Terms & Conditions
Between Mintago Limited and User
Last Modified: 18th October 2021
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 “agreement”, this is a reference to these terms of service.
1.2. These terms of service constitute a legal agreement between you and Mintago. When we use the words “you” or “your” in this agreement, this is a reference to you, as the party agreeing to this agreement. The words “we”, “us, “our” and any other variation of these words is a reference to Mintago.
1.3. These terms of service govern (a) your use of the Platform and (b) all of the services we provide through the Platform
1.4. 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.
1.5. The details of the Third Party Providers are: 1) Plaid Financial Ltd (“Plaid”). Further details can be found in paragraph 12.
2. Acceptance of terms
2.1. You should carefully read and consider these terms and conditions referred to below before you use the Platform. By accessing and using the Platform, you agree to be bound by our terms and conditions and the Third Party Providers’ terms and conditions. If you do not wish to be bound by our terms and conditions or the 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 the terms of our terms and conditions 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 this agreement.
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 this agreement, 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 allow you full opportunity to benefit from 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, as an Agent of Plaid Financial Ltd (Plaid). Plaid is authorised by the Financial Conduct Authority 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. We have teamed up with Plaid (“Open Banking Provider”), to provide you the option to receive account information services from Plaid in order to access your financial information securely and directly from your bank, financial institutions and pension provider account or accounts. 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 required to give explicit consent to the Open Banking Provider 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 the Open Banking Provider will be provided via the Platform ahead of you providing consent. You can withdraw you consent to the Open Banking Provider at any time through the Platform. You should be aware that if you do not consent, or if you withdraw your consent, you will still be able to access the Platform and many of the services offered by it but you may not be able to take full advantage of the services offered through the Platform.
4.3. Please note that you will not be required to share your banking password or log-in details with us or the Open Banking Provider. Once you have given your consent to the Open Banking Provider, you will be directed to your own bank or building society’s log-in page to enter your own details directly.
4.4. We do not have any control over the Open Banking Provider’s products and services and as such cannot have any responsibility or liability for them. You should fully read and understand the Open Banking Provider’s terms and conditions, which will be made available to you, before agreeing to them and providing your consent to the Open Banking Provider.
4.5. Information that you provide us through the Platform could be used, subject to your consent, to locate your existing pensions on your behalf (“Pension Hunter”). To benefit from Pension Hunter, we may ask you to provide additional information about yourself, including information about your existing pensions and your employment history, as well as your authorisations to approach the providers of your existing pensions (either in writing or verbally) 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 government departments, pension providers, your current and past employers and any other person or organisation 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.
4.6. 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 purchased by you).
4.7. 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.
4.8. We make no representations, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete or up-to-date.
4.9. We do not have any responsibility or liability for any Third Party Provider’s products and services. You should fully read and understand each of the Third Party Provider’s terms and conditions.
5. Your Mintago Platform
5.1. To avail of the services we offer, you must first set up a user account with us. To set up a user account with us you must (a) be able to access to the Platform and (b) create a user account on the Platform.
5.2. When you create a user account with us, you will be asked to provide certain personal information. To avail of 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. We will never share personal data with your employer that identifies you, although we may share anonymised grouped data in which your data may be included (but from which you will not be identifiable). 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 this agreement. 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. This may include asking you for further information, ordering a credit report, or verifying information you provide. 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 agree and understand that 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. Following deactivation of your user account, we may continue to maintain and use your personal information subject to, and in accordance with, the provisions of our privacy policy. If you would like for all of your personal information and user account information to be erased, you can notify us at help@mintago.com.
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. Such reasons include, for example: (a) we suspect the security of your user account has been compromised, (b) we suspect you have breached (or you have actually breached) this agreement, or (c) where we suspect criminal behaviour.
5. Your Mintago Platform
5.1. To avail of the services we offer, you must first set up a user account with us. To set up a user account with us you must (a) be able to access to the Platform and (b) create a user account on the Platform.
5.2. When you create a user account with us, you will be asked to provide certain personal information. To avail of 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. We will never share personal data with your employer that identifies you, although we may share anonymised grouped data in which your data may be included (but from which you will not be identifiable). 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 this agreement. 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. This may include asking you for further information, ordering a credit report, or verifying information you provide. 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 agree and understand that 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. Following deactivation of your user account, we may continue to maintain and use your personal information subject to, and in accordance with, the provisions of our privacy policy. If you would like for all of your personal information and user account information to be erased, you can notify us at help@mintago.com.
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. Such reasons include, for example: (a) we suspect the security of your user account has been compromised, (b) we suspect you have breached (or you have actually breached) this agreement, or (c) where we suspect criminal behaviour.
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. Interruptions to the Platform can occur for various reasons including periodic updating, maintenance or repair. 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. for personal purposes only and not for commercial use (i.e. you cannot use the Platform for business purposes);
6.2.3. non-exclusive because other people also access and use the Platform;
6.2.4. revocable because we have the right to remove your access to the Platform in accordance with this Agreement; 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, Trojan horses, worms, time-bombs, keystroke loggers, spyware 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 this agreement 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 this agreement 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. Such reasons include, for example: (a) to comply with legal or regulatory requirements or (b) we suspect the security of the Platform has been compromised.
7. Intellectual Property
7.1. All of the intellectual property in our Platform and all rights in any information that appears on our Platform, save for the personal information you provide to us, including screen displays, content, text, graphics and the selection, arrangement and look & feel of the Platform, belongs to us and our licensors. All trademarks, service marks, company names or logos are the property of us and our licensors. This Agreement 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 this Agreement and our services solely for your private and non-commercial 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 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 this agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this agreement or our failing to use reasonable care and skill. We are not, however, responsible for any loss or damage that is not foreseeable. Loss or damage is reasonably foreseeable if either (a) it is obvious the loss or damage will happen or (b) at the time we both entered into this agreement, we both know the loss or damage might occur.
8.6. The Platform is only available to you for your domestic and private use. If you use the Platform for any commercial, business or re-sale purpose we will have no liability to you.
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 this agreement.
8.8. Nothing in this agreement 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.
8.11. To the maximum extent permitted by law:
8.11.1. the Platform, services, information, data, features, and all content provided by us is offered and made available on an “as is” and “as available” basis; or
8.11.2. we do not warrant the accuracy, reliability, completeness or operation, or continued availability of the Platform, any content on the Platform and/or any related services.
9. Termination
9.1. Subject to the remainder provisions in this section, this agreement 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 this agreement, your right to access your user account and use the Platform will terminate.
9.4. Even after this agreement has terminated, certain provisions of this agreement will continue to remain in effect.
10. Data Protection
10.1. Mintago complies with all UK data protection laws and is committed to ensuring that all personal data which we handle is processed in accordance with 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.
10.3. You acknowledge that Mintago may use, process, and share (including with third parties) for its own purposes, on an anonymised and grouped basis, information provided by you together with any other information, data, material and/or content from other sources. No personal identifiable data is shared with third parties (including your employer) without your consent.
11. Miscellaneous
11.1. If any provision of this agreement 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 this agreement, 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 this agreement (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 this agreement 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. This agreement 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.
12. Third party providers – Further Detail
Plaid
Plaid is an authorised payment institution, authorised by the Financial Conduct Authority (“FCA”) under the Payment Service Regulations 2017 (Firm Registration Number: 804718) for the provision of payment services, including for the provision of regulated account information services (“AIS”).
Mintago is registered as an Agent of Plaid with the FCA (Firm Registration Number: 927534) for the provision of AIS.
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 Mintago 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 Mintago.