 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 and conditions.
We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
We will have no liability for refusing any application submitted by you to register for use of the Services or any other product or service we may provide.
We are not financial advisors, accountants or lawyers. Any information provided on this website or via our communications with you is not intended as investment or financial or legal advice. As such, we cannot be held liable for any reliance on the information you receive as part of the Services.
We will not be liable to you or any third party for any loss, damage or cost suffered or incurred, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising out of or in connection with:
You agree that:
You understand that these Terms and any other consents or authorisations you agree to in connection with using our Services will be a legally binding agreement between you and us.
These Terms shall commence from the date you create your account on our website or apps and will continue for as long as you use our Services or have an account on our website or apps.
We may terminate these Terms and your use of our Services, website, apps or any products or Services contained in, or provided or obtained through our website or apps (i) for any reason and with no liability to you by providing you with at least thirty (30) days’ prior notice; or (ii) immediately without prior notice if there are serious grounds for doing so (noting that we will provide you with notice after termination should we terminate on these grounds).
If you no longer wish to receive our Services, you can close and delete your account by contacting us and asking us to close your account. If you do this, you will terminate these Terms and you will not be able to access the information we hold about you through our website or apps.
The headings used in these Terms are for convenience only and shall not affect their interpretation.
In these Terms, unless specified otherwise, use of the singular includes the plural, use of any gender is deemed to include every gender and any reference to a person includes a corporation, a partnership and any other body or entity, and vice versa.
Use of the words, includes or including or similar words or phrases means without limitation and the use of these or similar words or phrases shall not limit the meaning of the general words.
We shall not be liable for any delay or failure to provide our Services or perform any obligation under these Terms if the delay or failure is caused by circumstances beyond our reasonable control.
Nothing in these Terms is intended to confer on any person any right to enforce any term of these Terms which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.
Each of the provisions of these Terms (or part of any provision) is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect the legality, validity or enforceability of the other provisions of these Terms. The provision itself shall apply with the minimum modifications necessary to make it legal, valid and enforceable.
No delay or omission by us or you in exercising any right, power or remedy provided by law or under these Terms shall affect that right, power or remedy; operate as a waiver of it; or operate as an affirmation of these Terms. You may not assign any of your rights or obligations under these Terms.
You agree that any notices and other communication may be given by us by email or posted on our website and this will comply with any legal requirement for such communications to be in writing. You also agree that any notice or other communication made in such manner will be deemed received by you 24 hours after email or posting.
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and shall be subject to the non-exclusive jurisdiction of the English courts.
We are here to help, so if you have any questions about our feedback on our Terms or wish to make a complaint about our Services, please get in touch with us by emailing [email protected]. If the question or complaint relates to information we have obtained from a Credit Reference Agency or other third party service provider, we may refer your question or complaint to them if we consider it appropriate.
If you have made a complaint about our Services and we have provided a final response which is not to your satisfaction or you have not received a response within eight weeks of making your complaint, you can ask the Financial Ombudsman Service to investigate. The contact details for the Financial Ombudsman Service can be found here financial-ombudsman.org.uk/.
When you’re using our Services, you must not do any of the following things. If you do or if we have reason to believe you either have done or will do, we may refuse to provide Services to you temporarily or permanently or we may take other action against you (including legal action).
Some of the actions listed below are unlawful. Where this is the case (or we believe it may be the case), we may disclose your identity, your activities and other information we hold about you to law enforcement agencies.
You must not, and you must not allow another person to, use our website or apps (including any content or materials on them) or our Services:
You must not, and you must not allow another person to:
We may monitor your use of our Services and monitor your activity for security purposes.
You must fully cooperate with us where any law enforcement authorities, regulators or court order requests or directs us to disclose the identity or locate anyone posting any material or using our website or our Services in breach of our Acceptable Use Policy.
When posting any communication or content on or via our website or app it must: