Open Banking Terms and Conditions

Effective from: 7 December 2023 

ClearScore – Our relationship with you

Welcome to ClearScore, a member of the ClearScore Group.

If you use any of our Open Banking Services, you enter into a legal agreement with us.

These Open Banking Terms and Conditions, together with our Open Banking Privacy Policy (together, our "Open Banking Terms"), and the ClearScore Terms and Conditions, which are incorporated by reference to these Open Banking Terms, explain our responsibilities and yours, and how you can use our Open Banking Services. As part of our Open Banking Services, Clear Score Technology Limited ("ClearScore", "we", "us") will be providing you with “Account Information Services”. We are registered as an Account Information Service Provider by the Financial Conduct Authority (FCA registration number 654446).

These Open Banking Terms aren’t a complete list of all your or our rights or responsibilities and there might be product specific terms (which we will highlight to you) and others under general law. If you want more information about your general consumer rights, contact a consumer advice organisation, such as the Citizens’ Advice Bureau.

Want to contact us?

If you have any questions about or feedback or wish to make a complaint, get in touch with us by emailing us at help@clearscore.com or leave us a voice message on the following telephone number: +44 207 582 8212. If you are not satisfied with how we’ve handled your complaint, or you have not heard from us within 8 weeks of making your complaint, you can ask the Financial Ombudsman Service (“FOS”) to investigate. The contact details for the Financial Ombudsman Service can be found here.

What are our Open Banking Services?

Our Open Banking Services can assist you to do the following:

• verifying your identity with us, whenever you wish to use any services that we may provide;
• aggregating information from your bank accounts, credit accounts and/or financial portfolio and providing you with a clearer understanding of your finances. For example, we can assist in identifying what your disposable income is, assess whether you spend more than you earn, identify your outgoings, give you a summary of your costs, and provide other useful metrics or information;
• use your current account and credit card and other financial accounts information to identify credit and financial products and services which may be relevant to you;
• better understand your credit report, by combining your Open Banking information with your credit report and other relevant information and providing you with more information and insights on your finances.
  

Signing up to the Open Banking Services

You can access the Open Banking Services if you have registered for a ClearScore account. To provide the Open Banking Services we will connect to your account, for which we will request your consent. You can demonstrate your consent by pressing the button agreeing to link your account when signing up. By using our Open Banking Services you agree that we (and our partners) and your bank(s), building society(ies) and card provider(s) ("Account Provider") are entitled to rely on this authorisation and agency granted by you. Accessing this information is subject to you passing appropriate authentication for security purposes. You will have to renew your consent every 90 days for us to continue to access your account from the date you last gave us your consent. If you do not give us your consent, you will no longer be able to use or access the Open Banking Services.

You will be able to connect your account once you have consented to us connecting to your account through your Account Provider. You may only use and access the Open Banking Services on your own behalf and not on behalf of anyone else. You agree to keep your username, password or other login details confidential and not disclose it to a third party. If you believe or suspect that someone else knows your ClearScore login details, please contact us immediately at help@clearscore.com.

Use of the Open Banking Services

Your use of the Open Banking Services is free of charge. We may earn revenue from the Open Banking Services by:

• providing data, analysis and/or categorisation to lenders, banks and other financial institutions (our “Partners”) that you have chosen to interact with
• creating anonymised research datasets and related market research services and selling it (including any insights derived from such data) to our clients, including clients of ClearScore group companies. All personal data is removed from these datasets and services.

Subject to your compliance with these Open Banking Terms, we (or our content providers) grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make non-commercial use of the Open Banking Services. All rights not expressly granted to you in our Open Banking Terms are reserved and retained by us or our licensors, suppliers, publishers, rights holders or other content providers.

Data Processing

To provide you with the Open Banking Services, we will collect and use certain personal information about you. We will use that information in accordance with applicable data protection laws and the Open Banking Privacy Policy, which you can find here. We will retrieve certain categories of data from your Account Provider which will be outlined in the consent you give us, but which will include current account transaction data (including details of your incoming and outgoing transactions), account balance, and account name, number and sort code.

Key terms relating to your use of the Open Banking Services

We will use the data we gather as described above in relation to your accounts for the purpose of providing our Open Banking Services to you and as described in the Open Banking Privacy Policy. Any information provided to you, or to third parties on your behalf, as part of our service is only as accurate, complete and up to date as the information supplied to us by you or the Account Providers and other third parties we use to obtain this information. We don’t check the information we receive from you or third parties for accuracy or completeness. We do not control the accounts you connect and we cannot change the related information for you. If you think any information provided about you in relation to an account may be incorrect, please contact the relevant Account Provider. If you think any other information we have provided to you has been incorrectly displayed, please let us know as soon as possible by contacting help@clearscore.com. Any information we give you through the Open Banking Services is for your information only. We will not be liable or responsible if you rely on it or take any action or make any decision based upon it. Except as otherwise set out in our Open Banking Terms:

• we accept no liability for inaccuracies or omissions in the information gathered from the Account Providers or other third parties;
• we (and our suppliers and service providers) have no control over the content or accuracy of information provided by Account Providers or other third parties;
• the services we provide are on an "as is" basis;
• we do not guarantee all of the information provided by or through our Open Banking Services is complete, up to date or accurate at any particular or all times; and
• we do not guarantee that the Open Banking Services will be defect or error free or available at any particular or all times

Duration of services and termination

The Open Banking Services will continue to be provided to you and they may be cancelled in one of the ways set out below:

• you do not renew your consent for us to access your account;
• you opt to disconnect your account from the Open Banking Services;
• you use the services in a manner that is deemed by us to be contrary to the Open Banking Terms, or the ClearScore Terms and Conditions, or is fraudulent, in which case we reserve the right to cancel your access to the Open Banking Services;
• if your ClearScore account is suspended or terminated;
• if we stop providing the Open Banking Services or the ClearScore Service, or any part of these Services that would render the Open Banking Services non-functional; or
• you may cancel your access to the Open Banking Services at any time by unlinking your account from the Open Banking Services. You can do this either by pressing the option to unlink your account in your ClearScore Account section or by revoking access to the account directly with your Account Provider.

We reserve the right to suspend your access to the Open Banking Services if at any time we consider that there is or is likely to have been a breach of security or your use of the service is in any way detrimental to us or anyone else. For security reasons, we may request you to change any or all of the passwords used by you in connection with the Open Banking Services.

Limitation of liability

Nothing in these Open Banking Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, any duties or liabilities that we owe to you under the Financial Services and Markets Act 2000 or the rules of the Financial Conduct Authority, nor any other liability that cannot be excluded or limited under applicable law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website and apps, any content on them or services accessed through them, whether express or implied. We will not be liable to you or any third party for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: Use of, inability to use or unavailability of the Open Banking Services (or any part of it), websites linked to it, or our services; use of any products, data, information or services accessed or obtained or messages received or transactions entered into, through or from the Open Banking Services obtained or accessed through our website or apps including use of or reliance on any content displayed on or made available through our website or apps unauthorised access to or alteration of your transmissions or data, or any inaccuracy or incompleteness of any information received by you or by us through the Open Banking Services. Where we have indicated your likelihood of success with respects to products matched to your profile, or where we have provided indications of how much money you may save, these are provided for information purposes only and should not be relied upon when making decisions. We do not accept any liability or provide any guarantee with respects to your eligibility for or success in obtaining products matched to you or advertised on our website. We do not charge you a separate fee for access to and use of the Open Banking Services. On this basis our total aggregate liability for any losses and/or damage suffered by you will be limited to £100.

Making changes to our terms or services

We may change these Open Banking Terms and Conditions, our apps and our services at any time. We will keep these Open Banking Terms and Conditions up-to-date on this page. If we make a significant change, we’ll contact you by sending you an email notification, by posting a notice on our website or app or through the services, or in any other manner we deem appropriate. The changes will take effect when they are first posted. Your continued use of our website, apps or our services will confirm your acceptance of the revised terms.

General

The headings used in these Open Banking Terms are for convenience only and shall not affect their interpretation. Use of the words, “includes” or “including” or similar words or phrases means without limitation and the use of these or similar words or phrases shall not limit the meaning of the general words. We shall not be liable for any delay or failure to provide our services or perform any obligation under these Open Banking Terms if the delay or failure is caused by circumstances beyond our reasonable control. Nothing in these Open Banking Terms is intended to confer on any person any right to enforce any term of these Terms which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999. Each of the provisions of these Open Banking Terms (or part of any provision) is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect the legality, validity or enforceability of the other provisions. The provision itself shall apply with the minimum modification necessary to make it legal, valid and enforceable. Failure or delay by us in enforcing these Open Banking Terms shall not be a waiver of that or any other provision. You have a right to receive a copy of these Open Banking Terms at any time. Please contact us by email if you wish to receive a physical copy in English. You may not assign any of your rights or obligations under these Open Banking Terms. These Open Banking Terms together with the ClearScore Terms and Conditions constitute the whole agreement and understanding between you and us in relation to the use of our Open Banking Services. Except in case of fraud, all previous agreements, understandings, undertakings, representations, warranties, promises and arrangements between you and us relating to the subject matter of these Open Banking Terms or your use of our website or our services are superseded, except as otherwise expressly stated in these terms. You agree that any notices and other communication may be given by us by email or posted on our website and this will comply with any legal requirement for such communications to be in writing. You also agree that any notice or other communication made in such manner will be deemed received by you 24 hours after email or posting.

Disputes and applicable law

These Open Banking Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.