Terms and Conditions

Last updated: 17 January 2018

OPENWRKS
ACCOUNT INFORMATION SERVICES FOR REFERRED USERS
TERMS AND CONDITIONS

1. Information About Us

1.1 Business Finance Technology Group Limited (or “OpenWrks”, “our”, “us” or “we”) is a limited company registered in England and Wales under company number 09422433. Our registered office is at The Poynt, 45 Wollaton St, Nottingham, NG1 5FW. “OpenWrks” is a trading name of Business Finance Technology Group Limited.

1.2 OpenWrks is authorised and regulated by the Financial Conduct Authority (FCA FRN 709589). You can view our registration on the Financial Services Register by visiting www.fca.org.uk/register or by contacting the FCA on 0800 111 6768 (freephone) or 0300 500 8082 or by emailing [email protected] Our permitted business includes Credit Information Services, Credit References and Credit Broking. We will promptly advise you if at any time this authorisation is removed or suspended.

1.3 Our data controller registration number is ZA099506 and you can check our registration on the Data Protection Public Register by visiting www.ico.org.uk/esdwebpages/search.

1.4 Your contractual relationship in relation to our website, www.OpenWrks.com (the “Website”) and our Services (as defined in section 1.6) is at all times with us and not with any of our partners, third party service providers or their subcontractors. Our contractual relationship is set out in these terms and conditions (the “Terms”).

1.5 Third party service providers may refer their customers to OpenWrks so that we can support such third party service providers in providing their services to their customers (“Third Party Services”). Such customers are “Referred Users”. If you have been directed to our Website by a third party service provider in order to access “account information services” (as such term is defined in the Payment Services Regulations 2017 (the “PSRs”)), i.e. to access your bank account transaction data from one or more bank accounts in order to provide some form of “consolidated information” about those accounts, then you are a Referred User.

1.6 We provide Referred Users with account information services. These services allow us to collect Referred Users’ bank account transaction data and share such data with the third party service provider and with the Referred User. The provision of this service, together with any other service provided by us to you, shall be “the Services”.

2. Account information services

2.1 We are regulated by the FCA as an “account information service provider” pursuant to the PSRs, with registration number 709589.

2.2 Each Referred User acknowledges and agrees that:

2.2.1 OpenWrks is not responsible for any Third Party Services, including the failure or unavailability of such services and any losses which may be incurred by the Referred User in the course of receiving or relying on Third Party Services;

2.2.2 the terms of the relevant Third Party Service shall be governed by any written agreement between the Referred User and the relevant third party service provider (“Third Party Agreement”); and

2.2.3 the relevant third party service provider is entirely liable for the delivery and performance (or non-delivery and non-performance) of the Third Party Services.

2.3 Where a third party service provider refers a Referred User to OpenWrks for the purpose of using OpenWrks to perform account information services, i.e. to obtain consolidated information held by the Referred User, the Referred User acknowledges and agrees that:

2.3.1 OpenWrks is providing services to the Referred User solely as an account information services provider;

2.3.2 it requests that OpenWrks obtain the Referred User’s consolidated information from the relevant payment service provider (i.e. the Referred User’s bank account provider(s)), and the Referred User hereby consents to OpenWrks doing the same;

2.3.3 OpenWrks shall release the Referred User’s consolidated information to the relevant third party service provider and the Referred User hereby consents to OpenWrks doing the same;

2.3.4 OpenWrks shall make the consolidated information available to the Referred User;

2.3.5 to the extent that any intellectual property rights are contained in the consolidated information, and such intellectual property rights belong to the Referred Customer, the Referred Customer hereby grants a non-exclusive licence to OpenWrks to use the same in order to perform its obligations under this section 2;

2.3.6 OpenWrks shall retain copies of the Referred User’s consolidated information until the earlier of the following:

(a) the relevant third party service provider instructs OpenWrks to discard the consolidated information;
(b) the Relevant User withdraws its consent for OpenWrks to retain the consolidated information;
(c) OpenWrks is required by applicable law or regulation to discard the consolidated information,

in which case, OpenWrks shall use reasonable efforts to erase or destroy the consolidated information (unless OpenWrks is required by applicable law or regulation to retain the same), or anonymise and retain the consolidated information, and the Referred User hereby consents to OpenWrks doing the same;

2.3.7 OpenWrks may access a Referred User’s consolidated information on behalf of a Referred User on an ongoing basis provided that:

(a) the Referred User shall facilitate OpenWrks’s access to the Referred User’s payment account, using the secure customer authentication method prescribed by the Referred User’s payment service provider at such times as may be required by applicable law or regulation, to authorise and periodically re-authorise OpenWrks accessing the payment account on behalf of the Referred User;
(b) the Referred User, or the relevant third party service provider acting on behalf of the Referred User, authorises OpenWrks to do so;
(c) such access is consistent with the access rights provided by Open Banking Limited (to the extent such access rights are prescribed by Open Banking Limited);
(d) these Terms remain in force; and
(e) such access remains compliant with applicable law and regulation.

2.3.8 OpenWrks may charge the third party service provider in respect of the provision of the account information services to the Referred User;

2.3.9 to the extent permitted by law, OpenWrks disclaims all warranties and representations, whether express or implied, in connection with the performance of the account information service; and

2.3.10 The use or distribution of the Referred User’s consolidated information by the relevant third party service provider shall be governed by the Third Party Agreement. If the Referred User has any concerns over the use or distribution of its consolidated information by the relevant third party service provider, the Referred User shall direct its concerns to the relevant third party service provider.

2.4 OpenWrks shall not charge the Referred User for the provision of the account information service.

3. Registering to use our Website and our Services

3.1 Before you can use our Services you must register through our Website. During this process you have the opportunity to review and receive a copy of these Terms, including our Privacy Policy and Cookies Policy, and by registering for an account you confirm your acceptance of them. We will send you a welcome email for acknowledgment purposes so that you know we have received your application.

3.2 As part of the registration process we shall authenticate your identity. Not all users will successfully pass the identity authentication process. If you fail the process, we do not have to notify you of the reasons why you failed. When you register for our Services by accepting these Terms, we may request your credit card or bank account information, together with other personal details, to verify your identity.

4. Accessing our Website and our Services

4.1 These Terms govern your access to and use of our Website and the information available on it, including information you provide and that we collect on your behalf and facilities and services offered through our Website.

4.2 You must be at least 18 years of age and a resident in the United Kingdom to use our Website and any services provided through it.

4.3 You may access and use our Website and our Services only for your personal use on your own behalf and not on behalf of anyone else. You must not engage another person, company, partnership or other entity to access our Website or our Services on your behalf.

4.4 When using our Website or our Services you must comply with the provisions of our Acceptable Use Policy as set out in section 7 below. Your right to access our Website or use our Services will terminate automatically if you breach any of the provisions of our Acceptable Use Policy.

4.5 As our Services are only available in the United Kingdom and our Website is intended for United Kingdom residents only. IF YOU CHOOSE TO ACCESS OUR WEBSITE FROM A LOCATION OUTSIDE OF THE UNITED KINGDOM, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS RELATING TO SUCH ACCESS, INCLUDING VIEWING OR USING THE CONTENT OF OUR WEBSITE, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.

4.6 We do not guarantee that our Website, or any content on it or provided as part of our Services, will always be available, uninterrupted or error free. Access to our Website and our Services is permitted on a temporary basis. We reserve the right to suspend, withdraw or restrict access to our Website or our Services, or any part of it or them, at any time for any purpose we deem reasonable, without notice. This includes where we believe that you have breached these Terms, or if we consider there is or is likely to be a breach of security.

4.7 Subject to section 4.6 above, whilst we try to keep any disruption to our Website and the Services to a minimum, our Website and the Services may become unavailable from time to time in order for us to carry out planned and unplanned maintenance and security updates. We will not provide notice of this.

4.8 We will not be obliged to restore any of your data (including consolidated information) which may be deleted in the course of suspending, withdrawing or restricting your access to our Website or our Services.

4.9 It is your responsibility (i) to print out and/or save any materials or data which you may require in the future, and (ii), in particular, to keep regular back-ups of the consolidated information. In respect to consolidated information, you may request such information from the relevant third party service provider and/or from OpenWrks.

4.10 You are responsible for making all arrangements necessary for you to have access to our Website, including providing and maintaining any equipment used to access our Website. You are solely responsible for any telecommunications costs that you incur whilst using our Website.

5. Term

5.1 These Terms commence on the earlier of (i) the date on which you first use the Website and/or the Services or (ii) the date on which you otherwise accept to be bound by them.

5.2 These Terms shall continue until the earlier of:

5.2.1 OpenWrks providing you with sixty (60) days’ notice to terminate these Terms; or

5.2.2 you providing, or the third party service provider on your behalf providing, OpenWrks with thirty (30) days’ notice to terminate these Terms.

6. Security

6.1 Your right to access our Website and the Services is personal to you. You must not allow any other person to have access to the Services using your username or password. You must keep confidential any username, password or other information you choose, or are provided with, as part of our security procedures. You must not disclose them to any other person nor keep them in any form or format that would allow them to be accessed by or on behalf of another person.

6.2 You are responsible for all use of our Website and the Services when access is obtained through the use of your username and password, whether or not authorised. For your security, we recommend that you close all open browsers relating to our Website on completion of your visit. Should you have any reason to believe that any of your personal or account information has been compromised or exposed to any other person, either by your own actions or the actions of others, you must immediately notify us and reset your password.

7. Acceptable use policy

7.1 You may only use our Website and the Services for lawful purposes. You must comply with the acceptable use policy set out in this section (the “Acceptable Use Policy”).

7.2 You must not engage, authorise or permit any other person to directly access your account in order to obtain information provided or made available to you as part of the Services (whether as agent or representative on behalf of, or as a service provider to, you or otherwise). For the avoidance of doubt, this does not restrict you from authorising us to disclose your consolidated information to third party service providers.

7.3 You must not, and you must not allow another person to, use our Website (including any content or materials on it) or the Services:

7.3.1 in any way that breaches any applicable local, national or international law or regulation;

7.3.2 in any way that is fraudulent, or has any fraudulent purpose or effect (including by misrepresenting your identity or account information);

7.3.3 to access or interfere with another person’s records, impersonate another person or create or use a false identity or email address;

7.3.4 for your own or another person’s commercial purposes (but providing you may use the same for your internal business purposes);

7.3.5 to harm or attempt to harm anyone, including minors, in any way;

7.3.6 to transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“spam”);

7.3.7 to obtain or attempt to obtain unauthorised access to or interfere with, damage or disrupt any part of our Website, any computer systems, equipment, software or networks on or through which our Website is stored or operated;

7.3.8 to modify, adapt, decipher, decompile, disassemble or reverse engineer any of the software comprised in or in any way making up a part of our Website or the Services;

7.3.9 to scrape, reproduce, duplicate, copy, modify, distribute, publish, resell or transmit any element comprised in our Website, including any software comprised in it, the content or the Services;

7.3.10 to use any technology or processes of any kind to access, acquire, copy, monitor, navigate or search our Website or any portion of it (including the use of data mining, robots or similar data gathering and extraction tools); or

7.3.11 in any way that is not authorised by us or is detrimental to us or our third party service providers.

7.4 You must not, and you must not allow another person to:

7.4.1 knowingly transmit any data, send or upload any material that is corrupt or contains viruses, Trojan horses, worms, logic-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or perform any act that would cause our Website to become unavailable for use by others (including via any form of denial-of service attack);

7.4.2 access without authority, interfere with, damage or disrupt any part of our Website, any software, the server or other equipment or network used in the provision of our Website (including where owned or used by any third party); or

7.4.3 use our Website or the Services to attempt to access any payment account in respect of which you do not have authority to do so.

7.5 Breach of the requirements in section 7.4 may be a criminal offence under the Computer Misuse Act 1990. We will report any such breach and disclose your identity to the relevant law enforcement authorities and/or regulators.

7.6 You will fully co-operate 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 this Acceptable Use Policy.

7.7 Consequences of breach of the Acceptable Use Policy

7.7.1 We may monitor and log user activity, and any material contributed by you, for security purposes and in order to identify any actual or potential misuse of our Website or the Services.

7.7.2 Failure to comply with our Acceptable Use Policy constitutes a material breach of these Terms.

7.7.3 If we have reason to believe that you have, or you are likely to, use (or allow another person to use) our Website or the Services in breach of our Acceptable Use Policy, we may take such action as we reasonably deem appropriate including: immediate, temporary or permanent withdrawal of your right to use our Website or the Services; immediate, temporary or permanent removal of any material contributed by you to our Website; legal proceedings against you; and/or disclosure of such information to law enforcement authorities or regulators as we reasonably consider is appropriate.

8. Interactive Services

8.1 We may from time to time provide interactive services on our Website, including, for example, for you to review and comment on the services and products that we or product providers or issuers of credit provide.

8.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

8.3 We are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

8.4 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content Standards.

8.5 These content standards apply to any and all material which you contribute to our Website and to any interactive services associated with it.

8.6 You must comply with the following standards. The standards apply to each part of any contribution as well as to its whole.

8.7 Contributions must:

8.7.1 Be accurate (where they state facts);

8.7.2 Be genuinely held (where they state opinions); and

8.7.3 Comply with applicable law in the UK and in any country from which they are posted.

8.8 Contributions must not:

8.8.1 Contain any material which is defamatory of any person;

8.8.2 Contain any material which is obscene, offensive, hateful or inflammatory;

8.8.3 Promote sexually explicit material, violence or any illegal activity;

8.8.4 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

8.8.5 Infringe any copyright, database right or trade mark of any other person;

8.8.6 Be likely to deceive any person;

8.8.7 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

8.8.8 Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

8.8.9 Be likely to harass, upset, embarrass, alarm or annoy any other person;

8.8.10 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

8.8.11 Give the impression that they emanate from us, if this is not the case; or

8.8.12 Advocate, promote or assist any unlawful act including copyright infringement or computer misuse.

9. Intellectual property rights

9.1 All intellectual property rights in our Website, in the material published on it and in its component systems, and those contained in the Services (including any output or deliverables arising in the performance of the Services) are owned by, licensed or sub-licensed to us. Without limitation to any other intellectual property rights in the foregoing, all content on our Website is subject to copyright with all rights reserved.

9.2 The intellectual property rights in any images, trade marks, brands and Media (as defined below) featured on our Website and/or the Services are protected by law and may not be used, reproduced or otherwise appropriated in any manner without permission from their respective owners.

9.3 You must not use any illustrations, photographs, video or audio sequences or any graphics (“Media”) separately from any accompanying text or explanation.

9.4 You must not remove any acknowledgement that we or any of our contributors is the author, owner or licensor of any Website content or any content we provide to you as part of the Services.

9.5 You may download or print content or individual sections or pages of our Website for your personal use and information only, provided that any such copy has attached to it the relevant proprietary notices and/or disclaimers. Any material downloaded or otherwise obtained through our Website is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

9.6 You must not modify, adapt, copy, download or post material from our Website nor store any part of our Website in any other website or include it in any public or private electronic retrieval system.

9.7 If you print off, copy, download or post to social media any part of our Website in breach of these Terms you must, at our option, return or destroy any copies of the materials you have made.

10. Licence

10.1 You hereby grant a non-exclusive, royalty-free, worldwide, licence (which is capable of being sublicensed to our subcontractors and commercial partners) to us to use any information (including consolidated information), data, materials or other content (collectively “Content”) you provide to us through our Website or through the use of the Services or that we otherwise obtain on your behalf as part of the performance of the Services and you agree that we can use, modify, display, distribute and create new material using the Content so that we may provide our Services to you and for any other purposes set out in these Terms, including our Privacy Policy.

10.2 By submitting 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.

11. No reliance on information

11.1 The content on our Website and any information provided to you as part of our Services is provided for general information only. It is not intended to amount to advice on which you should rely. We do not control your credit score or credit report and we cannot change that information for you. Businesses that carry out credit searches on you collect and maintain information about you from a number of sources, including the Electoral Register, fraud prevention, and credit information (including details of previous applications and the conduct of your bank accounts) and public information such as County Court Judgements, decrees, and bankruptcies. They may also form a link between any previous or subsequent names that you use in the records they hold about you.

11.2 Such businesses will use their own criteria in making decisions about you. Any decisions you make on the basis of your credit score or credit report, or any other information we provide or make available to you, are purely your own choice.

11.3 Please therefore ensure that you have fully read and understand any relevant information, such as the credit provider’s terms and conditions, which provide full details of the risks involved with any decision you make. You may wish to consider obtaining professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on our Website or any other information we provide or make available to you.

12. Limitation of our liability

12.1 PLEASE READ THE PROVISIONS OF THIS SECTION CAREFULLY, AS THEY EXCLUDE OR LIMIT OUR LIABILITY FOR CERTAIN LOSSES SUFFERED BY YOU IN CONNECTION WITH YOUR USE OF OUR WEBSITE AND THE SERVICES.

12.2 Nothing in these Terms excludes or limits our liability for:

12.2.1 death or personal injury arising from our negligence;

12.2.2 our fraud or fraudulent misrepresentation;

12.2.3 any failure to perform duties that we owe to you under the Financial Services and Markets Act 2000 or under the rules of the Financial Conduct Authority; nor

12.2.4 any other liability that cannot be excluded or limited under applicable law.

12.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website, any content on it, or the Services, whether express or implied.

12.4 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms (including for the avoidance of doubt, use of our Website and/or the Services) for:

12.4.1 any indirect or consequential loss;

12.4.2 any loss of data (whether direct or indirect), to the extent that you have not complied with your obligations under section 4.9;

12.4.3 any loss of revenue, loss of opportunity, wasted expenditure, damage to reputation or goodwill (in each case whether direct or indirect);

12.4.4 the use of, inability to use or unavailability of, our Website (or any part of it), websites linked to it (including those of the relevant third party service providers), or our Services;

12.4.5 any third party products, data, information or services accessed through or made available from, our Website (whether purchased or otherwise obtained), including in respect of any messages received or transactions entered into;

12.4.6 any loss incurred by you in connection with:

(a) the use of; or
(b) failure to make use of, howsoever arising,
the Third Party Services (and any claim you may have in respect of the Third Party Services shall be subject to the terms of the relevant Third Party Agreement);

12.4.7 the use of or reliance on any content displayed on or made available through our Website where such content is accessed free of charge; or

12.4.8 any inaccuracy or incompleteness of any information we provide to you through our Website or as part of our Services, where such inaccuracy or incompleteness arises as the result of any inaccuracy or incompleteness in the information provided to us (i) by the relevant bank (or other payment service provider) and which we use to create your consolidated information; or (ii) by you; or (iii) by the relevant third party service provider.

12.5 Subject to sections 12.2, 12.3 12.4, we limit our aggregate liability,

12.5.1 subject to section 12.5.2, arising out of or in connection with these Terms (including for the avoidance of doubt, for use of our Website and the Services), to you in respect of all events occurring in any calendar year, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, to 100% of the charges paid and payable by you to us in such calendar year, provided that if no charges have been paid or shall be payable by you to us in such calendar year, our liability shall be limited to £100; and

12.5.2 arising out of or in connection with the unauthorised disclosure of your sensitive payment data, to £250. For the purpose of the section, “sensitive payment data” means your information which could be reasonably used to carry out fraud, including your personalised security credentials (but excluding, in relation to your payment account(s), the name of the account holder and the account number), and has been used to carry out fraud in relation to your payment account(s).

12.6 Although we take all reasonable steps to protect our systems using virus checking software, please note that any content downloaded from our Website is at your own risk. We do not accept liability for any loss or damage that you suffer as a result of any distributed denial-of-service attacks, computer viruses, Trojan horses, worms, software bombs or other damaging items resulting from your use of our Website. You are responsible for protecting your computer systems from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures necessary.

13. Linking to our Website

13.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

13.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

13.3 You must not establish a link to our Website in any website that is not owned by you.

13.4 Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.

13.5 We reserve the right to withdraw linking permission without notice.

13.6 The website to which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy in section 7.

14. Links to other websites and third party resources

14.1 Where our Website contains links to other websites or resources provided by third parties, these links are provided for your information only and do not imply any endorsement by us of the linked website or resources or any related products or services (including Third Party Services).

14.2 We have no control over, and accept no responsibility or liability for, the contents of those websites or resources. It is your responsibility to check the terms and conditions of any other websites or resources you may visit and you use them and the products and/or services made available through them at your own risk.

15. Privacy and cookies

15.1 Our Privacy Policy and Cookies Policy (the “Policies”) form part of these Terms.

15.2 By using our Website or the Services you consent and agree to the processing of your personal information and our use of cookies (i) to the extent reasonably required to perform the Services; (ii) as set out in these Terms; and (iii) in accordance with the Policies.

16. Email

16.1 Messages sent over the Internet cannot be guaranteed to be completely secure as they are subject to possible interception, loss or alteration. We will 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, where such damages arise due to any act or omission by you or by any third party.

16.2 Email Disclaimer: The information contained in communications from OpenWrks.com is confidential and may be legally privileged. It is intended solely for use of the addressee and others authorised to receive it. If you are not the named addressee (or person responsible for forwarding the email to the addressee) please let us know immediately by return email and destroy the copy you have received. Any disclosure, copying, distribution or taking action in reliance on the contents of this information is strictly prohibited and may be unlawful.

17. General

17.1 The headings used in these Terms are for convenience only and shall not affect their interpretation.

17.2 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.

17.3 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.

17.4 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.

17.5 Nothing in these Terms is intended to confer on any person any right to enforce any term of these Terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

17.6 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 modification necessary to make it legal, valid and enforceable.

17.7 Failure or delay by us in enforcing these Terms shall not be a waiver of that or any other provision of these Terms.

17.8 You may not assign any of your rights or obligations under these Terms.

17.9 These Terms (including our Privacy Policy and Cookies Policy) constitute the whole agreement and understanding between you and us in relation to their subject matter and the use of our Website and our Services. Except in case of fraud, all agreements, understandings, undertakings, representations, warranties, promises and arrangements between you and us relating to the subject matter of these Terms or your use of our Website or our Services are, except as otherwise expressly stated in these Terms, excluded and superseded (and each party acknowledges that it has not relied on the same in entering into these Terms).

17.10 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 sending the email or posting on our Website.

18. Complaints

18.1 Our aim is at all times to provide you with an excellent service. If you are unhappy with Our service for any reason, please contact Our Customer Services Team by writing to OpenWrks Customer Services, Bizfitech, The Poynt, 45 Wollaton St, Nottingham. NG1 5FW or email [email protected].

18.2 We will aim to resolve your complaint within 48 hours. If we are not able to do so, we will provide you with an acknowledgement. After we have had an opportunity to investigate your concerns, we will issue you with a final response. Depending on the nature of your complaint and if you remain dissatisfied with our response, you may have the right to refer your case to the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London, E14 9SR; telephone: 0800 023 4 567; email: [email protected]; or website: www.financialombudsman.org.uk. We will advise you if this right of referral applies to you.

18.3 If you are unhappy with any product you have obtained from a third party or have any complaint regarding any third party, you should address your complaint directly to that third party. If you require their contact details, please contact Our Customer Services Team who will be happy to assist.

19. Communications under the Payment Services Regulations 2017 (“PSRs”)

19.1 To the extent we are required to make communications under the PSRs we shall either:

19.1.1 communicate general messages to our customers via the notifications on the website, www.OpenWrks.com; and

19.1.2 communicate messages specific to individual customers to the email address provided by the customer during the registration process.

19.2 In the event of suspected fraud, we shall contact you using the contact telephone number provided by you during the registration process.

20. Changes to these Terms
We may make changes to these Terms from time to time by posting an updated version of these Terms on our Website. By continuing to use our Website or the Services you are deemed to have accepted such changes.

21. Disputes and applicable law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. The English courts will have exclusive jurisdiction to hear and determine or otherwise settle any claim, suit, dispute or action arising out of or in connection with these Terms or their subject matter (including the use of our Website or use of our Services).