Terms and conditions
PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS BEFORE ACCESSING OR USING THE WEBSITE planky.com.
BY ACCESSING OR USING THE WEBSITE planky.com YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR OR PARTICIPATE IN THIS WEBSITE.
1.1 This Website is operated by Friendly Score UK Limited. We are registered in England and Wales under company number 09168668 and have our registered office at 42 Brook Street, 1st Floor Mayfair, London, England, W1K 5DB (“Planky”, “We”, “Us”). We are a limited company. Our VAT number is 206 9758 80.
1.2 We are Authorised and Regulated by the Financial Conduct Authority. (FRN: 781963). We are also authorised to provide the AISP Services (as defined below) (FRN: 821100)
1.4 Please note that these Terms and Conditions affect your legal rights and obligations other than those that cannot be limited or excluded by law in the country in which you live. If any of these Terms and Conditions are found to be invalid or unenforceable in your country then the Agreement will be deemed to be amended to the extent required by your local laws. If you do not agree to be bound by all of Terms and Conditions, do not access or use the Site.
2. Our services
2.1. Planky provides data and analytics services by accessing, collecting, consuming and aggregating the information in relation to you (the “Data and Analytics Services”).
2.2. We have been authorised by the Financial Conduct Authority to provide the AISP Services.
2.3. You may use the Tool to grant access to your Account Information to us for the purposes of analytics, processing and aggregation with the other Account Information which you have granted us access to.
2.3. In accordance with these Terms and Conditions, to use the Tool you must:
a) enable access to your Account information with the relevant Provider, as we can only access such information with your explicit consent which you may withdraw at any time;
b) provide your account credentials used to access the Account Information held by the relevant Provider, because under the relevant legislation we are required to input the same credentials as you to access your accounts;
c) check and agree to the relevant Provider’s terms and conditions in relation to account information services;
d) where possible, you may choose, on the Provider’s platform, which Account Information you want to transmit to us; you can choose to retrieve the following information:
i. account type (e.g. current, saving, investment, credit card);
ii. account name;
iii. IBAN/Account number/Sort code/SWIFT;
v. account balance information:
vi. current balance;
vii. available balance (credit cards);
viii. overdraft balance;
ix. interest rate;
x. payment due date (credit cards);
xi. next closing date (credit cards);
xii. minimum payment due (credit cards);
xiii. information on transactions:
xvi. amount; and/or
xvii. metadata (arbitrary data that banks associate with a transaction e.g. category).
2.4. Where you have instructed us to access and transmit Account Information, our Tool may merge and aggregate Account Information retrieved from a particular Provider with Account Information retrieved by us from the other Providers and perform analytics and aggregation of such data.
2.6. We do not check your Account Information for accuracy so we cannot check that the aggregated information is accurate, although we will of course use all reasonable efforts to ensure that our aggregation of such information is accurate.
2.7. We will not share your credentials which you use to access your accounts and which you have consented to share with us with any third party without your express consent. By providing your consent, you represent that you are allowed to use the relevant log in account details for the purpose stated in these Terms and Conditions, without any liability from any such third parties to us. You also give us your explicit consent to us retrieving, merging and/or aggregating your relevant Account Information for the purpose of providing our Data and Analytics Services.
2.8. Any agreements in relation to any products and services acquired by you pursuant to leveraging your Account Information are between you and the relevant Provider. Planky is not privy to your agreements with such Providers. Accordingly, you acknowledge and agree that neither Planky not our agents shall be liable to you for any loss or damage suffered in connection with such agreements.
2.9. We have appointed an agent who will assist us with providing the AISP Services (the “Agent”). As well as Planky, the Agent is authorised by the FCA to provide the AISP Services, their details can be found at https://register.fca.org.uk/s/firm?id=0010X00004G2zpoQAB. We are responsible for the conduct of our Agent and if you have any questions or issues, please contact us in the first instance. We have appropriate systems and controls in place to oversee our Agent’s activities effectively. As part of these measure we constantly carry out internal checks and controls to ensure that all adopted mechanisms remain appropriate at all times.
3. Your Obligations
By using our Data and Analytics Services you agree to the following:
3.1. You agree to keep all information up to date and accurate.
3.3. You must be at least 18 years old to use the Site. By using the Site You agree to be bound by these Terms and Conditions and confirm that you are at least 18 years of age and are lawfully fit and able to accept these Terms and Conditions.
3.4. You are entering into these Terms and Conditions in a personal capacity and not on behalf of a company or any trading entity. If you are acting in the course of a business then terms and conditions will apply which are available in your Client Panel.
3.5. Planky reserves the right in our sole discretion to change at any time any of the Terms and Conditions. If you wish to end the Agreement, you may do so in accordance with Clause 9 below. You agree that your use of the Site after the date when the updated Terms and Conditions come into effect establishes an agreement based on the amended Terms and Conditions and will apply to your use of the Site from that point forward.
3.6. You are responsible for maintaining adequate security and control of any and all IDs, passwords, or any other codes that you use to access the Planky Data and Analytics Services. You are responsible for keeping your mailing address and email address up to date in your Profile.
3.7. You undertake to notify us without delay in the event if you believe or become aware that any of your Account Information transmitted to us is incorrect and/or may lead to inaccurate aggregation and processing. If you notify us thereof, we will use our reasonable endeavours to verify the accuracy of such information, but in any event, we shall not be held liable for any inaccuracies in the retrieved and processed information.
4. Investment Advice
We are not authorised to provide advise you on investments under the Financial Services and Markets Act 2000, and our provision of our Data and Analytics Services does not amount to financial or investment advice. If you require financial or investment advice you should contact an appropriately authorised financial adviser.
5. Fees for the Data and Analytics Services
The provision of the Data and Analytics Services is free of charge to You. In the event if this ever changes, we will notify you in advance in writing.
6. Intellectual Property Rights
6.1. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof is owned by Planky, its licensors, or its third-party image partners. All elements of the Site are protected by copyright and other laws relating to the protection of intellectual property.
6.2. In particular name Friendly Score and Friendly Score logo are trademarks owned by FRIENDLY SCORE UK LTD and are therefore subject to national as well as international protection.
7.1. We warrant that:
7.1.1. we have full capacity and authority to enter into this Agreement and grant the Licence; and
7.1.2. the Data and Analytics Services will be provided using reasonable skill and care;
7.2. Data and analytics Services are provided for informational purposes only. You acknowledge that, the analyses and tools available through the Planky Data and Analytics Services, including, without limitation, are based on assumptions and subject to the limitations disclosed with respect to each such analysis or tool.
7.3. These Terms and Conditions are in place of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, cause of dealing or otherwise, all of which are hereby excluded to the fullest point of law.
8. Our liability to You
8.1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
8.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Data and Analytics Services.
8.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.4. We are not responsible for delays outside our control. If our supply of the Data and Analytics Services is delayed by an event outside our control then we will contact you as soon as reasonably possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, and you may end the Agreement at any time in accordance with Clause 10.
9. How we may use your personal information.
10. Ending the Agreement
10.1. The Agreement will continue until it is ended in accordance with this Clause 10.
10.2. You can always end Your Agreement with us. You can notify us that you no longer wish the Agreement to apply by sending an email stating this to the address below. Your Agreement will end when we receive this email.
10.3. We may cancel the Agreement if we withdraw the Service. We may write to you to let you know that we are going to stop providing the Service. We will let you know at least 30 days in advance of our stopping the supply of the Service.
10.4. Either of party may end the Agreement if the other party is in breach of these Terms and Conditions and in these circumstances, where the breach is capable of being remedied, the party that is not in breach will send a notice to the party in breach giving 30 day’s notice to correct the breach. In the event that the breach is not fixed in that period the Agreement will terminate at the end of the notice period. Where the breach is not capable of remedy then the party not in breach will send a notice to the party in breach and the Agreement will end on the date the notice is received by the party in breach.
10.5. Because you are not charged for the Service there will be no refund or other compensation paid to you in the event that the Agreement has expired or been terminated by You or by Us.
11. Other Important Provisions
11.1. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
11.2. We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
11.3. 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. 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.
11.4. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must not contain any material that: in any way that breaches any applicable local, national or international law or regulation; is unlawful or fraudulent, is defamatory of any person, is obscene, offensive, hateful or inflammatory, promote sexually explicit material, promotes violence, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, infringes any intellectual property right of any other person.
11.5. If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.6. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by Planky.
11.7. We may transfer our rights and obligations under these terms to another organisation We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Agreement.
11.8. The Agreement is personal to you and since the Data and Analytics Services are based on your personal circumstances you cannot transfer your rights or your obligations under these Terms and Conditions to another person.
11.9. Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
11.10. Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12. Disputes and Applicable Law
12.1. In the first instance, we will do our best to amicably resolve all disputes arising in connection with the Agreement. We will do our best to respond to your complaint within 3 working day and, in any event, we will acknowledge your complaint within this time period if we anticipate that it will take us longer to handle it. If you are still dissatisfied with our response, or if you do not hear from us within the relevant period of time, you can a raise any issues with the Financial Ombudsmen Service. The Financial Ombudsmen Service provide free and independent advice and may be able to deal with your complaint where relevant. You can find out further information about the Financial Ombudsmen Service on its website: www.financial-ombudsman.org.uk.
12.2. These Terms and Conditions are governed by English law and you can bring legal proceedings in respect of the Agreement in the English courts.
If you have any questions concerning these Terms and Conditions You can contact us by telephoning our customer service team at +44 20 3709 6726 or by writing to us at firstname.lastname@example.org or
Friendly Score UK Ltd
42 Brook Street 1st Floor, Mayfair
London W1K 5DB.
If we need to contact you with regards to the AISP Services, Data and Analytics Services or anything else in relation to these Terms and Conditions we will contact you via email using the details which you provide to us, or by sending notifications to you within our customer centre.
14. Communication Language
All communications between Planky and you will be in English language.