Terms of Service

The boring-but-important legal stuff (with added explain-y bits)

 

1. What’s in these Terms and Conditions?

These Terms and Conditions (“Terms”) set out the terms under which you can use the On The Money website, platform, software and app (the “Service”) provided by Sterling Group Ltd trading as On The Money (“OTM”, “OnTheMoney”, “we”, “our”, etc.).

This includes anything — including text, files, logos, trademarks, graphics, information, usernames, images, photos, profiles, applications, links, created tasks and associated information, text, files and other content or materials (together, the “Content”) — you upload, download, or that appears on our websites, applications or platforms.

These Terms should be read in conjunction with our Privacy Policy (which explains the way we collect and use your information).

Both the Terms and Conditions and the Privacy Policy affect your legal rights and obligations and we may change these at any time.

If you do not agree to both of these policies, please don’t access or continue to use any of our services.

👋 Essentially, this section just says that:

1. We’re On the Money (part of the Sterling Group LTD)
2. Like most businesses, we use your information to provide a better service.
3. You should check out our privacy policy too
4. If you don’t feel comfortable agreeing to the Terms and Conditions, you shouldn’t use the site.

2. About Us

Sterling Group Limited is registered in England and Wales (Company Number 02715685).

Our registered company address at 46 Alexandra Street, Southend-On-Sea, Essex, SS1 1BJ.

We are authorised and regulated by the Financial Conduct Authority (Registration number 688589) and registered with the Information Commissioner’s Office (Registration number Z9196046).

Use of the Service is subject to all of the Terms set out below:

• On the Money is for your personal use only, by customers who live in the UK.
• Our services are free for you to use.
• When you use a service or buy a product through our sites, we may receive a fee and/or commission from the provider.
• It’s your sole responsibility to ensure that any information you provide is accurate and complete. If you enter incorrect information, the product or service you take out through our sites may not be valid and you may be subject to additional charges.
• It’s your sole responsibility to make sure that the product matches your requirements.
• If you buy a product through our sites, you will also be subject to the provider’s terms of use and privacy policy (which may be different from ours). You should read those carefully.
• We may amend these terms and conditions at any time and without notice by changing this page, so you should check these Terms of Use each time you use the Sites.

👋 Essentially, this section just says that:

1. We’re On the Money (hey!)
2. We are authorised and regulated by the Financial Conduct Authority
3. We’re registered with the Information Commissioner’s Office
4. You should only use our site if you live in the UK
5. Our services are completely free to use. (Although sometimes we get paid by your lender or provider.)
6. It’s your responsibility to ensure that the information you provide is 100% accurate and complete.
7. It’s your responsibility to make sure that the stuff you apply for is what you need.
8. If you use our site to find a deal, you will also be subject to the provider’s terms of use and privacy policy too.

3. About You

Creating an On the Money account acts as confirmation that you are over 16 years old and that all information you provide is accurate.

You are responsible for protecting the password and any other information you provide as part of our log-in and security procedures.

You must not let anybody else know your password. If you become aware of a security breach or think somebody has unauthorised use of your account, let us know right away.

You must not access or use another user’s account without permission.

We have the right to suspend or disable your account for any reason. This may be done on a temporary or permanent basis.

When you set up an On the Money account, you agree that we may act on your behalf to liaise with lenders, providers and any other third parties involved in the application processes.

You also acknowledge that we are unable to guarantee that your applications will be approved, but will always seek to find you the best product available based on your situation and circumstances.

If your application is approved, we have no responsibility to ensure that the product or service provider is entered into or fulfilled, since it is a matter between you and the product or service provider.

If you decide to complete an application through a third party, you consent to your information being shared with those third parties.

To understand how those third party application providers utilise your Content and other information, you should review their terms and privacy policy.

👋 Essentially, this section just says that:

1. You confirm you’re over 16 years old. (No fake moustaches or sitting on your friend’s shoulders under a long coat, thank you.)
2. You’re responsible with coming up with a strong password and protecting it.
3. If you think somebody has unauthorised access to your account, you should let us know.
4. Likewise, you shouldn’t access or use somebody else’s account without their permission.
5. We have the right to suspend or disable your account for any reason. (Although, we usually only do this for security reasons or breach of contract.)
6. You’re happy for us to liaise on your behalf with lenders and service providers.
7. Once we’ve found you a deal, we cannot make any guarantees about the end result, as you’re dealing with a third party.
8. We share your info with third parties to make sure we find you the best possible deal.

4. Using our website

We regularly review our website and app to make sure that it is always up to date.

Sadly, we cannot guarantee that our site will always be available or be uninterrupted.

You must not use the website in any way that is unlawful or fraudulent. (See below) If we suspect you are doing something unlawful or fraudulent, we reserve the right to suspend or close your account without notice.

You must not change or modify On the Money or use our website or app for any illegal or unauthorised purpose.

You agree to comply with all laws, rules, and regulations applicable to your use of the Service and the content, including UK copyright laws.

👋 Essentially, this section just says that:

1. We regularly review our website to make sure it’s up to date
2. We can’t guarantee that our site will always be live. (As hard as we try, things happen sometimes…)
3. You must not use our website or app for anything illegal, fraudulent or otherwise dodgy.
4. You must not use our website for any illegal or unauthorised purposes.
5. You agree to comply with all UK laws when using our site.

5. Using the On The Money app

When you use the On The Money app you agree the following:

a. We can collect the personal details you give us when you use the app or website. This may include information about you, your home, your financial circumstances, your use of utilities, insurances, your car, the things you own and your lifestyle.
b. We will use this personal information:
i. to complete any applications you may make
ii. to send you emails, in-app messages and push notifications to help you use On The Money
iii. to alert you to any changes to our services (e.g. changes to our Terms and Conditions)
iv. to provide you with relevant alerts (for example, when insurance, car tax or MOT are due to expire)
v. to provide you with offers we believe will save you money
vi. to provide you with a regular email to keep you updated on the status of the deals that you are interested in
c. For other services you use through the app, such as credit monitoring services, we will provide you with communications and process your data in accordance with the relevant section of these Terms and Conditions and our Privacy Policy.
d. To turn off communications from the On The Money app, you can go to your On The Money app settings or follow the links included at the bottom of our emails
e. To unsubscribe from any services provided through the On The Money app or to stop any processing of your data, unsubscribe in the On The Money App.

f. Our app provides reminders of when bills and tasks need reviewing and completing. However, it should not be relied upon solely to ensure that these tasks are completed on time.

g. We reserve the right to stop providing the On The Money App services at any time upon reasonable notice.

👋 Essentially, this section just says that:

(Holy moly, this is a long section! Deep breath and go…)

1. We’ll collect information about you to help you find the best deal. This may include things about your home, your financial circumstances, your use of utilities, insurances, your car, the things you own and your lifestyle.
2. We’ll use that information to: send you emails, in-app messages, push notifications, alerts when things like MOT or insurance are going to expire, offers we think will save you some cash and updates on the status of your deals.
3. If you sign up to the credit monitoring service we offer, you’ll have to do a bit more reading down the page…
4. You can turn off notifications — or unsubscribe altogether — in the On the Money app

1. While we try to give you useful reminders for things like bills or tasks that need completing, we shouldn’t be relied upon solely. (It’s too much pressure!)

6. User generated content

a. You are not permitted to use On the Money to:
do anything that is unlawful, harmful, fraudulent, threatening, defamatory, embarrassing, distressing, infringing, abusive, inflammatory, intimidating, harassing, libellous, stalking, profane, obscene, indecent, inappropriate, hateful, discriminatory or racially, ethnically, sexually or otherwise objectionable or for the purpose of harming or attempting to harm minors in any way;
do anything which violates the rights of others (such as rights of privacy);
impersonate any other person or falsely state or otherwise misrepresent yourself;

b. We reserve the right to review or monitor user content. However, we are not responsible or liable for the review or monitoring of any user content.
c. We reserve the right to close, delete, edit, refuse to post, amend, modify or remove your content at our sole discretion for any reason and without notice.

👋 Essentially, this section just says that:

(Are these sections getting longer and longer?!)

1. While you’re using the site, you’re not allowed to do anything that is against the law or harmful to other people or violates their rights
2. You’re also not allowed to impersonate any other person or to give false information about yourself
3. You shouldn’t share or make public any personal information of any other On the Money users
4. You shouldn’t send any unauthorised or unsolicited advertising or marketing, including links to community groups or forums (unless we give you written permission)
5. We have the right to review all User Content and delete it or change it if we see fit.
6. We are not responsible for any User Content found on the site.

7. Content Ownership

Our content

Unless otherwise stated, all content contained on our site or app is protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorised use of the Content may violate such laws and these Terms.

Unless we expressly provided them in these Terms, we do not grant any express or implied rights to use the Content in any way.

Your content

We claim no ownership rights over the Content submitted or created exclusively by you in your On The Money Service account (User Content). Any content that is yours remains yours. These Terms do not grant us any licences or rights to your user content except for the limited rights needed for us to provide the Service to you.

You represent and warrant that:
(i) you own the User Content posted by you on any of OTM’s websites or in the app, and if a or permission is required, you confirm that you already have it;
(ii) the posting and use of your Content on or through the Service does not violate, misappropriate, or infringe on the rights of any third party, including privacy rights, publicity rights, copyrights, trademark, and/or other intellectual property rights;
(iii) if there are royalties, fees, and any other monies owed by reason of User Content you post on or through the Service, you agree to pay them.

You agree not to rely on the Service for the purposes of User Content backup or storage. We will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content. You further acknowledge that the Internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.

You acknowledge we do not have any obligation to prescreen, monitor, edit, or remove any User Content. If your User Content violates these Terms or any laws, you will bear the sole legal responsibility for that Content.

Except as detailed in our Privacy Policy [create link] you agree that the User Content you provide will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of such User Content.

By using our Service you agree we may access your User Content to determine how we can improve our Service and to determine customer satisfaction. You further agree we may use any reporting data we collect from your use of our Service as long as the data is anonymised and does not identify you, so we can combine this data with the anonymised data of other companies to provide benchmarking, public reports or to otherwise use it to provide the Service.

We may support our Service by advertising revenue. You hereby agree that we may place such advertising and promotions on the Service or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

👋 Essentially, this section just says that:

1. In almost every case, the content on the site belongs to us and is covered by all the usual laws concerning intellectual property.
2. All the information you enter, however, belongs to you.

8. Our right to withdraw or suspend the services

We may withdraw or suspend our Services at any time and for any reason. If you are registered with us, we will contact you to let you know that we are going to suspend or stop providing the Service. In some circumstances we may need to withdraw or suspend our Services without notice – for example if that reason is beyond our reasonable control.

👋 Essentially, this section just says that:

(Finally, a short one!)

1. We may stop offering our services at any time. If that happens, we’ll try to give you as much notice as we possibly can.

Trademarks

The On The Money and OTM name and logo are our trademarks. They may not be copied, imitated or used, in whole or in part, without our prior written permission.

In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated or used without prior written permission from us.

👋 Essentially, this section just says that:

(Another a short one. Are we nearly at the end?! Surely not…)

1. We own all the stuff on this site. If you want to use it for something, ask us first!

9. Account Communications

SMS messages

By creating an Account, you agree that we may send you informational and promotional text (SMS) messages as part of the normal business operation.

You may opt-out of receiving text (SMS) messages from us at any time by texting the word STOP to the number notified to you within the messages.

You acknowledge that opting out of receiving text (SMS) messages may impact your use of On the Money services.

10. Alerts and Notifications

You may also receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the app (“Notifications”).

You have control over the Notifications settings, and can opt in or out of these notifications (with the possible exception of infrequent, important service announcements and administrative messages).

👋 Essentially, this section just says that:

(Another a short one. Are we nearly at the end?! Surely not…)

1. We’ll send you texts and notifications when stuff happens we think you should know. You can opt out of all of these if you want.
2. However, you can’t opt out of the important messages that we think you absolutely have to know. (Things like suspected fraud, etc…)

11. Disclaimer of Warranties

The Service, including, without limitation, our Content, is provided on an “as is” basis.

To the fullest extent permissible by law, neither we nor any of our employees, managers, officers, contractors, suppliers, licensors, or agents (collectively, the “On The Money Parties”) make any representations, or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Service; (b) our Content; (c) User Content; or (d) security associated with the transmission of information to us or via the service with the sole exception of warranties (if any) which cannot be expressly excluded under applicable law.

We cannot and do not represent or warrant that the service will be error-free or uninterrupted, nor that defects will be corrected or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses and security breaches of any kind.

We do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful. You acknowledge that your use of the service is at your sole risk.

We do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability, or other cause of any kind or character based upon or resulting from any content.

👋 Essentially, this section just says that:

(I just read the word warranties so much it’s started to look like it’s not a real word.)

1. You agree to use the website “as is” or, basically, however you find it.
2. You use On the Money at your own risk.
3. Presenting you deals from lenders and providers should not be taken as an endorsement for their products or services.

12. Account Limitations

If we suspect that you are failing to comply with these Terms — or if we detect or suspect illegal or improper use of the Service — we will suspend, terminate, modify, or delete accounts or access to all or part of the Service with notice.

We are under no obligation to compensate you for any loss of access to any of your content as a result of account limitation or termination. Nor are we under any obligation to compensate you for the loss of any benefits attained through use of the Service.

If we believe you are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently our Terms, we may:

limit, suspend, or terminate the service and your accounts (or portions thereof)
prohibit access to our services and sites, and their content, and tools, delay
remove hosted content
take technical and legal steps to prevent you from accessing the service

We reserve the right to stop offering and/or supporting the Service or a particular part of the Service at any time. We will do this either permanently or temporarily, without notice.

If we do so, we are not required to provide refunds, benefits or any other form of compensation to users in connection with such discontinued elements of the Service.

👋 Essentially, this section just says that:

(You’re still reading? Kudos.)

1. We can delete your account and prevent you accessing On the Money if we think you’re not following these terms and conditions.
2. If we do terminate your account, we are under no obligation to compensate you or provide you with any further assistance.
3. Presenting you deals from lenders and providers should not be taken as an endorsement for their products or services.
4. Worst case scenario, we can take legal action to stop you accessing the site.

13. Limitation of Liability; Waiver

Under no circumstances will the On The Money parties be liable for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages) that are directly or indirectly related to:
(a) the service;
(b) our content;
(c) user content;
(d) your use of, inability to use, or the performance of the service;
(e) any action taken in connection with copyright or other intellectual property owners;
(f) any errors or omissions in the service’s operation; or
(g) any damage to any user’s computer, mobile device, or other equipment or technology. This includes, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure.

It also includes any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction.

This applies even if foreseeable or even if the On The Money parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, Acts of God, telecommunications failure, or theft or destruction of the service).

In no event will the On The Money parties total liability to you for all damages, losses or causes or action exceed one hundred pounds sterling (£100.00).

You agree that in the event you incur any damages, losses, or injuries that arise out of our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product, or other content owned or controlled by the On The Money parties.

You will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition, or exploitation of any web site, property, product, service, or other content owned or controlled by the On The Money parties.

We are not responsible for the actions, content, information, or data of third parties, and you release the On The Money parties from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

👋 Essentially, this section just says that:

(Hang in there, we’re nearly at the end.*)

1. We are in no way liable for any loss or damages that happen as a result of using On the Money
2. We’ll only pay compensation for loss or damage up to the total of £100.
3. This applies even if we should have been aware or fixed the situation that led to the loss or damage.

(*That was a note to myself.)

14. Indemnification

You agree to release, discharge, defend (at our request), indemnify, and hold harmless the On The Money Parties from and against any claims, liabilities, damages, losses, and expenses.

This includes, without limitation, reasonable legal fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):
(i) your Content or your access to or use of the Service;
(ii) your breach or alleged breach of these Terms;
(iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right;
(iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
(v) any misrepresentation made by you.

You will also indemnify and hold the On The Money Parties harmless from and against any claims brought by third parties arising out of your use of the Services.

You agree to fully cooperate with us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you.

You agree you will not under any circumstances settle any claim without our prior written consent. Notwithstanding the foregoing, you agree to bear all costs and expenses in the defence of any claim.

You agree to release, discharge, defend (at our request), indemnify, and hold harmless the On The Money Parties from and against any claims, liabilities, damages, losses, and expenses, including any claims brought against Us by third parties arising out of your use of the Services.

This includes reasonable legal fees and costs arising from or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):
(i) your Content or your access to or use of the Service;
(ii) your breach or alleged breach of these Terms;
(iii) your violation of any third-party right, any intellectual property right, publicity, confidentiality, property, or privacy rights;
(iv) your violation of any laws, rules, regulations; or
(v) any misrepresentation made by you.

👋 Essentially, this section just says that:

1. Should a situation ever arise, you will not hold On the Money accountable nor liable for any expenses or fees.

15. Assignment

You may not assign these Terms, assign any rights or any obligations, in whole or in part, without our prior written consent.

We may assign these Terms or any rights hereunder without your consent and the Terms will take effect to the benefit of, and be enforceable by, our successor.

👋 Essentially, this section just says that:

1. You cannot transfer your account to another person

16. Severability

If any part of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions will remain in place.

If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

👋 Essentially, this section just says that:

1. If a part of these Terms and Conditions is found to be unlawful, the rest of the terms remain valid.

17. Exclusion of Third-Party Rights

These Terms are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party.

The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.

👋 Essentially, this section just says that:

1. These terms and conditions are for your benefit and ours. They are not intended to benefit any third party.

18. Termination

We may terminate this Agreement at any time. We can do this with or without notice and for any reason. We shall have no liability to you or any third party because of a termination or action.

👋 Essentially, this section just says that:

1. We can terminate this agreement at any time.
2. If we terminate this agreement, we don’t have to give you notice or reason.

19. Entire Agreement

These Terms constitute the entire agreement between you and us and governs your use of the Service, superseding any prior written or oral agreements between you and us.

👋 Essentially, this section just says that:

1. The Terms here are the ones you agree to.
2. Anything mentioned in previous communications or conversations that contradicts this document is no longer valid.

20. Law and Jurisdiction

These Terms will be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England & Wales.

👋 Essentially, this section just says that:

(This section is surprisingly clear!)

1. These terms are governed by English law. Any disputes will be dealt with according to the courts of England and Wales.

21. These Terms are effective as of 17/11/2020.

We reserve the right to change or amend these Terms and/or our Service at any time.

The latest changes will be effective as of the time of posting and will apply to your use of the Service from that point forward.

We recommend you review these Terms on a regular basis as continued use of the Service following any changes constitutes your agreement to the revised Terms.

👋 Essentially, this section just says that:

WE MADE IT! This must be what Tom Hanks felt like at the end of Castaway.

1. We sometimes edit and change these Terms and Conditions. Any changes are effective from the moment they are changed.
2. Make sure you check the Terms and Conditions regularly.