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Koody Limited - Terms and Conditions
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KOODY LIMITED - TERMS AND CONDITIONS

‍INTRODUCTION

These are the terms of use for “Koody” and “Budget by Koody”, a personal finance marketplace and budgeting app, provided at https://www.koody.co and associated mobile applications, that allow you to compare financial products and manage your money intelligently without connecting your bank account or sharing sensitive banking details (“the Product”).

The Product is provided by Koody Limited, a company registered in England and Wales (No. 11764182), with registered office address at 124 City Road, London, United Kingdom, EC1V 2NX, (“we”, “us”, “our”).

Koody Limited is registered with the Information Commissioner's Office (ICO), with reference number ZA785178. Visit www.ico.org.uk for more information.

If there is anything you do not understand or wish to clarify, please get in touch with us by emailing us at: hello@koody.co.

OUR AGREEMENT WITH YOU

These terms and conditions form our legally binding agreement with you in relation to the Product (“the Agreement”). The Agreement sets out all the conditions on which we will provide our Product to you, and applies to you whether you are visiting the website (“Marketplace User”), or have registered to be a user of Budget by Koody (“Budget by Koody User”). If you intend to become a Budget by Koody User you must accept these terms as part of the registration process. This Agreement should be read carefully.

We may use third parties to provide the Product to you as explained in these terms and our Privacy Policy.

If you are reading this Agreement for the first time we suggest you print or save a copy.

By using the Product, you agree to be bound by these Terms and Conditions. You also consent to our use and protection of your data in accordance with our privacy policy as stated here: https://www.koody.co/privacy-policy.

AN OVERVIEW OF THE PRODUCT

Our core product is the Koody financial services marketplace which provides an educational, supportive and safe environment for millennials to increase their personal finance knowledge, discuss finance-related topics with others, access in-depth resources to help them make smart financial decisions and compare financial products.

The Koody marketplace is not only a playground for personal finance fanatics, but also offers beginners with invaluable guidance on how best to manage their money, as well as how financial products and services work. Users and website visitors can access money management tools, product reviews and superior financial education, all in one place.

The support that we currently provide is only being extended through our innovative and unique budgeting app, Budget by Koody.

Budget by Koody is the only UK-based app of its kind that offers what other budgeting apps cannot: the opportunity to input and track your past, current and future expenses manually, and in as much detail as you would like.

This means that each user experience on Budget by Koody is completely unique. It’s multifunctional purpose makes it a great all-rounder option for a wide range of users who have a variety of needs.

The marketplace is entirely free to customers, but we may earn a fee or commission from our partners based upon your use of their services or products.

Budget by Koody is also free to customers. However, to access all features within the app, users need to subscribe to Budget by Koody Pro for £1 a month or £10 a year.

The Product is an aid to you in organising, managing and identifying opportunities related to your finances. We are not authorised by the Financial Conduct Authority or Prudential Regulation Authority to provide advice or any form of regulated financial activity. If you require financial advice or would like to carry out a regulated activity (such as buying investment products or securing personal loans), please seek advice from an authorised financial adviser.

You warrant that you are at least 18 years old to use the Product.

YOUR PRIVACY

Your privacy is important to us and we are committed to keeping your personal data safe. Our Privacy Policy https://www.koody.co/privacy-policy sets out the terms on which we process any personal data we collect from you, or that you provide to us.

YOUR USE OF THE PRODUCT

Your right to access and use the Product is personal to you and is not transferable by you to any other person or entity. You agree to provide us with information which is accurate, and not to misrepresent your identity or your user information. You are only entitled to access and use the Product for lawful purposes.

For the purposes of this Agreement and solely to provide budgeting services to you as part of the Product, you grant us a limited power of attorney to access and use your data which you input into the app with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You acknowledge and agree that when we access this data to provide the required Budget by Koody services to you, you understand and agree that the Product is NOT sponsored or endorsed by any third parties accessible through the Product.

On the other hand, for the purposes of this Agreement and solely to provide financial marketplace and comparison services to you, you acknowledge and agree that the Product and all third party links provided via the marketplace could be sponsored or endorsed by the third parties accessible through the marketplace.

By submitting permission, information, data, passwords, usernames, PINs, other log-in information, materials and other content to us through the Product, you are licensing that content to us for the purpose of providing the Product and to use in accordance with our Privacy Policy https://www.koody.co/privacy-policy. By submitting this content to us, you represent that you are entitled to submit it to us to use for this purpose, without any obligation by us to pay any fees or other limitations.

WHAT WE ASK YOU NOT TO DO

You agree that you will not:

  1. Use any robot, spider, scraper, deep link or other similar automated data-gathering or extraction tools, programme, algorithm or methodology to access, acquire, copy or monitor the Product or any portion of it without our express written consent, which may be withheld at our sole discretion;
  2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Product, other than the search engines and search agents available through the Product and other than generally available third-party web browsers (such as Microsoft Edge, Chrome, Firefox and Safari);
  3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Product; or
  4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Product.

THIRD PARTY PARTNERS

The Product may provide website links and hosted functionality from third parties. The use of third party products or services is governed by the terms and conditions of the relevant supplier. The content and operations of third party products and services is outside of our control, and we cannot accept responsibility or liability for the products and services provided to you by these third parties.

ADVERTISING

Some parts of the Product are supported by links from advertisers that may be custom matched to you based on information stored in the Product, queries made through the Product or other information. We will not disguise any adverts in the Product.

We do not endorse, warrant or guarantee the products or services available through the links. We do not guarantee that any loan, investment, account or other service’s terms, rates or rewards offered by any particular advertiser are actually the terms that may be offered to you if you pursue the offer, or that they are the best terms or lowest rates available in the market.

NOTIFICATIONS AND ALERTS

All required notices will be sent electronically to the email address that you provide. Notifications will be sent to you if there is a material change to the Product, its Terms, or Policies.

The Product includes alerts on your account activity. These can be customised, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. We may add new alerts from time to time, or cease to provide certain alerts at any time at our discretion.

Alerts will be sent to the email address you have provided as your primary email address. You may also choose to have alerts sent to a mobile device. Alerts will include information about your accounts, such as your account balance or the due date for your credit card payment. Anyone with access to your email, or your mobile device, that is associated with the Product may be able to view the content of these alerts.

YOUR USER INFORMATION

Please let us know if any of your user details change (including any personal data), particularly your email address, mobile phone number, or address including postcode. If you do not do this, we will not be able to deliver any alerts or notifications to you, and your ability to access the Product may be compromised if your details cannot be verified when accessing the app.

You agree and understand that you are responsible for maintaining the confidentiality of your email address which, together with your unique one-time pin (OTP), allows you to access the Product. If you become aware of any unauthorised use of your user information, you agree to notify us immediately at budget@koody.co.

For further details about how your User Information is handled, see our Privacy Policy: https://www.koody.co/privacy-policy.

COMPLAINTS POLICY

If you wish to complain about any of the products provided by Koody Limited, please email us at hello@koody.co or write directly to the Chief Executive Officer, Koody Limited, 124 City Road, London, United Kingdom, EC1V 2NX, explaining the nature of your complaint and what you would like us to do to put it right.

In addition:

If your complaint is about how we store or process your personal information, you can also contact the Information Commissioner's Office https://ico.org.uk/concerns/, although we would appreciate the chance to deal with your concern first.

If your complaint is about a regulated financial service product (e.g. banking, insurance, mortgage, pension, savings and investments, credit card, store cards, loans, hire purchase, financial advice) that we were involved in either selling, or introducing you, and the associated third party (e.g. product provider or an intermediary) is not able to satisfactorily deal with your complaint within 8 weeks of you raising it, you may complain to the Financial Ombudsman Service http://www.financial-ombudsman.org.uk/.  

POSTING ON THE PRODUCT

As part of the Product, we allow users to post content on our blog, community and at various other publicly available locations on the Product. If you wish to post content you agree to follow these rules:

You are responsible for all content you submit to us.

By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with us and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user a non-exclusive license to access your posted content through the Product, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Product and under this Agreement.

You may not post or transmit any message which is libellous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law; or that is otherwise inappropriate.

You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

You may not interfere with other users’ use of the Product, including, disrupting the normal flow of dialogue in an interactive area of the Product, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Product infrastructure or that adversely affects the availability of the Product to others.

Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.

You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Product that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.

You may not copy or use personal identifying or business contact information about other users without their permission. Unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Product are prohibited.

You accept that we may edit your comments for clarity, or remove any comment.

YOUR INDEMNIFICATION OF US

You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to solicitors fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

AVAILABILITY OF SERVICE AND ALERT DISCLAIMER

Your access to and use of the Product may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Product or other actions that we, in our sole discretion, may elect to take.

You understand and agree that any alerts provided to you through the Product may be delayed or prevented by a variety of factors. We will use reasonable endeavors to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

OUR INTELLECTUAL PROPERTY RIGHTS

The contents of our website at https://www.koody.co (“the Website”), including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software and other material are protected under copyright, trademark and other laws. The content of the Website and all intellectual property rights in the Product belong to or are validly licensed to us. We grant you the right to view and use the Product subject to these terms. You may download or print a copy of information provided on the Product for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Product in whole or in part for any other purpose is expressly prohibited without our prior written consent.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE PRODUCT OR PROVIDED THROUGH THE PRODUCT ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE PRODUCT. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OF THE PRODUCT, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE PRODUCT IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

LIMITATIONS ON OUR LIABILITY

TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, DELICT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR:

ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE PRODUCT, YOUR USE OF THE PRODUCT OR THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO £500.00 (FIVE HUNDRED POUNDS).

ENDING THE AGREEMENT

This Agreement will continue to apply until terminated by either you or us as set out below. You can terminate your agreement by exiting the website (if you are a marketplace user) or emailing budget@koody.co (if you are a Budget by Koody user) with details of your account (email address, first name, last name and date of birth). For security we will confirm to you by email before closing your account. When confirmed your account will be closed and your ability to login deactivated. Your account data will be removed subject to and as explained in our Privacy Policy.

WE MAY AT ANY TIME, TERMINATE OUR AGREEMENT WITH YOU:

MODIFICATIONS TO THE AGREEMENT

We may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on our site. The Agreement will always state the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Product after those changes are posted.

GOVERNING LAW AND FORUM FOR DISPUTES

This Agreement, and your relationship with us under this Agreement, shall be governed by the laws of England and Wales without regard to its conflict or choice of laws provisions. Any dispute with us, or our officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the English and Welsh courts, except with respect to imminent harm requiring a temporary or preliminary interdict or injunction in which case we may seek this in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, we are able to offer the Product on the terms stated in this Agreement, without charge to you (with the exception of Budget by Koody Pro Users), and that your consent to this provision is an indispensable consideration under this Agreement.

OTHER IMPORTANT MATTERS

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be deleted from this Agreement.

If we do not exercise or enforce any legal right or remedy which is contained in the Agreement (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and us regarding the subject matter of the same, and supersedes all other previous agreements

TRADEMARKS

KOODY is the registered trademark of Koody Limited.

Last Updated: 14 August 2024.