Terms of Use and Client Agreement

These Terms of Use (the "Terms") refer to the Saving P’s mobile App (the "App") and website www.savingps.co (the “Website”), as well as the various services we provide to you through these, as amended from time to time (collectively, the "Service"). The Service is operated by Saving P’s Ltd, trading as Saving P’s ("we" or "us").

By accessing or using any or all parts of the Service, you agree to be bound by these Terms, which incorporate our Data & Privacy Statement, Cookie Policy and which together form the whole agreement between you and us. Please read these documents carefully. If you do not agree to their contents, you must stop using the Service immediately.

Saving P’s LTD ("Saving P’s", "we" or "us") is a company registered in England and Wales whose registered office is at 4^th Floor, 18 St Cross Street, London, England, EC1N 8UN and whose registered number is 12583217.

Saving P's is registered by the Financial Conduct Authority (FCA) with firm reference number 933722. Saving P’s is acting as an agent of TrueLayer who is providing the regulated Account Information Service and who is authorised by the FCA as an Authorised Payment institution (Financial Register Number 901096).

If you wish to contact us for any reason, you can contact us through the App, email us at hello@savingps.co or write to us at 4th Floor, 18 St Cross Street, London, EC1N 8UN.

If we need to contact you, we will email you but, depending on the nature of what we need to tell you we may use the App or SMS messaging.  All information or notifications that we provide to you will be in English.

Simplified: By using the services provided through the Saving P’s app or website, you’re agreeing to follow our rules, so please read them carefully.

1. Accepting the Terms

In order to use the Service, you must agree to the Terms. You may not use the Service if you do not accept the Terms. You can accept the Terms by simply accessing the Service.

You may not use the Service and may not accept the Terms if you are a person who is barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.

Simplified: You’re not allowed to use this Service if you don’t agree to our Terms, or if laws in your country prohibit you from doing so.

2. Changes to the Terms

We reserve the right to make any changes we see fit to any part of the Terms (i.e. including our Data and Data & Privacy Statement, and our Cookie Policy) from time to time for reasons which include, but are not limited to:

• making these Terms easier to understand and fairer to you;
• correcting any error identified in the Terms;
• adding any enhancement and/or functionality to the Services already provided at the time;
• addressing changes to the law or the applicable regulations.

We will notify you of any changes which we think may affect your rights or obligations under the Terms by email and/or within the app at least 30 days before they come into force, with a clear explanation of how the changes will affect you. Your continued use of the Service after the changes have been implemented will be constituted as acceptance.

Simplified: Sometimes we need to update our Terms. If we do and the change is likely to affect you, we’ll tell you in advance. If you continue to use our Service after these updates, we’ll assume you have agreed to the changes.

3. Accessing our Service

The Service is made available for a monthly subscription fee. We do not guarantee that the Service, or any content within it, will always be available or be uninterrupted. Access to the Service is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our Service without notice.

The Service is only for users over the age of 18 who are resident and domiciled in the United Kingdom (England, Wales, Scotland and Northern Ireland). We do not represent that content available on or through our Service is appropriate for use or available in other locations.

Simplified: We can’t promise it will always be available. We provide our service to people who are over 18 and are based permanently in the UK.

4. Saving P’s user account

Creating your account

In order to access some features of the Service, you will need to create a Saving P’s user account. You may create a Saving P’s user account with your email address and a password of your choice. You must keep your Saving P’s user account secure and confidential. Do not share your password or allow others to access your Saving P’s account. You agree that you will be solely responsible for all activity that occurs under your Saving P’s user account.

Closing your account

We have the right to disable your user account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your login information, or has accessed your user account, you must promptly notify us at hello@savingps.co. You may close your Saving P’s user account, thereby terminating the agreement between you and us, through your account settings or by giving us written notice at hello@savingps.co. Once your account is closed, you will not be able to access the Service.

Account Security

You are responsible for maintaining the security of your account and the secrecy of your Saving P’s password. If you know or suspect that anyone else knows or has obtained your password and/or has accessed your account, you must immediately notify us at hello@savingps.co and change your password.

If you intentionally or negligently share your Saving P’s credentials or enable a third party to use your Saving P’s account, whether fraudulently or not, you are liable for any losses incurred in respect of an unauthorised transaction.

5. Purchasing financial products recommended by Saving P’s

When you purchase financial products or related services recommended or referred to by Saving P’s as part of the Service, while we might make a recommendation, the contract relating to that sale is between you and the service provider or vendor of that product. You will not purchase products from Saving P’s and you will have no sale agreement with Saving P’s. If you have any queries with respect to the product(s) you have purchased, please contact the service provider or vendor directly.

In most cases, you will probably be able to exercise a right to cancel the contracts for financial contracts we have recommended by withdrawing from them within certain time periods. Whether you can do so, and how you can do so, will be set out in the terms and conditions provided to you by, or your agreement with, that service provider or vendor.

Simplified: When you buy a financial product, you will be buying it from a third party, not from us. You should ask them any questions you have about the product, including what cancellation rights are available to you.

6. No reliance on information

Although we make reasonable efforts to update the information within the Service, we make no representations, warranties, or guarantees, whether expressed or implied, that the content within our Service is accurate, complete, or up-to-date, or provides a full picture of all services, products, or offers that are available elsewhere.

Simplified: We’re not always able to keep all parts of our service up to date so please don’t rely on it.

7. IP rights

We are the owner or the licensee of all intellectual property rights in our Service, and in the material and content published on it by us (“Content”). Copyright laws and treaties around the world protect those works. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Service for your personal use and you may draw the attention of others to Content posted within our Service. You must not modify the paper or make digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the Content from our Service for commercial purposes without obtaining a licence to do so from us or our licensors.

Saving P’s respects copyright and other intellectual property rights. Content which is determined to be infringing or violating such rights will be removed in accordance with applicable laws. Claims of alleged intellectual property infringement should be submitted by contacting hello@savingps.co.

Simplified: We own, or have a licence for, the Content we post to this Service. You can view, store, and share this Content for personal use only, but you can't modify it without permission. If you think any Content within this Service infringes your legal rights, contact us and we’ll review it.

8. Prohibited uses

You may use our Service only for lawful purposes. You may not use our Service in any way that breaches any applicable local, national, or international law or regulation.

You also agree not to reproduce, duplicate, copy, re-sell, disable, or otherwise harm or interfere with any part of the Service other than when we expressly permit you to do so in writing. In addition, you agree not to use the Service for commercial purposes.

Simplified: You cannot use our Service for illegal or commercial purposes, or try to damage our Service.

9. Links to and from the Service

You may link to the Service, 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. The Service must not be framed on any other site. We reserve the right to withdraw linking permission without notice. If you wish to make use of any Content within the Service other than that set out above, please contact hello@savingps.co.

Where the Service contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

Simplified: Linking to our service is permitted so long as you act fairly and don’t try to exploit our service or pass content off as your own. Also, we are not and cannot be responsible for the content of sites we link to.

10. Security

Saving P’s endeavours to operate a safe and secure platform, and implements appropriate security measures as much as possible. However, Saving P’s cannot guarantee that the security of the Service will not be compromised, for example by malicious third parties. In the event that user data or security is affected by a security breach, we will inform users and implement any additional safeguards we deem necessary.

Saving P’s cannot be held responsible for any malicious activity caused to your account or device as a result of you accessing third party links via the Service. If you have any security concerns about content within the Service, you should contact us immediately.

Simplified: We work hard to protect our users, but sometimes bad things happen that are out of our control. If you’re concerned about anything, let us know right away.

11. Liability

We will only be liable to you for any loss you may suffer as a direct result of our fraud, gross negligence, material breach of these Terms, or wilful default. By way of example only, this means we will not be liable for any losses, damages, liabilities or claims incurred as a result of events such as:

• any falls in investment values;

• any unforeseen events resulting in loss of profit, or other indirect or consequential loss, which are outside our control, including those caused by third parties;

• any losses attributable to your own actions, or which occurred due to your failure or omission to disclose complete or accurate information, either to us or to a recommended advisor; or
• any Service-related issues, such as it being unavailable or interrupted.

• costs, fees (including overdraft fees), interest charges or penalties incurred as a result of the Service transferring automated Saves from your Nominated Account to your Wallet; or

• the consequences of any change to your credit rating or equivalent which may arise from you failing to meet any payment from your Nominated Account when due because of your use of the Service.

• we are not liable for business losses. The App is for private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

• Limitations to the App and the Service. The App and the Service are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

• Check that the App and the Service are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service meet your requirements.

• When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge.

• We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Service you have paid for but not received.

However, these terms will not exclude or limit our liability where it would be unlawful for us to do so, and as such do not exclude or limit our liability for death or personal injury caused by our negligence, or that of our employees, agents or subcontractors or for fraud or misrepresentation.

In any case, our total liability will be limited to the higher of:

• the remaining amount of any professional indemnity insurance available to us.

Simplified: We put a limit on what we’re liable for, except where we’re not allowed to by law.

12. Duty to disclose

Any financial advice we provide will be based on your personal financial circumstances and objectives. You must give us accurate and complete information and a true reflection of your current circumstances. Any wrong or incomplete information that you provide to us may lead to wrong advice or the terms of your plan being invalidated. We strongly recommend that you check the information you provide before you submit it and that you keep it regularly updated thereafter.

Simplified: We provide advice and recommendations based on the information you give us, so make sure it’s correct and kept up to date.

13. Client money

Saving P’s does not, and is not permitted to, handle client money, and we cannot accept a cheque made out to us. We do not handle cash.

14. Anti-Money Laundering

Where we are required to verify your identity in accordance with the applicable anti-money laundering requirements (i.e. those relating to the provision of financial services), parts of the Service will be withheld from you until such verification has been obtained, and none will be provided if the required verification is not forthcoming within a reasonable period. We may use and search the records of credit reference or fraud prevention agencies to check your identity. Such searches may leave a ‘soft footprint’ on your credit file, but this won’t be visible to lenders and won’t affect your credit rating.

By agreeing to these Terms you are consenting to Saving P’s validating your personal identification and address via these means.

Simplified: Because we’re providing financial services, we may be required to verify your identity to help prevent financial crime. Where we have to do such checks, you won’t be able to use parts of the Saving P’s service until we’ve been able to verify your identity. The checks we run may be visible to you on your credit report, but won’t be visible to lenders and won't affect your credit rating.

15. Conflict of interest

We will endeavour always to act in the best interests of our clients; however, circumstances can arise where we or one of our other customers may have some form of interest in business being transacted for you. To ensure we can properly identify these situations and manage them appropriately, we maintain a Conflict of Interest policy that is available to you upon request.

16. Record-keeping

We will keep records related to your use of the Service in accordance with our legal and regulatory obligations, which can mean that we keep them for a period of years. Further details on our record retention policy is available upon request. You can inspect the records at any time. We treat all our clients’ records as confidential.

17. Communication

We may communicate with you by phone (e.g. text message) or email, and all our communications will be made in English. We prefer instructions to be given in writing, by email.

18. Governing Law

The Terms, which incorporate the Terms of Use, the Data & Privacy Statement, the Cookie Policy (as updated from time to time), together form the entire agreement between you and us (the “Agreement”)

The Agreement and any dispute or claim (whether contractual or non-contractual) arising out of or in connection with it, its subject matter or formation shall be governed by, and construed in accordance with, the law of England and Wales. Any proceedings arising out of or in connection with the Agreement shall be brought only in the courts of England, and each party agrees that any such proceedings shall be conclusive and binding upon it and may be enforced in any jurisdiction.

Neither party intends that the Terms should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person who is not a party to these Terms.

Simplified: The law that governs your agreement with us is the law of England and Wales. Any legal proceedings relating to this agreement will be brought in the courts of England. Only you or Saving P’s can enforce anything in this agreement.

19. Your rights

Client categorisation

The FCA has three levels of client categories, and different levels of protection apply to each category. Unless we advise you otherwise, we will classify you as a “retail client” for regulatory purposes, which gives you the highest level of protection.

Complaints

We will always try to provide you with the best possible service, but we recognise that there may be occasions where we fail to meet your expectations.

If you need help with any aspect of our service, then please contact our customer support team straight away by emailing hello@savingps.co. If you are not happy with our response and would like to make a complaint, you should email your complaint to complaint@savingps.co.

If we receive a complaint from you, we will carry out an investigation and provide you with an initial response within three business days.

We will endeavour to address all aspects of your complaint within eight weeks, and we will update you when we believe the issue is resolved. If we are unable to resolve your complaint within eight weeks we will explain to you why this has happened and will keep you updated about all measures being taken to resolve your complaint thereafter.

If you cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service. Their contact details are below:

Phone number: 0800 023 4 567 (Monday to Friday – 8am to 8pm, Saturday – 9am to 1pm)

Postal address: Exchange Tower, Harbour Exchange, London, E14 9SR

20. Financial Services Compensation Scheme (FSCS)

FSCS protects customers when authorised financial services firms fail. You may be entitled to compensation of up to £85,000 from the FSCS if we cannot meet our obligations to you. In addition, the investments you make on the basis of the recommendations we provide to you may be covered by the FSCS and you may be able to claim compensation from the FSCS if the provider of any such product is unable to meet its obligations to you (e.g. if it can’t repay the amount you have provided to it to invest).

Different types of claims may bring different levels of compensation. Further information about the compensation schemes available from the FSCS in respect of different types of financial products please visit the FSCS’s website at www.fscs.org.uk.

21. Contact

To contact us, please email hello@savingps.co.

The Saving P’s App and Website are operated by Saving P’s LTD, trading as Saving P’s. We are based in the United Kingdom and we have our office at 4^th Floor, St Cross Street, London EC1N 8UN.