This document sets out the terms and conditions for both TransUnion International UK Limited and Credit Confidential®. It is advised that you take your time and read both sets of terms and conditions.
The first section of this document sets out the terms and conditions for TransUnion International UK Limited, the second section for Credit Confidential®.
As a member you must agree to be bound by the terms and conditions of TransUnion International UK Limited and to access credit reports/information by the terms and conditions of Credit Confidential®.
TERMS AND CONDITIONS (CREDIT REPORTING SERVICES)
These terms and conditions relate to the credit reporting services and use of the https://www.creditconfidential.com website by Adaptive Affinity Limited and Credit Confidential customers. The credit reporting services are described in paragraph 4.
TransUnion International UK Limited will be providing the credit reporting services to you. Our company name is TransUnion International UK Limited, our company number is 3961870 and our registered office is at One Park Lane, Leeds, West Yorkshire, LS3 1EP.
TransUnion International UK Limited uses its group company TransUnion International UK Limited, which is a credit reference agency, to provide some elements of the services. TransUnion International UK Limited’s company number is 3961870 and the registered office is One Park Lane, Leeds, West Yorkshire, LS3 1EP. TransUnion International UK Limited is authorised and regulated by the Financial Conduct Authority under number 737740.
In these terms and conditions, "we", "us" and "our" refers to TransUnion International UK Limited, and "you" and "your" refers to the user of the website.
The source of County Court Judgment (CCJ) data is TransUnion International UK Limited.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AND SIGNING UP FOR THE CREDIT REPORTING SERVICES AS THEY CONTAIN LEGAL RIGHTS AND OBLIGATIONS
1. OUR CONTRACT WITH YOU
1.1. These are the terms and conditions which apply to your use of the https://www.creditconfidential.com website and are also those on which we supply the credit reporting services to you. These terms form a contractual relationship between us and you Adaptive Affinity Limited is not a party to this contract.
1.2. If you have applied to receive other products or services from Adaptive Affinity Limited then those other products or services will be provided on separate terms and conditions between you Adaptive Affinity Limited and we cannot be held responsible for the content of such services.
2. CHANGES TO THESE TERMS AND CONDITIONS OR THE CREDIT REPORTING SERVICES
2.1. We may change these terms and conditions or the credit reporting services at any time. If we do this we will put the new terms and conditions or details of the changes to the credit reporting services on the https://www.creditconfidential.com website. The changes will take effect when they are posted on the https://www.creditconfidential.com website.
2.2. If you don’t want to continue to be registered on the https://www.creditconfidential.com website or to continue to get the credit reporting services then you can cancel your registration/membership by letting us know in writing by e-mail to firstname.lastname@example.org.
3.1. Before you can use any credit reporting services you must apply to register on the https://www.creditconfidential.com website.
3.2. After we have received your application for any credit reporting services we will review it and let you know as soon as we can whether you have been accepted as a user of those credit reporting services. Please note that not everyone that applies for the credit reporting services will be accepted as a user.
3.3. We do not have to notify you why you have not been accepted but one reason for this may be that, at the time you make your application, we may have been unable to match your personal details to the correct credit report.
3.4. You may only register for the https://www.creditconfidential.com website and use the credit reporting services if you are:
3.4.1. Over 18 years of age;
3.4.2. A Adaptive Affinity Limited and Credit Confidential customer;
3.4.3. Resident in the United Kingdom.
By registering on the https://www.creditconfidential.com website and making the application to use the credit reporting services you confirm that you meet these requirements.
3.5. You may only use and access the credit reporting services on your own behalf and not on behalf of anyone else. You should be aware that you cannot order credit information about anyone else from this website.
3.6. Once we have received your application for the credit reporting services we will send you an automated acknowledgement. This is purely for acknowledgement purposes and is not an agreement from us to provide you with the credit reporting services or any other service.
4. CREDIT REPORTING SERVICES
PLEASE READ THIS PARAGRAPH CAREFULLY AS IT EXPLAINS WHAT THE CREDIT REPORTING SERVICES ARE AND WHAT EXCLUSIONS APPLY
4.1. Once we accept your application for the credit reporting services, we agree to provide the following services to you under these terms and conditions
4.1.1. Credit Report
We will provide a credit report to you online. The credit report will be updated daily.
4.1.2. Credit Score
We will provide your most recent credit score to you. Your credit score is an indicator of how good your credit history and likelihood of getting credit is. This will be made available to you online and will be updated monthly.
4.1.3. Credit Rating
We will carry out an assessment of your credit rating based on the information that we hold about you. This rating will be available to you online and will be based on your history of borrowing and repayment.
If there are any alerts on your file, we will send an email to the email address saved on your account. It is your responsibility to ensure the email address we hold for you is up to date. The email will contain details of any alerts that have been triggered on your credit report. If no alerts have been triggered we will not send you an email. However, we will send you an email on a monthly basis to confirm that we are continuing to monitor your file and that no alerts have been received in this period.
If you receive an email notifying you of any alerts on your file you should log into your account to obtain further detail of the alert. On logging in to your account, you will be able to view further details of the alert. It is your responsibility to log into your account to get further detail of the alert.
The Alerts service is a notification only service. You are responsible for taking action in relation to the alert and logging into your account to get further detail of the alert. We will not take any action other than notifying the alert to you.
You should not rely solely on the Alerts service to ensure that your credit report is up to date. It is your responsibility to regularly check your credit report to ensure that the information recorded in it is accurate and up to date.
4.2. Once you have applied for the additional credit reporting services, been accepted, and paid any applicable fees, you will be given immediate access to the relevant credit reporting services on the https://www.creditconfidential.com website and you will start to receive those services immediately. You acknowledge and request that the credit reporting services will be provided before the expiry of the 14 day cancellation period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (but this does not affect your rights to cancellation and a refund under those regulations: please see paragraph 6.3 below).
4.3. Whilst we will try to make sure that the https://www.creditconfidential.com website is available for use as much as possible we cannot guarantee its availability. You will appreciate that we need to take it down from time to time for maintenance. We will try to do this at times when we are expecting low usage but cannot guarantee that this will be the case. No software provider can fully guarantee that its website and/or content is completely virus and bug free, but you should be aware that we are committed to trying to make the credit reporting services as virus and bug free as we can. You should therefore use virus checking software.
4.4. It is important to us that the information we supply to you is as accurate as possible and we use our reasonable efforts to verify its accuracy. We cannot guarantee that it is completely accurate, however. Also, as you will appreciate some of this information comes from other businesses, who get the information from other sources themselves such as the electoral roll, insurance companies or financial institutions. Neither we nor any other third parties used to provide the credit reporting services have any control over the content of such information and are not responsible if it turns out to be inaccurate.
4.5. For us to be able to provide the credit reporting services to you we need to obtain your credit report information held in TransUnion International UK Limited’s credit reference database. By applying for the credit reporting services you agree that we can use your credit report information in this way.
4.6. You will appreciate that whilst some of the credit reporting services will provide information to you this is provided for your guidance and information only. Any businesses who carry out credit searches on you will take information from a number of sources and use their own criteria in making decisions based on it. You should not rely on the information we provide to you and we cannot be responsible or liable to you if you do rely on it or take any action based upon it.
5. PRICE OF THE CREDIT REPORTING SERVICES
5.1. We will not charge you for providing the credit reporting services to you unless paragraphs 5.2, 5.3 or 5.4 below apply.
5.2. The credit reporting services are only available to you under these terms and conditions for such time as you are a Adaptive Affinity Limited and Credit Confidential customer. If for any reason you cease to be a Adaptive Affinity Limited and Credit Confidential customer then you may register to continue to receive the credit reporting services, but this may require you to (i) pay our standard applicable fees for those services, and (ii) agree to any additional terms and conditions applicable to those services, each as detailed on our https://www.creditconfidential.com website at the time of subscribing. Access to the credit reporting services will then be through our https://www.creditconfidential.com website.
5.3. From time to time we may email you with details of certain promotions we are willing to make available to you. These promotional offers are personal to you and may not be shared with third parties. If you attempt to use a promotional code that was not sent to you, then we reserve the right to charge you the full price for the service you have requested.
5.4. If you have been offered products or services as part of a particular promotion, then:
5.4.1. You will receive those products or services for the period of time and at the price stated within the promotion; and
5.4.2. Once the time period specific in the promotion has ended, your right to access the products or services at the promotional rates will expire. You may then enter into a new agreement with us to buy the relevant products or services at the prices set out on the https://www.creditconfidential.com website.
6. DURATION OF CREDIT REPORTING SERVICES AND YOUR RIGHT OF CANCELLATION
6.1. We will automatically continue to provide the credit reporting services until they are cancelled in one of the ways set out below.
6.2. If you no longer wish to receive the credit reporting services you may tell us to cancel them by sending a request to email@example.com. We will administer this change within a reasonable time. If you tell us that cancellation is a matter of urgency (e.g. if you think that someone has got access to your password) we will do our best to cancel your registration immediately. You may use the model cancellation form available here but it is not obligatory.
6.3. If you tell us (in accordance with paragraph 6.2) that you wish to cancel the credit reporting services within 14 days after the day on which we accepted your application for those credit reporting services, you are entitled to a refund of the amounts you have paid for those services less an amount in proportion to the period of service you have received at the time we are informed of your decision to cancel. To meet this cancellation deadline, it is sufficient for you to send your cancellation email before the 14 day cancellation period has expired. We will pay the refund without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel. The refund will be paid using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.
6.4. We may cancel your registration on the https://www.creditconfidential.com website and cancel your receipt of any of the credit reporting services:
6.4.1. because of your misuse of the credit reporting services. Misuse of the credit reporting services means use of the credit reporting services in a way which is not permitted by these terms and conditions or there is fraud; or reasonable grounds to suspect fraud; or
6.4.2. if we stop providing the credit reporting services or the https://www.creditconfidential.com website. We regret that if we withdraw part or all of the credit reporting services we cannot be responsible for any costs or losses you incur, but we will return any fees you have paid for the remaining part of the year for any services for which you have paid; or
6.4.3. if you do not access your account on the https://www.creditconfidential.com website for more than six months.
6.4.4. if any payment that you owe us is declined, rejected or reversed.
6.5. We may also cancel your receipt of any of the credit reporting services if (i) you have ceased to be a Adaptive Affinity Limited and Credit Confidential customer or (ii) our agreement with Adaptive Affinity Limited comes to an end (unless we have made arrangements with Adaptive Affinity Limited to continue to provide the credit reporting services to you for a certain period after the termination of that agreement, in which case we will continue to provide you with the credit reporting services for that period).
6.6. Except as set out in paragraphs 6.3 and 6.4.2, you are not entitled to any refund of any amounts you have paid for any credit reporting services as a result of a cancellation of those services.
7.1. Your right to access the https://www.creditconfidential.com website and the credit reporting services is personal to you. You must not allow any other person to have access to your account on the https://www.creditconfidential.com website or the credit reporting services using your username and password. You must keep your username and password confidential.
7.2. We reserve the right to suspend your access to the https://www.creditconfidential.com website and the credit reporting services if at any time we consider that there is or is likely to be a breach of security or your use of the https://www.creditconfidential.com website is in any way detrimental to us or anyone else.
7.3. We reserve the right to require you to change any or all of the passwords used by you in connection with the https://www.creditconfidential.com website and/or the credit reporting services.
7.4 You should contact us immediately if you believe that there is a security issue associated with your account.
8. COPYRIGHT, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
8.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the https://www.creditconfidential.com website and credit reporting services and all aspects of them are owned by us, those businesses who provide services to us as part of the credit reporting services (or their licensors) or those businesses who are providing the vouchers and special offers.
8.2. You may take reasonable copies of the information or reports provided as part of the credit reporting services solely for your own personal use. You may not use it on a commercial basis or provide it to anyone else. You may not sell it on, republish it, redistribute it, copy (except as permitted above) or adapt it.
9. OUR LIABILITY TO YOU
PLEASE READ THIS PARAGRAPH CAREFULLY AS IT EXPLAINS WHAT LIABILITY WE HAVE TO YOU AND WHAT EXCLUSIONS APPLY
9.1. There are certain things which we agree we will not exclude or limit our liability to you for. These are:
9.1.1. Liability for death or personal injury caused by negligence;
9.1.2. Fraud or fraudulent misrepresentation; or
9.1.3. Any other liability which we cannot limit or exclude under law.
9.2. Nothing in these terms and conditions affects any statutory rights you may have as a consumer.
9.3. Subject to paragraph 9.4 below, if we breach these terms and conditions or are negligent in providing the credit reporting services we will only be responsible for loss or damage that you suffer which is foreseeable; i.e. which is a likely result of our breach or negligence in providing the credit reporting services. If the loss or damage is not foreseeable we cannot be responsible for it.
9.4. We are not liable for business losses: We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profits, loss of or damage to reputation, loss of contracts, loss of opportunity, loss of business, loss or depletion of goodwill, increased overheads or administration expenses, management time, loss of savings.
11. HOW TO CONTACT US
11.1. General enquiries: In the event that there is an unexpected result in your credit report or you feel that the information is not correct, you should contact us to raise a query by using the online process which can be accessed via your credit report. This will raise a dispute with the credit reference agency run by TransUnion International UK Limited.
11.2. Complaints: If you have any questions or complaints in respect of the credit reporting services, please contact our Customer Services team at firstname.lastname@example.org and 0333 344 1785. You can find our customer complaints policy at https://www.creditconfidential.com/FAQ?anchorId=c. If your query is about the data that TransUnion International UK Limited holds, we may refer your query or dispute to TransUnion International UK Limited. TransUnion International UK Limited's complaints policy is at: https://www.transunion.co.uk/legal-information/bureau-privacy-notice#WHOYOUCANCOMPLAINTOIFYOUAREUNHAPPYABOUTTHEUSEOFYOURPERSONALDATA
11.3. Complaint Resolution: We have a complaint-handling process, which includes alternative dispute resolution (a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court). If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Financial Ombudsman Services. Financial Ombudsman Services will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. The contact details for the Financial Ombudsman Service are:
The Financial Ombudsman Service
Harbour Exchange Square
Isle of Dogs
Tel: 0800 023 4 567 or 0300 123 9 123
Online Dispute Resolution Platform: You may also complain using the European Commission’s Online Dispute Resolution platform. This is an online facility designed to help consumers to resolve complaints they have, where they have bought goods and services online. This platform can be accessed via the following link: https://webgate.ec.europa.eu/odr.
12. SUMMARY OF YOUR LEGAL RIGHTS
12.1. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms and conditions will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
In relation to services, the Consumer Rights Act 2015 says:
- You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
- If you haven't agreed a price upfront, what you're asked to pay must be reasonable.
- If you haven't agreed a time upfront, it must be carried out within a reasonable time.
13. HYPERLINKS TO OTHER WEBSITES
14.1. We shall be under no liability for any delay or failure to deliver the credit reporting services or otherwise perform any obligation under these terms and conditions if the delay or failure is caused by circumstances beyond our reasonable control.
14.2. If any portion of these terms and conditions is held by any competent authority (such as a court) to be invalid or unenforceable (either wholly or in part) the validity or enforceability of the other portions of these terms and conditions shall not be affected.
14.3. These terms and conditions do not give any rights to anyone who is not a party to them.
14.4. These terms and conditions and your use of the https://www.creditconfidential.com website and credit reporting services shall be governed by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the courts of England and Wales in relation to any disputes arising out of or in connection those matters. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
14.5. You are entitled to request a paper copy of these terms and conditions from us. If you wish to receive a paper copy you should send an email making the request to email@example.com.
TERMS OF MEMBERSHIP FOR THE Credit Confidential®
MEMBERSHIP PROGRAMME ("AGREEMENT")
The following text sets out the terms and conditions under which we supply services to members of the Credit Confidential® membership programme. Any enrolment to the membership programme is on the following terms and conditions.
When we say "we", "our" or "us" in these terms and conditions, we mean the provider of the membership programme as detailed below
If you have any questions, please call our customer service advisors on 0333 344 1785 or write to Credit Confidential®, Wisteria Grange Barn, Pikes End, Pinner, HA5 2EX.
1. WHO YOU ARE AND GENERAL NOTICES TO YOU
1.1 You are a potential/actual member of the membership programme (called the "Scheme") as described in this document. If you enrol in the Scheme (called "Membership") you will become a member of the Scheme (called a "Member").
1.2 Importantly, a Member must be a human person who is:
1.2.1 An adult (i.e. aged 18 and over)
1.3 Only those Members that are over the age of 18 will be able to access their credit reports and/or credit information. A person who does not qualify as described in clause 1.2, is prohibited from becoming or being a Member. Any person who becomes a Member (or purports to do so), makes a statement, upon which we are entitled to rely, that that person is aged 18 years or older.
1.4 A person may not become a Member unless they are based in the United Kingdom (this does not include the Channel Islands or the Isle of Man, as this is the area we do not service). A Member must have a postal address in the United Kingdom. Any person becoming a Member makes a statement, upon which we are entitled to rely, that that person is, and will continue to be, based in the United Kingdom and that that person will supply a postal address in the United Kingdom.
1.5 All general notices from us will be sent by email or letter to Members.
2. OFFER DETAILS
2.1 You accept the offer details that are as follows:
2.1.1 When you sign up to the Scheme as a new Member you will automatically receive a free trial ("Trial Period");
2.1.2 After the Trial Period, membership is charged monthly at the agreed upon rate as disclosed on the enrolment website or in the sales call and sign up page (the "Membership Fee") and by joining this Scheme you agree that you will be liable to pay the Membership Fee as long as you remain a Member;
2.1.3 To ensure continuous service at the end of the trial period your Membership Fee will be automatically charged on or about the same date each month to the card details which you have specifically provided for this purpose when you signed up to be a member, and by joining this Scheme you agree to give us permission to do so, unless you terminate your membership in accordance with section 7 below.
3. MEMBER BENEFITS
CREDIT REPORTS AND CREDIT INFORMATION SERVICE
3.1 A Member is entitled to access the credit service supplied by TransUnion International UK Limited (whose registered office is at One Park Lane, Leeds, West Yorkshire, LS3 1EP registered number 3961870, FCA registration number 737743 (the "Credit Reports and Credit Information Service Provider") (and the details of that credit service are set out on the Scheme website or in the Credit Reports and Credit Information Service Provider's own end user agreement (the "Credit Reports and Credit Information Service Provider"), provided that:
3.1.1 The Member accepts the Credit Reports and Credit Information Service Provider's own end user agreement before first use of the Credit Reports and Credit Information Service - and that end user agreement forms a contract between the Member and the Credit Reports and Credit Information Service Provider;
3.1.2 The Credit Reports and Credit Information 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 Reports and Credit Information Service Provider;
3.1.3 The Credit Reports and Credit Information Service Provider accepts the Member as a person eligible to receive the Credit Reports and Credit Information Service, which is at the absolute sole discretion of the Credit Reports and Credit Information Service Provider;
3.1.4 The Member first properly registers on the Credit Reports and Credit Information Service Provider's website; and
3.1.5 The Member complies at all times with the Credit Reports and Credit Information Service Provider's own end user agreement. Breach of the Credit Reports and Credit Information Service Provider's own end user agreement may terminate entitlement to receive the Credit Reports and Credit Information Service.
3.1.6 Members should note that the terms of the Credit Reports and Credit Information Service Provider's own end user agreement permit the Credit Reports and Credit Information Service Provider to suspend or terminate the Credit Reports and Credit Information Service under the circumstances listed in the Credit Reports and Credit Information Service Provider's own end user agreement.
3.2 A Member may be entitled to access other benefits on certain products and services offered by vendors/providers participating in the Scheme (and we call these other benefits, “Benefits”). Benefits are set out on the Scheme website, although some Benefits may not be available in all areas. Please see below for the limitations.
3.3 Any products or services purchased (taking into account Benefits or otherwise) must be purchased directly from the product or service vendors/providers. We do not supply, offer or charge for products or services (other than Membership which is a service which provides access to information, offers and promotions in respect of those products and services of third party vendors/providers).
4. ACCEPTANCE AND TERM OF MEMBERSHIP
4.1 You (or a Member) indicate acceptance of these Terms of Membership and agreement to pay the relevant charges by verbally indicating affirmative consent to join the Scheme, or by clicking the "Submit" (or its equivalent) button on the Scheme enrolment page or by otherwise using the Scheme's website (or verbal consent is given). Once this affirmative consent is otherwise given there is a legally binding contract between the Member and us in the terms of these Terms of Membership (i.e. this Agreement).
4.2 Membership starts from the earlier of a) the time we notify you of your Membership number and b) the time you provide affirmative consent to join the Scheme.
4.3 Membership lasts until your Membership terminates as detailed in section 7.
5. MEMBERSHIP RULES
5.1 Membership is non-transferable.
5.2 Membership cannot be used by persons other than the Member.
5.3 You shall ensure that no other persons have access to your Member details.
5.4 Other persons in the same household shall not access the Scheme, the Benefits or the Credit Reports and Credit Information Service using the identity of the Member and the Member shall be responsible to ensure this is upheld and observed.
5.5 Benefits, access to, and information from, the Credit Reports and Credit Information Service are not for resale.
5.6 A Member must promptly notify us on becoming aware of any unauthorised use of the Membership number or if the Membership number is lost or stolen.
5.7 If a Member is offered the opportunity to claim a gift in connection with enrolment in the Scheme, this is limited to one gift per Member and, depending upon the offer agreed to, a Member claiming this gift will be required to be an active member of the Scheme at the time the gift claim is processed. An Active Member is a Member that has successfully registered to the Scheme and has not at the time they claim the gift, cancelled their Membership.
5.8 The Benefits and the Credit Reports and Credit Information Service have been designed for Members in the United Kingdom only (and in certain cases within certain regions of the United Kingdom. this does not include the Channel Islands or the Isle of Man, as this is the area we do not service). Not all Benefits (or the Credit Reports and Credit Information Service) will be available therefore to all Members.
5.9 We may be constantly seeking new benefits for Members from providers. Accordingly, the Benefits and the particular services offered within the Credit Reports and Credit Information Service are continually changing and we do not and cannot represent or warrant that any particular Benefits or elements of the Credit Reports and Credit Information 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 Reports and Credit Information Service from time to time without notice to any or all Members.
5.10 A Member agrees that We are not responsible or liable for any Benefits provided by providers or for the Credit Reports and Credit Information Service provided by TransUnion International UK Limited, the Credit Reports and Credit information Service Provider and, if a Member has any claims relating to Benefits, the Member will make a claim against the relevant provider providing (or purporting to provide) the relevant Benefit; and
5.11 to the Credit Reports and Credit Information Service, the Member will make a claim against the Credit Reports and Credit Information Service Provider providing (or purporting to provide) the relevant Credit Reports and Credit Information Service.
6. MEMBERSHIP RENEWAL
6.1 Unless a Member notifies us he/she wishes to terminate this Agreement (i.e. cancelling Membership) by following the instructions in section 7, that Member's Membership will be renewed automatically and that Member will continue to be charged the Membership Fee and (where applicable) any other fees pursuant to clause 8.3 of these terms, which will appear on that Member's next billing statement.
6.2 The description 'Credit Confidential®, Pinner' will appear on your card statement against each payment each month.
7. TERMINATION OF MEMBERSHIP AND RIGHTS TO CANCEL
7.1 A Member may terminate this Agreement (i.e. cancel Membership) at any time by:
7.1.1 Emailing us or calling us on the telephone number listed on the Scheme website; or
7.1.2 By notifying us in writing at: Credit Confidential®, Wisteria Grange Barn, Pikes End, Pinner, HA5 2EX.
7.1.3 Using the "Contact Us" page on the Credit Confidential® website to cancel the Membership.
7.2 You have the right to cancel this Agreement, for any reason, within 14 days from the day after you entered into this Agreement with us (‘the cooling off period’). To exercise the right to cancel under this section, you must inform us of your decision to cancel this Agreement by a clear statement in writing (e.g. a letter sent by post or email), you may use the Model Cancellation Form Template set at the end of these terms and conditions to do this, but this is not obligatory.
7.3 We reserve the right to terminate this Agreement (i.e. cancel Membership) at any time and for any reason. If we do this, we will re-credit to the relevant Member's account any sum deducted by us from the Member's credit card/debit card in respect of any period of Membership for which the Member has paid but which the Member will not benefit from because we have terminated this Agreement (pro rata if necessary in respect of time and payment). We will do this as soon as possible but in any event within 30 days of termination. We will not be obliged to offer any additional compensation for disappointment suffered or otherwise.
7.4 Termination of this Agreement (and cancellation of Membership) will be effective within 1 business day (in London, UK) of the receipt by us of the Member's cancellation request or our notice to the Member.
7.5 On termination:
7.5.1 If the termination is within the Trial Period (as to which please see clause 8.2 below), then no Membership Fees will have been payable and no Membership Fees will be payable by the Member;
7.5.2 If the termination is at any time after the Trial Period, then the Member will not owe any further Membership Fees other than what has already become payable (and the Member will not be entitled to refund of any past fees charged to the Member's account); and
7.5.3 Entitlement to access, make use of or benefit from, the Membership Programme (including the Credit Reports and Credit Information Service) shall cease.
7.5.4 If you cancel this Agreement using your rights as per clause 7.2 then we will reimburse all payments taken from you, unless you have used the service, or have requested that the service start before the expiry of the 14 days period, then we shall deduct an amount that is in proportion to what has been performed from the Monthly Membership Fee charged until you have communicated your cancellation from this Agreement to us.
8. MEMBERSHIP FEES AND CONTINUOUS PAYMENT AUTHORITY
8.1 When signing up to be a Member, you provide us with a continuous payment authority ("CPA") so that we can collect repayments automatically from your bank account using the debit/Credit card you nominate for this purpose.
8.2 A Member is entitled to a trial period, details of which are set out (depending upon the sign up method used by the Member) in the Welcome Pack sent to a Member by post, listed on the relevant website and/or shown or notified to the Member when they are presented with details of the Scheme (the "Trial Period"). A Member can cancel Membership at any time during the Trial Period and will owe us nothing.
8.3 After the Trial Period, a Membership fee ("Fee") as specified in information about the Scheme, shall be payable in advance, and will be automatically collected by use of Continuous payment authority ("CPA") to the billing source authorised by the Member until such time as the member cancels their membership.
8.4 If the attempt for the Membership Fee at the end of the Trial Period or at Renewal is unsuccessful we shall use the CPA to make 6 further attempts in a period of 30 days beginning the day after the date that the Membership Fee for that month became due.
8.5 Throughout the period referred to in clause 8.4 your access to the Service may be suspended pending receipt of the Membership Fee.
8.6 To cancel this CPA you may contact your bank directly. Alternatively, you may ask us to cancel it by using the contact details found in clause 7.1.1, 7.1.2 and 7.1.3. Please be aware that if you do cancel you will still owe any outstanding Membership Fees as agreed and your access to the Service will be terminated. Cancellation of this CPA will be effective from the date that we receive such notification.
8.7 The Scheme may from time to time offer additional product and services and/or benefits to Members at an extra cost. The cost of these services and/or benefits will be payable in addition to the Membership Fee and separately identified, and the frequency of payment for such services and/benefits may vary according to the service and/or benefit purchased.
8.7.1 This offer of additional product and services/and or benefits does not affect the members right to access the services/and or benefits of the existing membership.
8.8 If you have been offered products and services/and or benefits as part of a particular promotion, you will then receive those products or services/ and or benefits for the specified period and at the fee stated within the promotion. Once the specified promotion has ended, your right to access the products or services at the stated fee will terminate.
8.8.1 These promotional offers i.e. products or services/and or benefits are personal to you and may not be shared with third parties.
8.9 We may increase or decrease the Membership Fee (or any other fees payable pursuant 8.7 above) on 30 days’ notice. Members will be notified by email or letter. If the Member does not agree with any such change, the Member may terminate this Agreement under clause 7.1 before any such change takes effect.
9. WARRANTIES, BENEFITS & DISCLAIMERS
9.1 We will at all times carry out our obligations under this Agreement with reasonable care and skill.
9.2 The Benefits and the Credit Reports and Credit Information Service have been designed for Members in the United Kingdom only (and in certain cases within certain locales of the United Kingdom). Not all Benefits (or the Credit Reports and Credit Information Service) will be available therefore to all Members.
9.3 We are constantly seeking new benefits for Members from providers. Accordingly, the Benefits and the particular services offered within the Credit Reports and Credit Information Service are continually changing and we do not and cannot represent or warrant that any particular Benefits or elements of the Credit Reports and Credit Information 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 Reports and Credit Information Service from time to time without notice to any or all Members.
9.4 A Member agrees that we are not responsible or liable for any Benefits provided by providers or for the Credit Reports and Credit Information Service provided by the Credit Reports and Credit Information Service Provider and, if a Member has any claims relating:
9.4.1 To Benefits, the Member will make a claim against the relevant provider providing (or purporting to provide) the relevant Benefit; and/or
9.4.2 To the Credit Reports and Credit Information Service, the Member will make a claim against the Credit Reports and Credit Information Service Provider providing (or purporting to provide) the relevant Credit Reports and Credit Information Service.
9.5 Members acknowledge that any special offer offered by a vendor/provider through whom you may have enrolled as a Member is the responsibility of that vendor/provider; not of us.
9.6 Other than as expressly set out in these Terms 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 Reports and Credit Information Service or in respect of any information provided to a Member.
9.7 We assume no responsibility for the payment of or contribution to any use or sales tax (e.g. VAT) on the Benefits (or the Credit Reports and Credit Information 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 Reports and Credit Information Service, as the case may be.
10. INTELLECTUAL PROPERTY
10.1 The content, organization, graphics, text, design, compilation, magnetic translation, digital conversion and other matters related to Credit Confidential® are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of Credit Confidential®, except as allowed under "Limited Right of Use" below, is strictly prohibited. Adaptive Affinity Limited or other third parties own the intellectual property and other rights in any content, document or material viewed through Credit Confidential® and you do not acquire ownership rights to any such content, document or other materials viewed through Credit Confidential®. The posting by Adaptive Affinity Limited of information or materials on Credit Confidential® does not constitute a waiver of any right in such information and materials.
10.2 Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on Credit Confidential® (or printed pages produced from Credit Confidential®); and (ii) make any other modifications to any documents obtained from Credit Confidential® other than in connection with completing information required to transact business with Adaptive Affinity Limited.
11. LIMITED RIGHT OF USE
For viewing, printing or the downloading of any content, video, audio, graphic, form or document from Credit Confidential®, Adaptive Affinity Limited grants you only a revocable, non-exclusive license for use solely by you for personal, non-commercial purposes limited to the use as is reasonably required to view and listen to the content and navigate through the pages and links generally available to the public using a standard Internet browser and standard media player, and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, non-commercial use (but not for resale or redistribution).
12. OUR WEBSITE CHANGES REGULARLY
We aim to update Credit Confidential® regularly, and may change the content at any time. If the need arises, we may suspend access to Credit Confidential®, or close it indefinitely. Any of the material on Credit Confidential® may be out of date at any given time, and we are under no obligation to update such material.
13.1 This section 13 prevails over all other sections and sets out our entire 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.
13.2 This clause does not exclude or limit in any way our liability for: (a) death or personal injury caused by our negligence; or (b) fraud or fraudulent misrepresentation; or (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or (e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
13.3 Except for the matters in clause 13.2, neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories: (a) loss of income or revenue; (b) loss of profit; (c) loss of business; (d) loss of anticipated savings; or (e) loss of data. However, this clause 13.3 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
13.4 Save as provided in clause 13.2, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: a) £10; or b) 110% of the Membership Fees paid by the Member to us in the 12 month period prior to any particular cause of action arising.
13.5 The limitation of Liability under clause 13.4 has effect in relation both to any Liability expressly provided in this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any provision of this Agreement.
14. SITE SECURITY
14.1 You must not misuse Credit Confidential® by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Credit Confidential®, the server on which Credit Confidential® is stored or any server, computer or database connected to Credit Confidential®. You must not attack Credit Confidential® via a denial-of-service attack or a distributed denial-of service attack.
14.2 In the event you misuse Credit Confidential® we may, where we have reason to believe that offences may have been committed under the Computer Misuse Act 1990, inform the relevant authorities and bring legal action. Where we report any such breach to the relevant law enforcement authorities, we will co-operate with those authorities by disclosing your identity to them. We do not accept any responsibility for any equipment or connection failings which affect your access to and or use of Credit Confidential®, or for security of the same. You are responsible for the security of your own computer systems and the transfer of any information from it.
14.3 We also do not accept responsibility for the loss or corruption of any material in transit, or the loss of or corruption of any material when downloaded onto any computer systems.
15. INFORMATION AND PRESS RELEASES
Credit Confidential® may contain interviews, discussions, press releases and other information about us, our business and our services, including links to third-party websites that contain such Information, which are being provided as a convenience to visitors of Credit Confidential®. While all Information prepared by Adaptive Affinity Limited was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any Information. Statements concerning companies other than Adaptive Affinity Limited that are contained in any such Information should not be relied upon as being provided or endorsed by us. The opinions expressed in any Information, including by employees and agents of Adaptive Affinity Limited, are solely those of the author(s) and do not necessarily reflect those of Adaptive Affinity Limited. With respect to Information, contained in links to third-party websites, please refer to "Links to other websites" set out above.
16. VISITORS' COMMUNICATIONS
16.1 Except where expressly stated otherwise by us, all comments, feedback, information, or materials that you submit through or in association with Credit Confidential® shall be considered non-confidential. By submitting such comments, feedback, information, or materials to us:
16.2 You represent and warrant that Credit Confidential®’s use of your submission does not and will not breach any agreement, violate any law, or infringe any third party's rights;
16.3 You represent and warrant that you have all rights to enter into this Agreement;
16.4 You grant Credit Confidential® all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any consequential duty or obligation arising on Credit Confidential® to anyone whatsoever.
16.5 We do not accept unsolicited ideas, works, or other materials, and you acknowledge that you are responsible for and bear all risk as to the use or distribution of any such ideas, works, or materials. Credit Confidential® expressly prohibits the scraping of email addresses and expressly opts out of receiving commercial electronic mail messages to Credit Confidential® domain email addresses that were obtained in violation of the foregoing or by use of automatic address-generation software.
17. LINKING TO OUR WEBSITES
17.1 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, but 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.
17.2 You must not establish a link from any website that is not owned by you.
17.3 Credit Confidential® must not be framed on any other site, nor may you create a link to any part of Credit Confidential® other than the home page. We reserve the right to withdraw linking permission without notice.
17.4 If you wish to make any use of material on Credit Confidential® other than that set out above, please address your request to firstname.lastname@example.org.
18. TRADEMARK, NAMES AND BRANDS
We are the operator of the Scheme and responsible for the production of the Scheme website. All trademarks, product or service names and company names or logos on that website and on hard copy Scheme materials are the property of their respective owners. We do not give permission in respect of the use of any such trademarks, brand names, product or service names or titles or copyrights and such use may constitute an infringement of the owners' rights.
19. EVENTS BEYOND OUR CONTROL
We shall have no liability to any Member for any failure of performance or any delay in performance that is caused by any event or circumstance beyond our control.
20. INVALID PROVISIONS
If any part of these Membership Terms 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.
21. THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, and, in relation to the provisions that specifically relate to them the Credit Reports and Credit Information Service Provider, a person who is not a party to these Membership Terms (or the Agreement between Member and us) has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
22. ENTIRE AGREEMENT
22.2 We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on the Scheme website or in other Scheme hard copy materials. From time to time the Scheme website or other hard copy Scheme materials may contain technical inaccuracies or typographical errors. Our liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
23. NO WAIVER
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.
24. WHO WE ARE AND HOW YOU CAN CONTACT US
We are Adaptive Affinity Limited, a company registered in England and Wales with company number 5493004, and having its registered office at Wisteria Grange Barn, Pikes End, Pinner, HA5 2EX. All notices from you to us must be by email response as set out in these Membership Terms or by post to Credit Confidential®, Wisteria Grange Barn, Pikes End, Pinner, HA5 2EX. Our telephone number is: 0333 344 1785. Adaptive Affinity Limited is authorised and Regulated by the Financial Conduct Authority, Firm Reference Number: 739012. Adaptive Affinity Limited is registered with the Information Commissioner's Office in compliance with the Data Protection Act 1998 and our registration number is Z9322490.
25.1 Credit Confidential® can be accessed from different locations around the world and may contain references to Adaptive Affinity Limited's services, and programs that have not been announced where you are located. These references do not imply that Adaptive Affinity Limited intends to announce such products, services or programs where you are located. This Agreement shall be treated as though it were executed and performed at Wisteria Grange Barn, Pikes End, Pinner, HA5 2EX, and shall be governed by and construed in accordance with the laws of England and Wales (without regard to conflict of law principles).
26. GOVERNING LAW
The Scheme operates for the United Kingdom only. The Membership Terms and the contract between Member and us shall therefore be deemed to be performed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law. Also, the use of the Scheme website is governed by English law. These Membership Terms and the contract between you and us (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and Member and we hereby submit to the exclusive jurisdiction of the English courts.
MODEL CANCELLATION FORM
You may use the following form to cancel this agreement, although you are not obliged to:
Wisteria Grange Barn
I hereby give notice that I want to cancel my contract for the supply of the following service:
- Ordered on (date)
- Member ID:
- Full Name:
- Address (Including Post Code)
Last updated 23 April 2019