TERMS and CONDITIONS OF MEMBERSHIP
THIS PAGE SETS OUT THE ENROLMENT TERMS AND CONDITIONS UNDER WHICH WE SUPPLY SERVICES
TO MEMBERS OF THE MEMBERSHIP SCHEME.
You should read these terms and conditions carefully
The terms 'We', 'Our', 'Us', in these terms and conditions refer to PowerMoney
, the provider of the Membership only.
1. Members
1.1 If you enrol in the Membership you will become a 'Member'.
1.2 A Member must reside in the United Kingdom.
1.3 Any information supplied to 'Us' by a person becoming a Member will be relied
upon by 'Us' as true and accurate and upon which we are entitled to rely.
2. Members Benefits
2.1 Members are entitled to access benefits on certain products and services offered
by third parties. Benefits are set out on the Scheme website.
2.2 Any products or services purchased must be purchased directly from the product
or service providers. We do not supply, offer or charge for products or services
(other than the Membership service which provides access to the portal.)
Credit Reporting Services
2.3 Members are entitled to access the credit service supplied by Quickcreditscore.co.uk
provided that:
2.3.1 the Member accepts the Credit Service Provider's own user agreement before
first use of the Credit Reporting Service and that user agreement forms a contract
between the Member and the Credit Service Provider;
2.3.2 the Credit Service Provider is able to properly validate the identity and
address details of the Member, which validation is at the absolute sole discretion
of the Credit Service Provider;
2.3.3 the Credit Service Provider accepts the Member as a person eligible to receive
the Credit Reporting Service, which is at the absolute and sole discretion of the
Credit Service Provider;
2.3.4 the Member must register on the Credit Service Provider's website; and
2.3.5 comply at all times with the Credit Service Provider's own user agreement.
Breach of the Credit Service Provider's own user agreement may terminate entitlement
to receive the Credit Reporting Service.
2.4 Members should note that the terms of the Credit Service Provider's own user
agreement may allow the Credit Service Provider to suspend or terminate the Credit
Reporting Service under the circumstances listed in the Credit Service Provider's
own user agreement.
2.5 Any financial or other product provider's details We provide through Your membership
decides whether to approve any loan or finance applications, how much to lend or
finance, at what interest rate, on which terms and on what evidence of ability to
repay. Where We give examples they are only illustrations. We do not warrant that
examples are the actual rates and amounts as lenders decide whether to give approval
for any loan and on what terms according to Your specific circumstances and can
vary them at their own will. Neither the information, nor any opinion contained
in Our Website constitutes an offer to sell or solicitation or an offer to buy any
financial instruments or any advice or recommendation with respect to such financial
instruments. You agree that We may retain any fee from any third party made to Us
in the provision of the Services.
3. Acceptance of the Terms and Conditions
3.1 You, as a Member, or proposed Member, indicate acceptance of these Terms and
Conditions of Membership and Agreement to pay the relevant charges by clicking the
box next to the terms and conditions on the Membership payment page or by otherwise
using the Membership website. Once this button is clicked there is a legally binding
contract between the Member and 'Us' in the terms and conditions of this Agreement.
3.2 Membership starts from the time we notify you of your Log-in details.
3.3 Membership lasts for a period of 30 days from inception or until cancelled as
detailed in paragraph 7, whichever is the sooner.
4. Terms of membership
4.1 Membership is personal to the person accepting these terms.
4.2 Membership is non-transferable.
4.3 Membership cannot be used by persons other than the Member.
4.4 You shall ensure that no other persons have access to your Member details.
4.5 Other persons in the same household are not entitled to access the Membership,
the Benefits or the Credit Reporting Service using the identity of the Member and
the Member shall assume responsibility for this.
4.6 Benefits from, access to, and information from, the Credit Reporting Service
are not for resale.
4.7 A Member must promptly notify us on becoming aware of any unauthorised use,
loss or theft of the Membership number.
5. Membership Fees
5.1 A one off Joining fee of currently no more than £69.95, is payable in all cases.
On submission of your membership application you will be automatically charged by
a direct charge to the debit/credit card you provided and authorised on application.
6. Termination or Cancellation of Membership
6.1 A Member may terminate or cancel their membership within 14 days of inception
by:
6.1.1 Requesting cancellation in writing to the following address: PowerMoney,
1 Liverpool Street, London, EC2M 7QD
6.2 We reserve the right to terminate or cancel this Agreement at any time.
6.3 Entitlement to access, make use of or benefit from, the Membership including
the Credit Reporting Service shall cease.
6.4 With regard to payments set up by Credit or Debit Card, if Your payment declines
we will attempt to take the payment from the card until we are notified that You
wish us to cancel such attempts. Written confirmation may be required.
7. Obligations
7.1 We will at all times carry out our obligations under this Agreement with reasonable
care and skill.
7.2 The Benefits and the Credit Reporting Service have been designed for Members
in the United Kingdom only.
7.3 We are constantly seeking new benefits for Members from providers. Accordingly,
the Benefits and the particular services offered within the Credit Reporting Service
are continually changing and we do not and cannot represent or warrant that any
particular Benefits or elements of the Credit Reporting Service will be available
at any particular time. We reserve the right to eliminate, add, change and substitute
Benefits and/or elements of the Credit Reporting Service from time to time without
notice to any or all Members.
7.4 A Member agrees that we are not responsible or liable for any Benefits provided
by providers or for the Credit Reporting Service provided by the Credit Service
Provider and, if a Member has any claims relating:
7.4.1 to Benefits, the Member will make a claim against the relevant provider providing
(or purporting to provide) the relevant Benefit; and
7.4.2 to the Credit Reporting Service, the Member will make a claim against the
Credit Service Provider providing (or purporting to provide) the relevant Credit
Reporting Service.
7.5 Please note that any special offer offered by a provider through whom you may
have enrolled as a Member is the responsibility of that provider, not 'Us'.
7.6 Other than as expressly set out in these Terms and Conditions of Membership,
we make and give no conditions, warranties or other terms, express or implied (including
the conditions or warranties as to satisfactory quality, fitness for purpose) with
respect to any Benefits, to the Credit Reporting Service or in respect of any information
provided to a Member.
7.7 We assume no responsibility for the payment of or contribution to any use or
sales tax on the Benefits (or the Credit Reporting Service) which may be imposed
by taxing authorities, and such taxes, to the extent imposed, shall remain a Member's
sole responsibility or that of the provider of the Benefits or the Credit Reporting
Service, as the case may be.
8. Liability
8.1 This paragraph prevails over all other paragraphs and sets forth our Liability,
and your sole and exclusive remedies in respect of:
a) the performance, non-performance, purported performance or delay in performance
of the contract between 'Us' and the Member; or
b) otherwise in relation to the contract between us and the Member or the entering
into or performance of the contract between us and the Member; or
c) a Member's use of or participation in the Scheme or any Benefits or the Credit
Reporting Service.
8.2 We do not exclude or limit our Liability for things we are not allowed to by
law.
8.3 We do not accept and we exclude any Liability for Breach of Duty other than
any such liability arising under the terms of the contract between the Member and
us or under these terms and conditions.
8.4 We shall have no Liability for: i) loss of revenue; ii) loss of actual or anticipated
profits; iii) loss of contracts; iv) loss of the use of money; v) loss of anticipated
savings; vi) loss of business; vii) loss of opportunity; viii) loss of goodwill;
ix) loss of reputation; x) loss of, damage to or corruption of data; or xi) any
indirect or consequential loss; and such Liability is excluded whether it is foreseeable,
known, foreseen or otherwise. For the avoidance of doubt, sections (i) to (x) inclusive
of the foregoing paragraph are excluded whether such losses are direct, indirect,
consequential or otherwise.
8.5 In this paragraph, "Breach of Duty" means the breach of any; (i) obligation
arising from the express or implied terms of a contract to take reasonable care
or exercise reasonable skill in the performance of the contract or (ii) common law
duty to take reasonable care or exercise reasonable skill and "Liability" means
liability in or for breach of contract, Breach of Duty, misrepresentation, restitution
or any other cause of action whatsoever relating to or arising under or in connection
with the contract between Member and us (or the use of the Scheme website), including,
without limitation, liability expressly provided for or arising by reason of the
invalidity or unenforceability of any provision of these terms and conditions or
the contract between the Member and us (and for the purposes of this definition,
all references to the "contract between the Member and us" shall be deemed to include
any collateral contract).
9. Personal Data & Privacy Policy
9.1 We have taken all steps to ensure security of Your private information and to
prevent unauthorised access to ensure only the appropriate use of information, and
maintain the accuracy of Your data by putting in place all the appropriate physical,
electronic and management protocol to safeguard the information We collect. As the
Internet is not a secure medium of communication, we cannot guarantee the security
of any information You input on this Website or send to Us via the Internet. We
are not, and will not be, responsible for any damages You or others may suffer as
a result of the loss of confidentiality of any such information.
9.2 Messages sent over the Internet cannot be guaranteed to be completely secure
as they are subject to possible interception or loss or possible alteration. 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 via any means.
10. Trade Marks, logos and names
10.1 We are the operator of the Membership and responsible for the production of
the Membership website. All trade marks, product or service names and company names
or logos on that website and on hard copy Membership materials are the property
of their respective owners. We do not give permission in respect of the use of any
such trade marks, brand names, product or service names or titles or copyrights
and such use may constitute an infringement of the owners' rights.
11. Unenforceability
11.1 If any part of these Membership Terms and Conditions or the contract between
the Member and us is unenforceable (including any provision in which we exclude
or limit our liability) the enforceability of any other part will not be affected.
12. Agreement
12.1 These Membership Terms and Conditions, together with our Privacy Policy, set
out the whole of our Agreement relating to the Membership. Nothing said by any sales
person on our behalf should be understood as a variation of these Membership Terms
and Conditions or as an authorised representation about the nature or quality of
the Membership. We shall have no liability for any representation being untrue or
misleading.
12.2 We make no representations or warranties about the accuracy, completeness or
suitability for any purpose of the information, products, services and related graphics
published on the website or in other hard copy materials.
13. Waivers
13.1 Any failure by us to enforce or to exercise at any time or for any period of
time any term of, or any right under, this Agreement does not constitute, and shall
not be construed as, a waiver of that term or right and shall in no way affect our
right later to enforce or to exercise it.
14. Web Links
14.1 The provision by of a link to another Website does not constitute any authorisation
to the user to access material held at that location, nor is it evidence of any
endorsement by us of the material held there, or an endorsement of us by the third
party host site or linked third party. We accept no responsibility or liability
for the privacy of Your personal information on such Websites, as these are beyond
Our control. We will accept no responsibility or liability in respect of any materials
on any Website that is not under our control.
14.2 This Website has been extensively tested and should work properly at all times.
However, if You experience a problem at any time, please return to the homepage
and try again. If the problem persists You can contact Us by following the link
on the 'Contact Us' page.
15. How to contact 'Us'
15.1 PowerMoney, 1 Liverpool Street, London, EC2M 7QD
15.2 We will attend to all Customer Service requests within a maximum of 48 hours
v1.1