1.1 Yayzy Limited (“Yayzy”, “our”, or “us”) is a company registered in England and Wales whose registered office is at 2 Minster Court, City of London, EC3R 7BB, London, UK, and whose registered number is 12272318.
2. the service
2.1 Yayzy provides a service that provides an estimation of your carbon footprint based on your purchase data and allows you to track the estimation of your carbon footprint, purchase carbon offsets and discover retailers based on their sustainability ratings as outlined by Yayzy (the “Service”). By using the Service, you warrant that you are at least 18 years old and a resident of the United Kingdom.
2.2 The Service will allow you to: • upload details of your accounts maintained at third party sites (“Accounts”); and • access details of transactions and balances on Accounts.
2.3 The purpose of the Service is to help you make more sustainable choices. Based upon our Algorithm, we estimate the carbon footprint of your transactions and provide other elements that are displayed to you.
2.4 You acknowledge and agree that the Service is not endorsed or sponsored by the providers of your Personal Accounts.
2.5 You acknowledge that by purchasing a subscription or carbon offset product sold by Yayzy either through its app or website, you are paying a margin of the purchase to Yayzy. This margin is included in the price of the subscription and carbon offset product, and you agree to pay it in exchange of the service provided by Yayzy.
3. access to the service
3.2 You must not allow anyone to access the Service on your behalf. You must treat as confidential the information you provide as part of our security procedures, and you must not disclose it to any third party.
4. access to personal accounts
4.1 To use the Service, you must link your Personal Account to Yayzy through our Trusted Partner, TrueLayer LTD (“TrueLayer”). Our Trusted Partner will then automatically download transactional information relating to your Personal Account(s) and continue to do so at certain times until you withdraw your consent for it to do so. Our Trusted Partners will only provide us with a ‘screen grab’ of your Personal Account transaction information and will not initiate any payments from your Personal Account(s).
4.3 You are permitted to use content delivered to you through the Service only on our site or App. You may not copy, reproduce, distribute, or create derivative works from this content.
4.4 By providing your account details to our Trusted Partners, you agree and grant our Trusted Partners permission to aggregate your personal data, which may then be stored outside of your own country to the extent permitted by applicable law.
4.5 You agree that when we retrieve your information relating to your Personal Accounts or your information required as part of the provision of the Service, we are doing so as your representative and, on your behalf, and not on behalf of or in the name of any third party.
4.6 You agree that we will be entitled to disclose your identity and information relating to your Personal Account(s) to third parties if we are required to do so by any applicable law or court order.
4.7 We do not check the accuracy of the Personal Accounts information and personal information you provide to us and we rely on you and your Personal Account providers to ensure that the Personal Accounts information and personal information you provide to us is up to date and accurate.
4.8 By using the Service, you represent that you are the legal owner of the data in your Personal Accounts and that you have the authority to appoint, and do expressly appoint, our Trusted Partners and/or its third party providers as your agent and grant a limited power of attorney to access and retrieve such data on your behalf.
4.9 For our compliance purposes and in order to provide the Service to you, you hereby authorise us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and Personal Account information. When you register for the Service and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you.
4.10 You agree that our third-party services providers are third-party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such service providers were a party to these Terms.
5. your privacy and cookies
6. your behaviour towards Yayzy
6.1 You must not access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same) any part of the Service or its security measures, any servers, other equipment or networks connected to the Service or on which it is stored or any software used in the provision of the Service, including in each case by transmitting any worms, computer viruses, malware, logic bombs, Trojan horses, spyware, harmful components or any other software, code or data of a corrupt, destructive, malicious or disruptive nature (together “Viruses”).
6.2 You may not inject content or code or otherwise alter or interfere with the way any page of the Service is rendered or displayed in a user’s browser or device.
6.3 You must not access the Service via a means not authorised by Yayzy, including, but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies which are used by a search engine with Yayzy’s express written consent).
6.4 You must not change, modify, adapt or alter the Service or change, modify, adapt or alter another website so as to inaccurately imply an association with the Service or with Yayzy.
6.5 Yayzy does not accept unsolicited content, information, ideas, suggestions or other materials except where Yayzy has set out specific criteria and conditions for submitting them and you agree not to submit them except in accordance with those criteria and conditions.
6.6 Where you do submit unsolicited content, information, ideas, suggestions or other materials submitted in breach of this paragraph 6, you agree that we may use such content, information, ideas, suggestions or other materials for any purpose whatsoever, including, without limitation, developing and marketing products and services without any liability or payment or recognition of any kind to you.
7. third party packages and services
7.1 Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to the Service, is subject to the rules and policies of the relevant website or service. Please read the rules and policies applicable to that website or service before proceeding.
7.2 The Service, or communications from it or comments within it, may include links to third-party websites, applications or features (“Third Party Services”). These links are provided for your information only.
7.3 Yayzy does not control, maintain or endorse Third Party Services and you acknowledge and agree that your use of them is at your own risk. We assume no responsibility for the content or operation of Third Party Services and we will not be liable for any loss or damage that may arise from your use of them (or such content).
8. web data: charges and security
8.1 You agree that you are responsible for any and all data charges you incur from mobile service providers, internet service providers or other data providers in using the Service.
8.2 We cannot guarantee that the Service will always be free from Viruses. You are responsible for configuring your information technology (including your mobile telephone) in order to access the Service and for the security of your internet connection. You should use your own virus protection software.
9. our right to vary these terms
9.1 We expect to need to update or amend these Terms from time to time to comply with law or to meet our changing business requirements.
10.1 You expressly understand and agree that:
• Your use of the Service and all information, products and other content (including that of third parties) included in or accessible from the Service is at your sole risk. • The Service is provided on an “as is” and “as available” basis. Our Trusted Partners and us expressly disclaim all warranties of any kind as to the Service and all information, products and other content (including that of third parties) included in or accessible from the Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
10.2 Our Trusted Partners and us make no warranty that:
• The Service will meet your requirements. • The Service will be uninterrupted, timely, secure, or error-free. • The results that may be obtained from the use of the Service will be accurate or reliable. • The quality of any products, services, information, or other material purchased or obtained by you through The Service will meet your expectations. ·Or any errors in the technology will be corrected.
10.3 Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from our Trusted Partners or us through or from the Service will create any warranty not expressly stated in these Terms.
11. our liability
11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
11.2 We only provide the Service for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We do not in any way exclude or limit our liability for:
• Death or personal injury caused by our negligence • Or fraud or fraudulent misrepresentation.
11.4 Subject to clause 13.3, and to the extent permitted by applicable law, our Trusted Partners will not be liable to you in connection with the Service (including your use or inability to use the Service) for:
• Loss of profits or goodwill. • Any statement or conduct on or via the Service by any third party. • Loss of data which is caused by factors other than negligence or breach of statutory duty on the party of us or our Trusted Partners. • The acts or omissions of the providers of your Personal Account(s). • The cost to you of obtaining goods or services as substitutes for the Service.· Any other loss or damage suffered by you in connection with the Service.
11.5 We are not a financial adviser, and the Service is not intended to provide financial advice. Your financial situation is unique. We do not make any representations, warranties, or guarantees of any kind that the Service is appropriate for you.
12.1 You agree to protect and fully compensate our Trusted Partners and us and our affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable solicitors’ fees) caused by or arising from your use of the Service, your violation of these Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
13. termination and suspension
• Immediate, temporary or permanent withdrawal of your right to use the Service. • Issue of a warning to you. • Legal proceedings against you for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. • Further legal action against you; and/or • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
13.2 The responses described above are not limited and we may take any other action we reasonably deem appropriate.
14. linking to our website
14.1 You may link to any page of our Website, provided that you do so in a way that is legal and that does not damage or take advantage of our reputation nor seeks to do so.
14.2 You must not suggest any form of association, approval or endorsement on our part where none exists.
14.3 You must not remove, obscure or modify any advertisements, copyright notice or other information on our Website. Our Website must not be framed on any other website.
15. General provisions & applicable law
15.7 Nothing in paragraph 15 will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdiction preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
16. cancelling your account
16.1 You may cancel your user account at any time. Note, extended periods of inactivity may also result in cancellation or Account Information stored in the Service being made unavailable. To cancel your account, go to Account Settings / Close Account, alternatively email firstname.lastname@example.org with your primary email address.
17. Enquiries & complaints
17.1 If you have an enquiry or complaint about the Service, or simply wish to get in touch, you should contact our customer services team via our email email@example.com. In the event that you have a complaint we cannot settle, you may be entitled to refer it to the Financial Ombudsman Service (FOS). Further information about the FOS is available from their website www.financial-ombudsman.org.uk. You may also submit a dispute for online resolution by using the European Commission Online Dispute Resolution Platform at https://webgate.ec.europa.eu/odr/. You may also submit a complaint to the Information Commissioner’s Office at https://ico.org.uk/make-a-complaint/
17.2 If you have an enquiry or complaint on TrueLayer, who is providing the regulated Account Information Service and who is authorised by the FCA as an Authorised Payment institution (Reference Number: 901096), you have to recourse to TrueLayer as our Principal, and further recourse to the Financial Ombudsman service (FOS). https://truelayer.com/contact/