Terms & Conditions
Between Mintago Limited and User
Last Modified: 25th January 2024
1. Introduction
1.1 These are the terms of service of Mintago Limited, a company registered in England & Wales (Company no. 12000248) (“Mintago”, “we”, “our”, “us”). When we use the word “terms”, this is a reference to these terms of service.
1.2 These terms constitute a legal agreement between you and Mintago. When we use the words “you” or “your” in these terms, this is a reference to you, as the party agreeing to these terms. The words “we”, “us, “our” and any other variation of these words is a reference to Mintago.
1.3 Mintago operates a financial wellbeing platform that enables its users to access financial wellbeing tools (“Platform”). There are features of the Platform that are provided by companies independent to Mintago (“Third Party Providers”) that have their own terms and conditions you will be required to agree to should those features be accessed.
1.4 These terms govern (a) your use of the Platform and (b) all of the services we provide through the Platform, some of which may not be applicable to you depending on what your Employer has activated for you to get access.
1.5 The details of the Third Party Providers are: 1) Plaid Financial Ltd (“Plaid”). We may update you with further Third Party Providers that we engage from time to time. Further details can be found in paragraphs 4 & 12.
2. Acceptance of terms
2.1 You should carefully read these terms before you use the Platform. By accessing and using the Platform, you agree to be bound by our terms and any Third Party Providers’ terms and conditions. If you do not wish to be bound by our terms or any Third Party Providers’ terms and conditions, you must not access or use the Platform.
2.2 By accessing and using the Platform, you confirm that you (a) you are at least 18 years or older, (b) you are not prohibited as a matter of law from using the Platform and/or the services offered through the Platform and (c) you have read and you understand our terms and the Third Party Providers’ terms and conditions.
2.3 Mintago may at its discretion (a) introduce, amend, replace or terminate the Platform and any service provided by it through the Platform and/or (b) modify these terms and conditions from time to time, by making the modified terms and conditions available on the Platform. The terms of service available on the Platform will always indicate the last date they were modified. When you use the Platform after changes have been made available on the Platform, you are deemed to have accepted the new terms of service and you agree to be bound by the new terms of service, including any changes to these terms.
3. Contact and electronic communications
3.1 We welcome all questions, feedback, including complaints, relating to the Platform and the services we provide. We may be contacted at: enquiries@mintago.com.
3.2 To comply with regulatory requirements binding upon Mintago, in responding to any questions you address to us we shall restrict our answer to statements of identified facts provided to us without advising you on the significance or impact of those facts on your finances, investment or pension decisions or whether to proceed with any of Mintago’s services. We may also point you towards additional sources of information. If you would like advice on your pensions, financial, regulatory, legal, tax or other investment advice or recommendations, please contact an independent financial adviser.
3.3 When you visit the Platform or send emails to us, you are communicating with us electronically. By accepting these terms, you expressly consent to receive communications from us electronically to the extent permissible by law. Your consent does not mean that we must provide all communications electronically.
4. Services
4.1 To fully utilise the services offered through the Platform, we need access to your financial information available from your bank(s), financial institutions and pension providers. We may use this information to give you a picture of your income, savings and expenditure, your saving and lifestyle potential through the Platform and also to remind you of other services available to you through the Platform. We provide these services, which are regulated account information services (“AIS”), as an agent of Plaid Financial Ltd. Plaid is authorised by the Financial Conduct Authority (Firm Registration Number: 927534) as an authorised payment institution with permission to carry out payment services, including account information services. There are various ways through the Platform that you would be able to provide us with your financial information, all of which will be at your full discretion, and can be deleted at anytime. Mintago does not store any bank account details or any account details associated with any financial institution that you choose to add to the Platform.
4.2 You will be engaging with Plaid for the provision of AIS by agreeing to Plaid terms and conditions directly via Plaid-owned screens. You will be entering into an agreement with Plaid for them to provide AIS in their own right and through us as an agent of Plaid. As part of your agreement with Plaid, you will be providing them your consent to share any of your payment account data that Plaid has retrieved with us.
4.3 You will be required to give explicit consent to Plaid accessing your accounts, and where relevant this consent will require renewal every 90 days. You will be prompted through the Platform when your consent is required. Details of Plaid will be provided via the Platform ahead of you providing consent. You can withdraw your consent to Plaid at any time through the Platform. You should be aware that if you do not consent, or if you withdraw your consent, you may not be able to take full advantage of the services offered through the Platform.
4.4 Please note that you will not be required to share your banking password or log-in details with us or Plaid.
4.5 We do not have any control over Plaid’s products and services and as such cannot have any responsibility or liability for them. You should fully read and understand Plaid’s terms and conditions, which will be made available to you, before agreeing to them and providing your consent to Plaid.
4.6 Information that you provide us through the Platform could be used, subject to your consent, to locate your existing pensions on your behalf (our “Pension Hunter” service). To benefit from Pension Hunter, we may ask you to provide additional information about yourself, as well as your authorisations to approach the providers of your existing pensions in your place to obtain relevant information from them. By requesting to use Pension Hunter, you agree to allow us to use this information (including your personal data and any approved form of your signature) to identify you to your existing pension providers upon their request and to find your existing pension savings by contacting third party we believe may help us to locate your pensions. By asking us to locate your pensions, you approve our usage of a standard letter of authority, which may contain an electronic or physical (wet ink) copy of your signature. Subject to your authorisation, we may generate a wet signature from your digitally rendered signature for the purpose of transferring your pension.
4.7 The Platform (a) contains links to third-party websites and services, and (b) may also display content or advertising for third parties and allow the purchase through the Platform of third party products (including financial products) (“Third Party Content”). We have no control over the sites, services, content, advertising or products of a third party. We do not review, recommend, approve, endorse or make any promises with respect to Third Party Content and you access, review Third Party Content at your own risk. Any third party product that you purchase through the Platform is also at your own risk. You should also be aware that when you access and use Third Party Content, or if you purchase third party products, this will be subject to the terms and conditions of the relevant third party (which should be carefully reviewed) and any personal information provided will be subject to the policies and procedures of that third party. We exclude all warranties and all liability for any loss or damage that you incur as a result of Third Party Content (including third party products or services purchased by you).
4.8 We do not, and this Platform is not intended to provide, any legal, tax or financial advice. The content on our Platform is provided for information only, it is not specifically chosen for you or your circumstances and it is not advice on which you should rely. We are not a bank, a financial planner, a broker or a tax adviser. To the extent you use this Platform for any financial services, and before making any financial decisions or implementing any financial strategy, you should obtain advice from your accountant or other appropriately qualified financial adviser.
4.9 If you choose to connect with a financial adviser, which is a third-party service, you are choosing to provide us with your personal information. We collect this information so we can find a financial adviser who can help you with your enquiry and share it with them. Whilst we require all financial advisers to comply with all laws and regulations, we do not have any control over or responsibility for how the financial adviser uses the data you/we provide to them; however they are also subject to Data Protection Laws and are responsible for protecting and using your data appropriately.
4.10 We make no representations, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete or up-to-date.
5. Your Mintago Platform
5.1 To receive the services we offer, you must first set up a user account with us.
5.2 When you create a user account with us, you will be asked to provide certain personal information. To receive the services we offer, if access to the Platform is being paid for by your employer, we may also require your employer to provide certain personal information to us. You agree to us processing your personal data, and to us and, if applicable, your employer sharing relevant information for the purposes set out in these terms. Details about the personal data that we obtain from you, or from third parties and how we use that data is set out in our privacy policy which is found at www.mintago.com/privacy.
5.3 In order to allow you to use certain services on the Platform, we may be required to verify your identity from time to time. You authorise us to make any inquiries we consider necessary to validate your identity. If we cannot verify your identity, we can refuse to allow you to use the Platform. We may keep records of such checks (including information returned to us) in accordance with applicable law.
5.4 You agree to promptly update the information provided to us whenever it is no longer accurate. We are not responsible for Platform-related issues that arise from your failure to provide accurate information and/or to update it.
5.5 You will have a username and password, which will operate together to allow you to access your user account. You are responsible for maintaining the confidentiality of your username and password at all times and you must not share those details with any person. You must notify us immediately at help@mintago.com if you believe that (a) this information (or any of your profile information) has been lost or stolen, or (b) that someone has gained access to your account without your permission, or (c) the security of your account is at risk.
5.6 You can de-activate your user account at any time through the Platform provided that you have no outstanding fees or payments due to us.
5.7 We may terminate, suspend, restrict or block your access to your user account without prejudice to the obligations you owe to us where we reasonably think it is necessary or we believe there is a legitimate reason to do so.
6. Use of the Platform
6.1 We do not guarantee that the Platform, or any content on it, will always be available or uninterrupted. We shall have no liability where you are unable to access and use the Platform.
6.2 Your right to access and use the Platform and the services provided through the Platform is:
6.2.1 personal to you and is not transferable by you to any other person or entity;
6.2.2 not for commercial/business use;
6.2.3 non-exclusive;
6.2.4 revocable in accordance with these terms; and
6.2.5 is limited as set out in the terms and conditions.
6.3 You confirm that you will only use the Platform for lawful purposes and that you will not:
6.3.1 use the Platform to knowingly transmit or upload any material that contains viruses or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software;
6.3.2 licence, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Platform or any of its content;
6.3.3 attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Platform; or
6.3.4 access the Platform in order to build a similar or competitive platform or service.
6.4 If we believe, in our sole discretion, that you may have engaged in any activities restricted by these terms or by law, we may take various actions to protect us, other users and other third parties, including by (a) holding you liable to us for the amount of damages caused, (b) taking legal action against you, and/or (c) disclosure of relevant information to law enforcement authorities as we feel appropriate or required by law. These rights operates without prejudice to any other rights available to us under these terms and at law.
6.5 We reserve the right at any time to modify or discontinue, temporarily or permanently, the Platform or any of the services provided through the Platform with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Platform or services.
6.6 We may terminate, suspend, restrict or block your access to the Platform without prejudice to the obligations you owe to us where we reasonably think it is necessary or because we believe there is a legitimate reason to do so.
7. Intellectual Property
7.1 All of the intellectual property in and on our Platform and all rights in any information that appears on our Platform, save for the personal information you provide to us, belongs to us and our licensors. These terms or use of the Platform does not transfer to you any ownership or interest in or to such intellectual property rights and any use by you of these rights may constitute an infringement of our rights or of the rights of third parties.
7.2 You are granted a limited right to use the Platform on any devices which are under your control to the extent necessary for use of our Platform for the duration of our services solely for your private purposes.
7.3 You may not reproduce, republish, transmit or distribute any material, information or content on our Platform, or that forms part of our services, without our prior written consent.
7.4 We reserve the right, in our sole discretion and without notice to you, to terminate your licence and to prevent future access by you to our Platform.
7.5 If you provide us with any feedback or suggestions regarding the Platform (the “Feedback”), you hereby transfer to us all of the rights in such Feedback. You also agree that we shall have the right (and we shall not be obliged) to use and fully exploit such Feedback in any manner that we consider appropriate and you shall not be entitled to any compensation or remuneration for such Feedback.
8. Liability
8.1 While we take all reasonable precautions to keep the Platform and any applicable server free from viruses, corrupt files and other malicious software, we cannot guarantee this. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any content on it, or on any website linked to it. You should ensure that you have appropriate anti-virus software installed on any computer or mobile devices that you use to access the Platform.
8.2 In relation to our Pension Hunter service, we cannot promise that we will be able to locate any or all of your pensions. While we will always take reasonable measures to ensure the accuracy of the information we provide you, we are unable to guarantee the accuracy of information from third parties provided in relation to your existing pensions. We do not accept liability for any default or mistakes by any third party who has provided us information about your pensions or resulting mistakes or inaccuracies.
8.3 We rely on third parties over which we have no control in the delivery of the services. We are not responsible or liable for circumstances that we have not caused and that are outside of our reasonable control including where we have relied on third parties.
8.4 We will not be responsible for any loss or damage incurred as a result of:
8.4.1 the actions you take, or any omission/in-action by you, following the use of the Platform;
8.4.2 your reliance or use of the content of the Platform, whether express or implied
8.4.3 any inaccuracy of the content of the Platform, whether express or implied;
8.4.4 unauthorised access to your user account, including where you fail to comply with these terms and conditions.
8.5 Subject to the remainder of this paragraph and paragraph 8.8, if we fail to comply with these terms, we are only responsible for loss or damage you suffer that is a direct and foreseeable result of our breaching these terms. We are not, however, responsible for any loss or damage that is not foreseeable or is indirect.
8.6 If you use the Platform for any commercial, business or re-sale purpose we will have no liability to you whatsoever.
8.7 We will not be responsible for any loss or damage incurred as a result of unauthorised access to your user account which is not within our reasonable control, including where you fail to comply with these terms.
8.8 Nothing in these terms shall limit or exclude our liability for (a) death or personal injury resulting from our negligence, (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by English law.
8.9 If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either opt to repair the damage or pay you compensation that is, at our option, sufficient either to repair the damage or to provide an equivalent replacement device.
8.10 Other contract terms, including exclusions and limitations on liability may apply if you apply for specific products. Where this is the case, these will be set out in the terms and conditions which are specific to the products or services you apply for. Where applicable, you will be required to agree to those contract terms prior to availing of the product and/or service.
9. Termination
9.1 Subject to the remainder provisions in this section, these terms will remain in full force and effect while you use the Platform and have any outstanding amounts payable to us.
9.2 We, in our sole discretion, reserve the right to suspend or terminate your right to use the Platform (including your user account) for any reason and at any time, with or without notice to you.
9.3 Upon termination of these terms, your right to access your user account and use the Platform will terminate.
9.4 Even after these terms has terminated, certain provisions of these terms will continue to remain in effect.
10. Data Protection
10.1 Mintago complies with all UK data protection laws and has legally compliant standards of data protection and data security.
10.2 You confirm your understanding that Mintago may collect personal data for its own purposes and/or for the purpose of providing services through the Platform. You further confirm that you are responsible for ensuring that personal data remains current and correct. Where you fail to keep your personal data current and correct, and we rely upon such outdated or incorrect personal data to provide services to you through the Platform, you agree to indemnify and hold us harmless from any losses, damages, or liabilities from such reliance, irrespective of the source of personal data. Further details regarding Mintago’s use of personal data are set out in our privacy policy, a copy of which (as updated from time to time) may be found at www.mintago.com/privacy.
11. Miscellaneous
11.1 If any provision of these terms is held invalid or unenforceable for any reason, the remainder of these terms shall continue in full force and effect as if the invalid or unenforceable part has been severed.
11.2 The waiver of a breach of these terms, or the failure or delay by us to exercise any right in respect of such breach, shall not constitute a waiver of any other breach of these terms (whether or not similar in nature) or operate as waiver of any other right or remedy available to us.
11.3 We may assign or transfer our rights and obligations under these terms to another person – for example, this could include another member of our group of companies or a person who buys our business. We will tell you if this happens.
11.4 These terms shall be governed and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to determine the interpretation and application of these conditions if a dispute arises. However, if you are resident in Scotland, you may also bring proceedings in the courts of Scotland and if you are resident in Northern Ireland, you may also bring proceedings in the courts of Northern Ireland.
SCHEDULE 1
MINTAGO BENEFITS SPECIAL TERMS AND CONDITIONS
12. Introduction
12.1 In the event that your Employer has included the Mintago Benefits app (“MB App”), the following terms and conditions shall apply.
12.2 These terms and conditions apply between you and Mintago Limited. Please read these terms and conditions carefully. Your agreement to comply with and be bound by these terms and conditions will be considered effective when you first use of the MB App. If you do not agree to be bound by these terms and conditions, you should stop using the MB App immediately.
12.3 You must be at least 18 years of age to use this MB App. By using the MB App and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
13. Intellectual property and acceptable use
13.1 All Content included on the MB App, unless uploaded by you, is the property of Mintago, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this MB App, including any such content uploaded by you. By continuing to use the MB App you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
13.2 You may, for your own personal, non-commercial use only, retrieve, display and view the Content on a computer screen.
13.3 You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Mintago.
14. Prohibited Use
14.1 You may not use the MB App for any of the following purposes:
14.1.1 in any way which causes, or may cause, damage to the MB App or interferes with any other person’s use or enjoyment of the MB App;
14.1.2 in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
14.1.3 making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
15. Registration
15.1 You must ensure that the details provided by you on registration or at any time are correct and complete.
15.2 You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
15.3 We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
15.4 You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the MB App. Cancellation or suspension of your registration does not affect any statutory rights.
16. Password and security
16.1 When you register on this MB App, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
16.2 If we have reason to believe that there is or is likely to be any misuse of the MB App or breach of security, we may require you to change your password or suspend your account.
17. Privacy Policy and Cookies Policy
17.1 Use of the MB App is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: www.mintago.com/privacy
18. Availability of the MB App and disclaimers
18.1 Any online facilities, tools, services or information that Mintago makes available through the MB App (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Mintago is under no obligation to update information on the MB App.
18.2 Whilst Mintago uses reasonable endeavours to ensure that the MB App is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and you shall take responsibility for your own security, that of your personal details and your computers.
18.3 Mintago accepts no liability for any disruption or non-availability of the MB App.
18.4 Mintago reserves the right to alter, suspend or discontinue any part (or the whole of) the MB App including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the MB App unless it is expressly stated otherwise.
19. Limitation of liability
19.1 Nothing in these terms and conditions will:
19.1.1 limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable;
19.1.2 limit or exclude our or your liability for fraud or fraudulent misrepresentation; or
19.1.3 limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
19.2 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
19.3 To the maximum extent permitted by law, Mintago accepts no liability for any of the following:
19.3.1 any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
19.3.2 loss or corruption of any data, database or software;
19.3.3 any special, indirect or consequential loss or damage.
20. General
20.1 You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
20.2 These terms and conditions may be varied by us from time to time. Such revised terms will apply to the MB App from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
20.3 These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
20.4 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
20.5 If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
20.6 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
20.7 These terms and conditions shall be governed by and interpreted according to the law of England and Wales and all disputes arising under these terms and conditions (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.