Terms and Conditions
1. Our agreement
Kestrl Ltd (“Kestrl”, “Kestrl app”, “our”, “we” or “us” (as applicable)) is a company registered in England and Wales whose registered office is at City Point, 1 Ropemaker Street, London, England, EC2Y 9HT, and whose registered number is 12297799.
Kestrl is registered with the Financial Conduct Authority under the Payment Services Regulations 2017 for the provision of payment services. Reference no.927200.
2. The Service
Kestrl provides a personal finance information management service that allows you to consolidate and track your financial information (the “Service”). By using the Service you warrant that you are at least 18 years old and a resident of the United Kingdom. The Service will allow you to:
● upload details of your accounts maintained at third party sites (“Accounts”); and
● access details of transactions and balances on Accounts.
The purpose of the Service is to show you all your financial information in one place. We monitor and analyse your Personal Account. Based upon our Algorithm, we identify recurring payments, overdrafts, low balances, refunds and other elements that are displayed to you. You acknowledge and agree that the Service is not endorsed or sponsored by the providers of your Personal Accounts.
3. Access to the Service
Some of our services are provided by our Trusted Partner, TrueLayer Ltd (“TrueLayer”). This means that although we at Kestrl Ltd aim to ensure our app is available to you at all times, we cannot guarantee it will always work perfectly due to events outside our control.
4. Access to Personal Accounts
To use the Service, you must first provide your Personal Account login details to our Trusted Partner, TrueLayer Ltd (“Trusted Partner”). Kestrl is acting as an agent of TrueLayer Ltd, who is providing the regulated Account Information Service and who is authorised by the Financial Conduct Authority as an Authorised Payment Institution (reference number. 793171).
5. Your behaviour towards Kestrl
You must not access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same) any part of the Service or its security measures, any servers, other equipment or networks connected to the Service or on which it is stored or any software used in the provision of the Service, including in each case by transmitting any worms, computer viruses, malware, logic bombs, Trojan horses, spyware, harmful components or any other software, code or data of a corrupt, destructive, malicious or disruptive nature (together “Viruses”). You may not inject content or code or otherwise alter or interfere with the way any page of the Service is rendered or displayed in a user’s browser or device. You must not access the Service via a means not authorised by Kestrl, including, but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies which are used by a search engine with Kestrl’s express written consent). You must not change, modify, adapt or alter the Service or change, modify, adapt or alter another website so as to inaccurately imply an association with the Service or with Kestrl. Kestrl does not accept unsolicited content, information, ideas, suggestions or other materials except where Kestrl has set out specific criteria and conditions for submitting them and you agree not to submit them except in accordance with those criteria and conditions. Where you do submit unsolicited content, information, ideas, suggestions or other materials submitted in breach of this paragraph 6, you agree that we may use such content, information, ideas, suggestions or other materials for any purpose whatsoever, including, without limitation, developing and marketing products and services without any liability or payment or recognition of any kind to you.
6. Third party packages and services
Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to the Service, is subject to the rules and policies of the relevant website or service. Please read the rules and policies applicable to that website or service before proceeding. The Service, or communications from it or comments within it, may include links to third-party websites, applications or features (“Third Party Services”). These links are provided for your information only. Kestrl does not control, maintain or endorse Third Party Services and you acknowledge and agree that your use of them is at your own risk. We assume no responsibility for the content or operation of Third Party Services and we will not be liable for any loss or damage that may arise from your use of them (or such content).
7. Web data: charges and security
You agree that you are responsible for any and all data charges you incur from mobile service providers, internet service providers or other data providers in using the Service. We cannot guarantee that the Service will always be free from Viruses. You are responsible for configuring your information technology (including your mobile telephone) in order to access the Service and for the security of your internet connection. You should use your own virus protection software.
8. Our right to vary these Terms
You expressly understand and agree that:
● Your use of the Service and all information, products and other content (including that of third parties) included in or accessible from the Service is at your sole risk.
● The Service is provided on an “as is” and “as available” basis. Our Trusted Partner and us expressly disclaim all warranties of any kind as to the Service and all information, products and other content (including that of third parties) included in or accessible from the Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Our Trusted Partner and us make no warranty that:
● the Service will meet your requirements;
● the Service will be uninterrupted, timely, secure, or error-free;
● the results that may be obtained from the use of the Service will be accurate or reliable;
● the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; or any errors in the technology will be corrected.
● Kestrl Ltd and TrueLayer Ltd make no guarantees that the information published on the Kestrl app will be correct or up to date at the time you have accessed it. We at Kestrl Ltd aim to provide correct and up to date information to the best of our ability, but we cannot guarantee information will be as such at the time it is accessed.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from our Trusted Partner or us through or from the Service will create any warranty not expressly stated in these Terms
10. Our liability
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract. Any information accessed through the Kestrl app does not constitute investment advice and cannot be relied upon in place of independent financial and professional advice. If you rely on information or material provided by Kestrl and end up suffering a financial loss as a result of your reliance on Kestrl, we are not responsible or liable to you.
The Kestrl app is for personal and domestic use only. If you use the Kestrl app for commercial, business or resale purposes and end up suffering loss of revenue, loss of business, loss of profit, business interruption, opportunity and any other loss related to your business activity, we are not responsible for your loss and we are not liable to you.
Subject to clause 13 paragraph and to the extent permitted by applicable law, our Trusted Partner will not be liable to you in connection with the Service (including your use or inability to use the Service) for:
● loss of profits or goodwill;
● any statement or conduct on or via the Service by any third party;
● loss of data which is caused by factors other than negligence or breach of statutory duty on the party of us or our Trusted Partner;
● the acts or omissions of the providers of your Personal Account(s);
● the cost to you of obtaining goods or services as substitutes for the Service; or
● any other loss or damage suffered by you in connection with the Service.
We are not a financial adviser, and the Service is not intended to provide financial advice. Your financial situation is unique. We do not make any representations, warranties, or guarantees of any kind that the Service is appropriate for you. You should not rely on financial information, content or materials on the Kestrl app as a substitute to investment advice or as the sole basis for making a financial decision. We are not liable for any action resulting from your reliance on information, content and materials found on the Kestrl app or any losses suffered as a result. We are not liable for third-party sites or services linked through Kestrl, nor your use of or reliance on such sites. We are not responsible for any dealings between you and third parties found or accessed through the Kestrl app.
You agree to protect and fully compensate our Trusted Partner and us and our affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable solicitors’ fees) caused by or arising from your use of the Service, your violation of these Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
12. Termination and suspension
● immediate, temporary or permanent withdrawal of your right to use the Service;
● issue of a warning to you;
● legal proceedings against you for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
● further legal action against you; and/or
● disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited and we may take any other action we reasonably deem appropriate.
- Cancelling your account You may cancel your user account at any time. Note, extended periods of inactivity may also result in cancellation or Account Information stored in the Service being made unavailable. To cancel your account email email@example.com with from your primary email address. Where applicable, if we suspect fraudulent or unauthorised use of the Kestrl app, we may suspend or prohibit your use of the app. In such a case, we will contact you through email to communicate your suspension.
Overlay Function in order to protect your personal, banking and financial information. If you permit use of the Overlay Function and suffer losses due to unauthorised access to your information as a result, you bear full responsibility for such losses as we will not be held liable.
- Enquiries & complaints If you have an enquiry or complaint about the Service, or simply wish to get in touch, you should contact our customer services team via our email firstname.lastname@example.org. In the event that you have a complaint we cannot settle, you may be entitled to refer it to the Financial Ombudsman Service (FOS). Further information about the FOS is available from their website www.financial-ombudsman.org.uk. 19. The Terms Each of these terms operates separately. If any court decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 20. Disclaimer We do not promise that the information, content or material available on the Kestrl app is accurate and free of error at all times. We do not promise that the information on our app will be up to date at the time it is accessed by you.
Thank you for using the Service. LAST UPDATED: July 6 2020