Experian Terms and Conditions for MSE Credit Club

Last Modified

Version: 1
Dated: 11 July 2016

Content List

1. Definitions
2. About us
3. Important information about these Terms and Conditions
4. Our Services
5. Registration and log in information
6. Pricing
7. Providing the Services to you
8. Our liability to you
9. Ending the Services
10. Complaints
11. Changes to these Terms and Conditions
12. Other important information

1. Definitions

   References to "we", "us" and "our" in these Terms and Conditions are to Experian Limited. References to "you" or "your" in these Terms and Conditions are to you as a user of the Websites and Services.

   “MSE” means MoneySavingExpert.com Limited;

   “Credit Report Services” means the services which include the supply to an individual of Experian’s credit report for that individual or information from the individual’s credit report. The Services are further described on the Website and are provided as a component part of the MSE Credit Club.

   “Credit Score Services” means the services which include the supply to an individual of Experian’s credit score for that individual, Score Trending (if applicable), and credit score guidance. The Services are further described on the Website and are provided as a component part of the MSE Credit Club.

   “FCA” means the financial services regulatory body known as The Financial Conduct Authority of 25 The North Colonnade, Canary Wharf, London, E14 5HS. The FCA can be contacted at www.fca.org.uk.

   “FSMA” means the Financial Services and Markets Act 2000, as amended from time to time, including any conduct of business rules developed by the FCA pursuant such legislation

   “Identity Checking Service” means the Experian identity checking service that we make available to you from the Website from time to time and any replacement website we may use from time to time

   “MSE Credit Club” means the personalised tool offered by MSE which provides you with an Experian Credit Score, affordability rating for different types of credit and a Credit Hit Rate - how many of the top loans and cards you will actually get. It also gives tips on how you can boost your credit score

   “MSE Credit Club Privacy Policy” means the privacy policy displayed on MSE’s website or on any other MSE application from time to time.

   "Our Material" means content, data and materials (including but not limited to information, reports, reviews, comment and opinion) delivered to you as part of the Services (whether on a computer screen, in email or paper format) or contained in the Websites, including the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software and applets.

   “Score Trending” means an element of the Credit Score Services which generates a graphical display of changes in your personal credit score over time.

   “"Services"“ means the Identity Checking Services, Credit Score Services and if applicable, the Credit Report Services and other facilities that we may make available to you on the Websites from time to time and "Service" shall be interpreted accordingly.

   “Terms and Conditions” means the terms and conditions set out here.

   “Website” means the MSE Credit Club website or application operated by MSE through which Experian provide the Services and any replacement website or application used from time to time and which you can access by signing up at www.moneysavingexpert.com/creditclub (or such other URL as may be used from time to time).

   "Your Data" means information and data provided to us on or in connection with the Websites and/or Services, which may from time to time include Personal Data as defined by the Data Protection Act 1998 (as amended).

2. About us
   1. We are Experian Limited, a company registered in England and Wales at Companies House with company number 00653331. Our registered office is at the Sir John Peace Building, Experian Way, NG2 Business Park, Nottingham NG80 1ZZ, United Kingdom. Our VAT registration number is GB 887 1335 93.
   2. We are members of the Experian group of companies - for further information see www.experiangroup.com.
   3. For general enquiries or enquiries related to the Services Please click here.
   4. We have an arrangement in place with MSE to provide you with the Services free of charge.
3. Important information about these Terms and Conditions
   1. These Terms and Conditions relate to your use of the Services.
   2. We intend to rely on these Terms and Conditions and it is our intention that you will be legally bound by them when you use the Website or the Service. For your own benefit and protection you should read these Terms and Conditions carefully before using them. IN PARTICULAR YOUR ATTENTION IS DRAWN TO THE SECTIONS ON “OUR LIABILITY TO YOU” AND OUR “WARRANTIES AND DISCLAIMERS”. If you do not understand any point please contact us on the number set out at clause 2.3 above.
   3. We advise you to print these Terms and Conditions and keep a copy for your future reference.
   4. You may have other consumer rights granted by law and these Terms and Conditions do not affect such rights.
4. Our Services
   1. You must be aged 18 or over and resident in the United Kingdom in order to sign up for the Services.
   2. We can only verify your identity and provide you with a copy of your own personal Experian Credit Score, and if applicable, your own Experian credit report. You are responsible for ensuring that Your Data, which you verify and update and which is submitted to us via the Websites, is true and accurate.
   3. The Credit Score Services uses information from your Experian credit report to create your Experian Credit Score and to provide you with information and guidance. As part of the Services a request for your Experian Credit Score and if applicable, your Experian credit report will be made after you have successfully signed up to the MSE Credit Club, and automatically thereafter every 30 days until your access to the MSE Credit Club comes to an end in accordance with Clause 9.
   4. Where you receive the Credit Report Services, in accessing your credit report through Experian you will have access to information that is available to us in the United Kingdom and that could be taken into consideration by a lender using us as a credit reference agency. This will include public information and financial details. When you request a copy of your credit report, what we provide is a copy of the statutory credit report produced by us in accordance with Section 7 of the Data Protection Act 1998.
   5. Your use of the MSE Credit Club is your consent to our use of this data in providing the Services to you. If you do not agree that we can use this information to provide these services then you can cancel your access to the MSE Credit Club in accordance with Clause 9 below.
   6. At the point of registration a credit report footprint will be left on your Experian credit report. Requests for your Experian Credit Score and Experian credit report (which are automatically generated as part of the Services) will also leave a credit report footprint on your Experian credit report. These credit report footprints will ONLY be visible to you and NOT to any lenders. Therefore these requests will not be taken into consideration in any lending decision.
5. Registration and log-in information
   1. To be able to access the MSE Credit Club you will need to register on the Website and log-in using your unique log-in details supplied as part of the registration process (e.g. username, password). You are responsible for keeping your Website log in details confidential and they should not be shared.
   2. For security reasons and to protect confidentiality, when you register for the MSE Credit Club you will be directed to the Identity Checking Service by MSE who requires you to verify your identity in order to access the MSE Credit Club. We will verify your identity by checking your details provided during registration against details held on databases to which we have access for this purpose. In the unlikely event that we are unable to verify your identity then you will not be able to create an account. A record of this check will be kept and may be used by other organisations for verification and fraud prevention purposes. We will check your details with the records we hold and share with fraud prevention agencies. If false or inaccurate information is provided and fraud is identified, we will record this and details will be passed to the other fraud prevention agencies. Law enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering, for example, when:
   3. 1. Checking details on applications for credit and credit related or other facilities.
      2. Managing credit and credit related accounts or facilities.
      3. Recovering debt.
      4. Checking details on proposals and claims for all types of insurance.
      5. Checking details of job applicants and employees.
   4. Please contact us at Experian Ltd, PO Box 8000, Nottingham, NG80 7WF if you want to receive details of the fraud prevention agencies referred to in Clause 5.2. We and other organisations may access and use from other countries the information recorded by fraud prevention agencies.
   5. You acknowledge that we will pass information on the results of your identity verification to MSE in accordance with the MSE Credit Club Privacy Policy. If, in the future you use your account to verify your identity with a different third party, you acknowledge that at your request we will pass information on the results of your identity verification to that party too in accordance with that third party’s privacy policy based on the information you have provided to us up to the date of that request.
   6. From time to time we may need to verify your identity again for security purposes. This may be due to the time which has passed since your identity was verified, because you have not accessed your account recently, or if you have changed your personal details such as name or address. If this is required the checks that are referred to in Clause 5.2 above will be carried out again. A record of this search will also be retained.
6. Pricing
   1. The Services are provided to you free of charge.
7. Providing the Services to You
   1. We will provide the Services with reasonable care and skill and to ensure that the Services are substantially as described on the Websites and in these Terms and Conditions. The Services are provided to you for your personal use only.
   2. While we try to ensure that the Services function correctly, this may not always be achievable. We do not guarantee the Services will be available all the time or at any specific time or on all or any hardware and software which you may use (such as via a mobile phone or similar device). The Services may be temporarily suspended if our systems used to provide the Services are under repair or maintenance or are otherwise unavailable.
   3. We take steps to ensure that Our Material is free from computer viruses and other harmful computer programs. However, we cannot guarantee this due to the nature of the Internet. You are advised to use appropriate firewall and anti-virus software to protect your computer and data.
   4. We use reasonable skill and care in the sourcing and supply of the information which is made available to you on or in connection with the Services. However, in the case of information we obtain from third party sources (including the details supplied by you), we cannot guarantee that any of that information is correct, accurate, complete, error free or up-to-date. Due to the nature of the Services, the value, accuracy, and/or relevance of the information will diminish over time. For this reason, we cannot guarantee that credit scores, credit reports and other information we have supplied will continue to be accurate or up-to-date after we have provided them to you.
   5. Nothing provided by us on or in connection with the Website or Services is, or shall be deemed to constitute financial or legal advice. The information we provide is not intended to be relied on by you in making (or refraining from making) any specific decision or to replace independent professional advice. Any and all information provided by us on or in connection the Website is for general information purposes only.
   6. Your Service will include your personal credit scores designed to allow you to model "what if" scenarios using empirical and statistical data. These features are only intended to provide indicative predictive results and as such do not guarantee any particular outcome including (but not limited to) that any particular product provider will accept your application for their product or service.
   7. Except for the commitments we expressly make in these Terms and Conditions and any additional commitments arising out of your consumer rights granted by law, we do not make any other commitments or warranties about the Websites or the Services.
8. Our liability to you
   1. For further information about your legal rights and how they may be affected by these Terms and Conditions including this section on our liability to you, we advise you to contact your local Citizens Advice Bureau. If any problems arise with your use of the Services please contact us as soon as possible.
   2. Nothing in these Terms and Conditions excludes or limits our liability in respect of (a) death or personal injury caused by our negligence, (b) our fraud, (c) any other matter which it would be illegal for us to exclude or limit or to attempt to exclude or limit our liability, or (d) our duties or liability under the FSMA.
   3. We are not responsible to you for any loss or damage suffered by you which was not a reasonably foreseeable or obvious consequence of us breaching these Terms and Conditions - for example, if you and we could not have anticipated those losses before or when you used the Services or it was not obvious that those losses would result.
   4. We are not responsible to you for losses which you suffer due to any events beyond our reasonable control.
   5. We are not responsible to you for losses which you suffer which are not directly caused by our actions (or our failure to act).
   6. Unless we have been negligent then we are not responsible to you for any damage caused to any hardware or software used to access, use or download the Services.
   7. We are not responsible to you for losses you suffer under any contract you have with a third party through which your access to the Services and/ or any Website is arranged or paid for.
   8. Except as otherwise stated in these Terms and Conditions, our aggregate liability to you arising out of or in connection with each Service (including the Websites from which the relevant Service is provided) shall not exceed £100.
   9. Our liability to you shall not include the following business losses that you may incur: lost business data, lost profits, lost earnings, business interruption or reduction in the value of an asset. We shall not be liable to you for any business losses if the Service is provided for your own personal use as a consumer.
9. Ending the Services
   1. You are free to stop using the MSE Credit Club at any time. Please note that as you receive the Services for free you do not have a right to any refund from us.
   2. You may cancel your access to the MSE Credit Club at any time by clicking on the opt out link in the Website.
   3. We may terminate or suspend your access to the MSE Credit Club and/or your use of the Services without notifying you if:
   4. 1. in our view there has been a serious failure by you to comply with your responsibilities in these Terms and Conditions (for example misuse of Our Materials or for fraud), or
      2. we are unable to verify your identity in accordance with Clause 5.2; or
      3. you receive access to the MSE Credit Club and/or the Services as part of an arrangement you have with MSE and your right to access the MSE Credit Club and/or such Services comes to an end or MSE requests us to cancel your access.
   5. If we do so, we may delete our records of your registration details and Your Data without liability to you.
   6. We may cancel your membership to the Services by giving you no less than 30 days’ written notice.
10. Complaints
    1. We are sorry if you feel the need to complain. We want to hear from you because telling us gives us the chance to put matters right for you, and see how we can improve what we do for others. Whatever way you complain to us, we will take notice.
    2. Contact us by whichever of the following means suits you best. You do not need to ask anyone to make a complaint on your behalf. Whenever possible, we prefer to hear about your complaint in your own words.
    3. 1. You can call us on 0344 481 8197
       2. You can send us a letter: Customer Relations Team, Experian, PO BOX 8000, Nottingham, NG80 7WF;
       3. You can email us: complaints@uk.experian.com.
    4. To help us investigate your complaint, please tell us:
    5. 1. Your full name, address and preferred daytime phone number and your email address;
       2. A description of the circumstances and facts that have given you reason to complain
       3. The impact that this has had on you;
       4. Any reference numbers or account numbers.
    6. We will try to resolve your complaint quickly and where possible, we will try to resolve your complaint immediately. If we can’t do this, we will investigate your complaint and get back to you.
    7. If we haven’t been able to resolve things for you immediately, we will acknowledge your complaint within 5 business days. Whether we can resolve your complaint immediately or not, we may contact you to ask for clarification or to discuss options with you.
    8. We’ll update you after 4 weeks if we haven’t finished our investigation by that time. In most cases, we will give you our final response within 8 weeks of your complaint. Our final response will tell you what we have found, what we will do and why we came to that conclusion.
    9. If we cannot resolve things under that procedure, then you may have the right to refer your complaint, free of charge, to the Financial Ombudsman Service. The contact details for the Financial Ombudsman Service are:
    10. F Telephone: 0300 123 9 123, or from outside the UK +44 20 7964 1000
        E: complaint.info@financial-ombudsman.org.uk
        W: www.financial-ombudsman.org.uk
        
        Financial Ombudsman Service
        
        South Quay Plaza
        183 Marsh Wall
        London
        E14 9SR
    11. If you are a consumer and complaining about a contractual issue, you may be able to register your complaint using the European Commission Online Dispute Resolution (ODR) platform. This is a web-based platform that is designed to help consumers who have bought goods or services online to deal with issues arising from that purchase. You can access the platform at the following website address: http://ec.europa.eu/consumers/odr/.
11. Changes to these Terms and Conditions
    1. Sometimes we may have to make changes to these Terms and Conditions. You can tell when changes have been made by checking the version and date on which they were last modified indicated at the start of these Terms and Conditions.
    2. We will not notify you individually of any changes in these Terms and Conditions. It is therefore important that you check these Terms and Conditions regularly and in particular on each occasion when you request Services.
12. Other important information
    1. These Terms and Conditions are a contract between you and us and form the entire agreement between us. No-one except us and you has any right to enforce these Terms and Conditions by virtue of the Contracts (Rights of Third Parties) Act 1999.
    2. You may not transfer any or all of the rights granted to you under these Terms and Conditions to any other person.
    3. We may in our discretion discontinue or modify the Services at any time. We will try to ensure that any such discontinuation or modification does not materially adversely affect the nature of the Services provided to you.
    4. You must not create hypertext links to the Websites without our prior written permission.
    5. All communications between us will be conducted in the English language.
    6. Any notices we send to you will be sent to the most recent e-mail address or postal address provided to us by you.
    7. English law applies to these Terms and Conditions. If any disputes arise between you and us in relation to these Terms and Conditions and you want to take court proceedings, you must do so in the English courts unless you reside in Scotland, Wales or Northern Ireland, in which case you may do so in the courts of the country in which you reside.