End User Terms and Conditions Agreement

Last updated: 4th of August 2020

Ocyan – Our relationship with you

Here at Ocyan, we don’t really like long terms and conditions, but these are important. Because this document, together with our Privacy Policy and Cookies Policy (our Terms), sets out the rules which cover our relationship with you. They explain our responsibilities and yours, and how you can use our services. These apply to you if you use our services and are legally binding so please read them – in fact, you might want to print them out or save them on your device in case you ever want to come back to them in the future.

You should also remember that these aren’t a complete list of all your or our rights or responsibilities, as there might be others under general law. If you want more information about your general rights as a consumer, contact a consumer advice organisation, such as the Citizens’ Advice Bureau.

WANT TO CONTACT US?

If you have any questions about or feedback on our Terms or wish to make a complaint about our services, get in touch with us by emailing accounts@ocyan.com. You can leave us a voice message on the following telephone number: +44 (0) 20 3946 3204. If the question or complaint relates to information we have obtained from a Credit Reference Agency or other third party service provider, we may refer your question or complaint to them if we consider it appropriate.

If you have made a complaint about our services and we have provided a final response which is not to your satisfaction or you have not received a response within eight weeks of making your complaint, you can ask the Financial Ombudsman Service to investigate. The contact details for the Financial Ombudsman Service can be found here.

KEY TERMS

Save as otherwise set out in these Terms:

  • the services we provide are on an ‘as is’ basis
  • we (and our other service providers) have no control over the content or accuracy of information provided by Credit Reference Agencies
  • we don’t guarantee all of the information on our website, in our app, etc is up to date or accurate at all times and we accept no liability for inaccuracies or omissions. We recommend you confirm the accuracy and completeness of any information before relying on it.

WHO ARE WE? AND WHO CAN BE OUR CUSTOMER?

Who are we?

We’re Ocyan Cloud Technology Limited (Ocyan). Where we say “we” “our” or “us” in this document, that’s usually who we mean. We might also mean anyone that might take over our business or we transfer our business to in the future. In a few places, we might mean one of our third party service providers or a subcontractor – this should be clear from the context. If you’re not sure who we mean, get in touch and we’ll explain.

These Terms set out your agreement with us in relation to the use of our website, apps and services, they do not create any relationship or agreement between you and any other person (including our affiliates and third party service providers).

Ocyan is an independent credit broker. We’ll provide you with your credit score and report, open banking data, identity verification and much more, for free because we earn a commission from the provider if you purchase a product. Rest assured, we never order products according to how much commission we’re paid.

Our company details and registrations

Ocyan Cloud Technology Limited is a limited company registered in Scotland under company number SC631014. Our registered office is at 61 Dublin Street, Edinburgh, Midlothian, Scotland, EH3 6NL.

Data protection

Our data controller registration number is ZA776975 and you can check our registration on the Data Protection Public Register by visiting https://www.ico.org.uk/esdwebpages/search.

Who can be our customer?

You’re our customer (or thinking about becoming our customer), if we say “you” or “your” in these terms, we mean you. You are welcome to be our customer provided you agree to comply with our Acceptable Use Policy and you are:

  • over 18 years’ old
  • a real, live person accessing our services for your personal use (you can’t use our services for commercial or business use)
  • accessing our services on your own behalf. You also can’t (or try to) access our services for someone else. You’d have to ask them to sign up on their own behalf. You must keep your login and security details confidential. You are responsible for any use of our services using your login details, whether authorised by you or not.

We can refuse to provide a new customer with services or cease to provide services to existing customers, at any time and at our sole discretion. Examples of when we might do this include if:

  • we find out or have reason to believe you’re breaching these Terms (for example, you’re using our services for business use or on someone else’s behalf)
  • you’re rude or threatening to our staff
  • we decide to stop offering a service you are using
  • we think your use of our services is unlawful or you are breaching our Acceptable Use Policy
  • your initial identity verification check has been unsuccessful and we have not been able to verify your identity.

OUR ACCEPTABLE USE POLICY

When you’re using our services you must not do any of the following things. If you do or if we have reason to believe you either have done or will do, we may refuse to provide services to you temporarily or permanently or we may take other action against you (including legal action).

Some of these things are unlawful. Where this is the case (or we believe it may be the case) we may disclose your identify, your activities and other information we hold about you to law enforcement agencies.

#General

The email address you provide to us for the purpose of our communications with you must be personal to you and relate to an email account you control.

You must not, and you must not allow another person to, use our website or apps (including any content or materials on them) or our services:

  • in any way that doesn’t comply with any applicable local, national or international law or regulation
  • in any way that is deceiving or fraudulent, or has any fraudulent purpose or effect
  • to access or interfere with another person’s account or information, impersonate another person, or create or use a false identity or email address
  • for your own or another person’s business purposes
  • to harm or attempt to harm any other person in any way
  • to make any unsolicited or unauthorised communications, including of advertising or promotional material (“spam”)
  • to obtain or attempt to obtain unauthorised access to or interfere with, damage or disrupt any part of our website, any computer systems, equipment, software or networks on or through which our website is stored or operated
  • to modify, adapt, decipher, decompile, disassemble or reverse engineer any of the software comprised in or in any way making up a part of our website or services provided by our website
  • to scrape, reproduce, duplicate, copy, modify, distribute, publish, resell or transmit any element comprised in our website, including any software comprised in it, the content or the services provided through it
  • to use any technology or processes of any kind to access, acquire, copy, monitor, navigate or search our website or any portion of it (including the use of data mining, robots or similar data gathering and extraction tools)
  • in any way that is not authorised by us or is detrimental to us or our third party service providers.

You must not, and you must not allow another person to:

  • knowingly transmit any data, send or upload any material that is corrupt or contains viruses, Trojan horses, worms, logic-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or perform any act that would cause our website to become unavailable for use by others (including via any form of denial-of service attack)
  • access without authority, interfere with, damage or disrupt any part of our website, any software, the server or other equipment or network used in the provision of our website (including where owned or used by any third party).

We may monitor your use of our services and monitor your activity for security purposes.

You must fully cooperate with us where any law enforcement authorities, regulators or court order requests or directs us to disclose the identity or locate anyone posting any material or using our website or our services in breach of our Acceptable Use Policy.

Interactive services

Sometimes, we may provide interactive services on our website, including, for example, for you to review and comment on the services and products that we or product providers or issuers of credit make available.

Where we do, we’ll provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We don’t have to oversee, monitor or moderate any interactive service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content Standards

These content standards apply to any and all material which you may contribute to our website and to any interactive services associated with it.

Contributions must:

  • be accurate (where they state facts)
  • be genuinely held (where they state opinions)
  • comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • contain any material which is defamatory of any person
  • contain any material which is obscene, offensive, hateful or inflammatory
  • promote sexually explicit material, violence or any illegal activity
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  • infringe any copyright, database right or trade mark of any other person
  • be likely to deceive any person
  • be made in breach of any legal duty owed to a third party (for example be confidential information)
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
  • be likely to harass, upset, embarrass, alarm or annoy any other person
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person
  • give the impression that they emanate from us, if this is not the case
  • advocate, promote or assist any unlawful act including copyright infringement or computer misuse.

Linking to our website

  • 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.
  • You must not establish a link to our website in any website that is not owned by you or that does not comply in all respects with the content standards set out in our Acceptable Use Policy.
  • Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page.
  • We reserve the right to withdraw linking permission without notice.

What are our services

We aim to support your move to a new country by minimising the financial disruptions and better integrate with the new financial ecosystem. We can achieve that by accessing your credit report, score and identity information from Credit Reference Agencies, Open Banking and Identity Verification providers.

We procure this information once a month based on your consent and on your behalf acting as your authorised agent and representative, as you could. By using our services you agree that we, Credit Reference Agencies, Open Banking and Identity Verification providers shall be entitled to rely on this authorisation and agency granted by you.

Presenting this information is subject to you passing appropriate identity authentication for security purposes. We’ll try to assist you if you fail the process, but we do not have to notify you of the reasons why it was not successful.

This information is procured through ‘soft searching’ your credit records.

By using our services you agree that your records and, where applicable, those of your financial associates (for example, anyone you have a mortgage or joint loan with) will be searched:

  • As part of verifying your identity, we will carry out an authentication search against your credit information. This search will be carried out once at the time you register for our services
  • Whilst you remain an active user of our services, we (or our third party service providers) will carry out searches against your credit information and, where applicable, your financial associates’ credit information in order to provide you with your credit score, credit report and relevant products.

We will hold your details and records on our systems and make this credit information available to you through our website. If there has been a relevant change or addition to information in your credit score or credit report, we may notify you by sending you an email.

We will undertake analysis and profiling of your credit information and, where applicable, your financial associates’ credit information (and any other information provided by you or on your behalf). We may also make tools available to you so you can do this yourself. This is to assist you in being better informed about, understand and manage your credit position, and in order to identify and inform you of credit products that are likely to be suited to your circumstances or which we collect about you through our website, apps and your mobile devices. We will use your credit information and any other data you provide or make available to us for the purposes set out in these Terms, including our Privacy Policy.

We may also use your information (and, where applicable, that of your financial associates) to identify whether you may benefit from additional guidance concerning your credit score and steps you can take to improve your score.

We may share your information with third party service providers, such as Credit Reference Agencies, financial services providers and other advertisers, in accordance with our Privacy Policy and your account’s privacy settings. Certain third party product and services providers provide us with their own services to assess your suitability for particular products.

Making an application for lending from a third party

Third party lenders will use their own criteria in making decisions about you. Any decisions you make on the basis of your credit score or credit report, or any other information we provide or make available to you, are purely your own choice.

Please ensure that you have fully read and understand any relevant information, such as the credit provider’s terms and conditions, which provide full details of the risks involved with any decision you make. You may wish to consider obtaining professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on our website or any other information we provide or make available to you.

Your responsibility

In order to get a quote through our price comparison service, you will need to answer some questions on our site needed by all the different product or service providers and any intermediaries they may use. The answers you give will determine the products or services available to you and the amount you will pay. You must get permission from any other people whose details you propose to use in requesting a quote. If you submit another person’s details, you are confirming to us that you have their permission to do so, and that they understand how their information will be used.

You are solely responsible for ensuring that all information you provide us with is true, accurate and complete and you agree to the assumptions we make. If you do not provide accurate information this could lead to your selected product being invalid and claims may not be paid. You agree that we cannot be held responsible if your selected product is invalid as a result of you providing incorrect information, to us or your selected provider.

As we work with a large number of providers it is important that you read the provider’s terms and conditions, and that you read all documents issued to you by your selected provider and ensure that you are aware of any levels of cover, financial limits and any other terms that apply. If any information is not correct, it is your responsibility to identify the mistake and correct this with the provider directly.

To access our services, you will need to create a username and password. You agree to keep confidential the password and any other login details you use to access our services or engage in any disputes process and not to disclose such passwords and other login details to anyone else. If you know or suspect that someone else has your login details and password you must contact us immediately and change your password. We will not be responsible for any activity performed using your login details unless we have acted negligently or in breach of these Terms.

Price delivery

Companies change their prices and amend their rates on a regular basis. Any price quoted to you will be accurate at the time of issue, and may change if your quote is resubmitted.

MAKING CHANGES TO OUR TERMS OR SERVICES

We may change these Terms, our website, apps and our services at any time. We will notify you of any changes to our Terms 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. Your continued use of our website, apps or our services will confirm your acceptance of the revised terms.

For changes that do not affect your rights or obligations under this agreement and that constitute a mere update of information, we may choose to not notify you directly. Please check this page from time to time to take notice of any updates made to the information here.

ACCURACY AND NON-RELIANCE ON INFORMATION

Any information provided to you as part of our services is only as accurate, complete and up to date as the information supplied to us by you, the Credit Reference Agency or other third party we use to obtain this information. We don’t check the information we receive from you or third parties for accuracy, currency or completeness.

We do not control your credit score or credit report and we cannot change that information for you. If you think the information provided about you on your credit report may be incorrect, you can dispute it with the Credit Reference Agency directly here. 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 accounts@ocyan.com.

We don’t assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to receive or store any user information, communications or personalisation settings.

We may change the content or functionality of our apps, website or any other method which allows access to our services at any time. Their content may be out of date at any given time, and we are under no obligation to update it.

We cannot guarantee that our website or apps or any content on them or provided as part of our services, will always be available, uninterrupted or error free.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in our website and apps in the material published on them and in their component systems are owned by, licensed or sub-licensed to us. All content on our website and apps is subject to copyright with all rights reserved.

Images, trade marks and brands are protected by intellectual property laws and may not be reproduced or appropriated in any manner without permission of their respective owners.

You must not remove any acknowledgement that we or any of our contributors is the author of any website content or any content we provide to you as part of the services.

You may download or print or screen grab content or individual sections or pages of our website or apps for your personal use and information only, provided that any such copy has attached to it the relevant proprietary notices and/or disclaimers. Any material downloaded or otherwise obtained through our website or apps is done at your own discretion and risk and you are solely responsible for any damage to your computer system or device or loss of data that results from the download of any such material.

You must not modify, adapt, copy, download or post material from our website or apps nor store any part of our website or apps in any other website or app or include it in any public or private electronic retrieval system.

You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or explanation.

If you print off, copy, download or post to social media any part of our website or apps in breach of these Terms you must, at our option, return, destroy or procure the deletion of any copies of the materials you have made.

LICENSE

You licence us to use any information, data, materials or other content (‘Content‘) you provide to us through our website or that we obtain on your behalf as part of the services we provide (such as your credit information) and you agree that we can use, modify, display, distribute and create new material using the Content so that we may provide our services to you and for any other purposes set out in these Terms, including our Privacy Policy.

By submitting Content you confirm and agree that the owner of that Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we may use the Content for the purposes set out in these Terms.

LIMITATION OF OUR LIABILITY

Please read the provisions of this section carefully, as they exclude or limit our liability for any losses suffered by you in connection with your use of our services.

Nothing in these 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, our website (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 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 We shall only be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you accepted these Terms.

We are not responsible for any products or services provided by issuers of credit or any other third parties. Those products are governed by separate terms and conditions of supply. You agree that we are not responsible or liable for any loss or damage you may suffer or incur in connection with any such product or services, or the terms and conditions applying to any contract you enter into with any third party in relation to any product or services, or for any acts, omissions, errors or defaults of any third party in connection with any product or services or the applicable terms and conditions.

It is your responsibility to seek independent advice or otherwise satisfy yourself that you wish to apply for, take out, cancel, exchange or request a change to a credit or other product before doing so.

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.

Although we take all reasonable steps to protect our systems using virus checking software, please note that any content downloaded from our website or apps is at your own risk. We do not accept liability for any loss or damage that you suffer as a result of any distributed denial-of-service attacks, computer viruses, Trojan horses, worms, software bombs or other damaging items resulting from your use of our website or apps. You are responsible for protecting your computer systems and other devices from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures necessary. If you download our app or other digital content provided by us and you suffer damage to your device or other digital content you own because we have not exercised reasonable care and skill in creating such digital content, you may be entitled to compensation or repair at our expense pursuant to your statutory rights.

We do not charge you a separate fee for access to and use of our website, apps or our services. On this basis our total aggregate liability for any losses and/or damage suffered by you will be limited to £100.

DURATION OF OUR SERVICES AND ENDING THIS AGREEMENT

We reserve the right at any time to terminate your agreement with us and your use of our website or any products or services contained in or obtained through our website, with or without cause, immediately upon our giving you notice in writing to the email address provided by you when you registered for your account (or any email address you subsequently provide).

If you no longer wish to receive our services you can close and delete your account by visiting the ‘My Account’ section and clicking on ‘Delete Account’. Please note that once deleted, your account cannot be recovered and you will not be able to access the credit or other information we hold about you through our website.

Please note that if you withdraw consent to the processing of your personal information, access to our website, apps and the associated services will be suspended or terminated. We may keep records or data derived from your personal information in accordance with our Privacy Policy.

GENERAL

The headings used in these Terms are for convenience only and shall not affect their interpretation.

In these Terms, unless specified otherwise, use of the singular includes the plural, use of any gender is deemed to include every gender and any reference to a person includes a corporation, a partnership and any other body or entity, and vice versa.

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 Terms if the delay or failure is caused by circumstances beyond our reasonable control.

Nothing in these 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 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 of these Terms. 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 Terms shall not be a waiver of that or any other provision of these Terms.

You may not assign any of your rights or obligations under these Terms.

These Terms (including our Privacy Policy and Cookies Policy) constitute the whole agreement and understanding between you and us in relation to the use of our services. By using our website or our services you consent and agree to the processing of your personal information and our use of cookies in accordance with them. 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 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 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 Scottish law and shall be subject to the exclusive jurisdiction of the Scottish courts.