Terms and Conditions

This site is operated by Elementary Marketing Ltd. (T/A Trakkit). Registered in the UK, Company No. 10139524. Our Registered office address is Kemp House, 160 City Road, London, EC1V 2NX, United Kingdom.

Please read these terms and conditions carefully before using the Site. You should understand that by using the Site, you agree to be bound by these terms and conditions.

If you do not accept these terms, do not use the Site. By signing up to Trakkit and/or using the Service (as defined below) you agree to be bound by the Service Terms of these terms and conditions.

If we make significant changes to these Terms and Conditions, we will inform you by updating this document. We may also notify you by other means such as sending an email or displaying a notice of change on our home page.


The Website

Access to the Site

We shall not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, we may restrict access to all or some parts of the Site to users who have registered with us.

Only one registration per person is allowed. You must keep your registration information up to date. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.

You must not:

  • Impersonate or try to impersonate another person;
  • disclose your password to anyone else
  • allow anyone else to use your account
  • use anyone else's account

If you think that someone else may have access to, or be using, your password or account, you must tell us as soon as possible by emailing customersupport@trakkit.co.uk

We reserve the right to restrict or deny you access to all or some parts of the Site if, in our opinion, you have failed to comply with these Terms.

Intellectual Property and Permitted Use

We are the owner or licensee of all intellectual property rights in the Site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print and download extracts from the Site for personal non-commercial use on the following basis:

  • no documents or images are modified in any way
  • no graphics are used separately from accompanying text; and
  • no copyright and trade mark notices are removed

You agree not to:

Use the Site for commercial purposes without obtaining our prior written agreement Copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any content of the Site except as permitted above

Material Submitted by You

Except for information that identifies you personally (e.g. your name, address, telephone number, email address and payment details), any material which you submit will be considered non-confidential and non-proprietary such that we shall have the right to use, copy, distribute and disclose it to third parties for any purpose.

We are not obliged to use material submitted by you and we may remove from the Site and our database any of the material submitted by you at our sole discretion. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone submitting inappropriate material.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials submitted by you.

Data Protection and Privacy

We use and process your personal information in accordance with our Privacy & Cookies Policy. We hold a data protection registration and comply with the Data Protection Act 1998.

Third Party Content and Links

We are not liable or responsible for the third party content on the Site. Third party content includes, for example, display advertising.

Where the Site contain links to other sites and resources which are provided by third parties, these links and resources are provided for your information only and you access them at your own risk. We are not liable or responsible for the content of third party sites or resources.

Our Liability

The material contained on the Site is for information purposes only and does not constitute advice. You should carry out your own check in respect of any information on the Site and use your own judgement before doing or not doing anything on the basis of what you see.

The materials on the Site are provided "as is" and we give no warranties of any kind in relation to the materials on the Site.

We are not liable for:

  • any action you may take as a result of relying on any information/materials provided on the Site or for any loss or damage suffered by you as a result of you taking such action; or
  • any dealings you have with third parties (e.g. suppliers of goods or services or advertisers) that take place using or facilitated by the Site;
  • any liability for any third party content or resources on the Site; or
  • any liability for losses which are not a foreseeable or likely consequence of (i) your use of the Site, or (ii) a breach by us of these Terms.

We are not responsible if you cannot use the Site properly or at all because of any event outside our control (e.g. the performance of your or our internet service provider, your browser or the internet.)

We do not guarantee that the Site will be error free, available all the time and/or free from viruses.

Validity of these Website Terms

If any part or provision of these Website Terms is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.

Applicable Law and Jurisdiction

These Website Terms are governed by English law. The English courts shall have exclusive jurisdiction over any claim brought by you arising from, or related to, use of the Site and these Website Terms.


Service Terms and Conditions

The Service

Trakkit provides a personal money management service that allows you to aggregate and track your financial information (the "Service"). You must be over 18 years old and a resident of the United Kingdom to use the Service.

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 uploaded.

As part of the Service, Trakkit may also provide information (itself or using suppliers) relating to third party products or services based on the financial information that you access.

Personal information will be used and processed in accordance with the Trakkit Privacy and Cookies Policy.

You must not allow anyone to access the Service on your behalf. If you choose, or you are provided with a user identification code, password or any other piece of information as part the Service's security procedures, you must treat such information as confidential and you must not disclose it to any third party.

Provision of Accurate Information

You agree to provide true, accurate, current and complete information about yourself and the Accounts and you agree not to misrepresent any information relating to your Accounts or your identity ("Account Information"). You agree to keep your Account Information up to date and accurate.

Proprietary Rights

You are permitted to use content delivered to you through the Service only on the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Service technology.

Content You Provide

You are licensing Trakkit and its service providers, any information, data, passwords, materials or other content (collectively, "Content") you provide through or to the Service.

Trakkit and Service Provider may:

  • Use, modify, display, distribute and create new material using such Content to provide the Service to you
  • Analyse any Content to provide information about third party products or services that you might find interesting
  • Use the Content to create and analyse aggregated data about their users provided that you are not identifiable from the aggregated data.

By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, Trakkit and Service Provider may use the Content for the purposes set out above. As between Trakkit and Service Provider, Trakkit owns your Account Information.

Access to Accounts

By using the Service, you authorize Trakkit and Service Provider to access the Accounts designated by you, on your behalf, to retrieve information requested by you, and to register for access to the Accounts requested by you.

Encryption

The Service uses a very high level of encryption. The use of such levels of encryption or this Service may be illegal in jurisdictions outside the UK. It is your responsibility to ensure that, if outside the UK, your ability to use the Service is permitted by local law. Neither Trakkit or the Service Provider will be liable for any loss or damage suffered by you as a result of not being able to use or not being permitted to use the Service in jurisdictions outside the UK.

Pricing and payment

The prices on the Websites are checked regularly to ensure that they are correct. We may change the prices from time to time. If you are a subscriber to a subscription Service, we will notify you in advance of any price changes that will affect your future payments by e-mail or by posting a notice on the relevant Website and we advise you to regularly check the Websites for any such notices.

The prices for Services indicated on our Websites include all taxes, including VAT, which may be payable in respect of the Services. All payments taken will be in pounds Sterling (GBP).

Certain payments for Services must be made in advance by credit or debit card using the payment facilities on the Websites. This includes a debit of 19p from your credit or debit card for identity verification purposes.

Subscription service payments must be made by credit or debit card using the payment facilities on the Website. By giving us your payment details you agree that we have continuing authority to take subscription payments from your payment card account until you or we end the Services. We may stop providing the Services without notice to you if at any time we are unable to obtain payment using the details you provided.

If your monthly subscription charge of £29.87 is declined we will immediately take 19p in order to validate your card details and cover the cost of search and administration. Should both of these attempts fail we will continue to attempt to collect the monthly subscription fee of £29.87 at regular intervals until successful. Should the 19p validation payment be successful we will continue to attempt to collect the remainder of the subscription fee of £29.87 at regular intervals until achieved.

To facilitate us processing payments and repayments, you authorise us to retain your charge, credit and debit card details.

The credit or debit cards we accept for payment are shown on the Website.

It is your responsibility to ensure that all payment details you provide are correct and complete. We are not responsible for supplying Services if the details you submit are incorrect or incomplete.

No payment will be deemed to have been made, until we have cleared funds and we may choose not provide Services until we receive payment in full.

We are not responsible for any overdraft or “over the limit” charges or bank fees if your payment card account or facility contains insufficient credit or funds when we take payment for the Services.

Please note we may receive commission and fees from certain third parties who advertise on or are linked to the Websites or as a result of you having purchased products and/or services. All such commission and fees shall, be retained in full by us.

In the event that you proceed to purchase a product or service from a third party, the charges and payment terms will be subject to that third party’s relevant terms and conditions.

Trials

Trials are made available at our discretion and may not be available for all Services.

The length of any Trial period will be confirmed to you when you register for the Trial. We will also send you an email confirming your registration and the length of your Trial period.

You can cancel the Trial at any time during the Trial period. For free Trials, you will not be entitled to any refund or credit from us.

If you do not cancel at the end of your Trial period and you receive a subscription service, then your access to the Services will automatically continue on a subscription basis and you will be charged the applicable subscription charges for the Service until cancelled by you.

Cancellation

You may cancel your subscription to the Service at any time. On cancellation, your personally identifiable information will be securely and permanently deleted from our systems.

If you chose to cancel your subscription to the Services, you may be entitled to receive a refund. If however you have not paid a fee for use of Trakkit Services (i.e. you have been offered a Trial), you will have no entitlement to a refund.

If you contact us to cancel the Services provided by email within 14 days of signing up on the site (as is your statutory right) then you must send your email to customersupport@trakkit.co.uk. It is important to include all of the relevant information we need to identify your subscription and allow us to cancel it.

Please state:

  • That you wish to cancel the Service provided by Trakkit
  • Your full name
  • Your customer reference number
  • The email address you are currently using to receive your service from Trakkit

Once we have received this information we will cancel your subscription.

Should you wish to discuss anything about your subscription before cancelling it or would if you would like to discuss the cancellation of your subscription over the telephone please call us on our Customers Services number provided.

If you wish to cancel your Services but you are not longer within the statutory timeframe to do so then you should contact Customers Services to discuss the cancellation. When we have taken your call we will then cancel your Services from the end of the month we speak to you.

If you have cancelled your monthly subscription previously, and you re-register for another or the same Trakkit Service, you will pay the fee applicable to the Services provide at the time of re-registration.

DISCLAIMER OF WARRANTIES

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. Trakkit and service provider 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 noninfringement.
  • Trakkit and service provider make no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or (v) any errors in the technology will be corrected.
  • 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 Trakkit or service provider through or from the service will create any warranty not expressly stated in these terms.

LIMITATION OF LIABILITY

You agree that neither Trakkit or service provider nor any of their affiliates, account providers or any of their affiliates will be liable for (a) any damages for loss of profits, goodwill, use, data or other intangible losses, or (b) for any indirect, incidental, special, consequential loss, even if in each case Trakkit or service provider has been advised of the possibility of such damages or losses, resulting from: (i) the use or the inability to use the service; (ii) the cost of getting substitute goods and services, (iii) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the service; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of anyone on the service; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party account provider site, even if the provider has been advised previously of the possibility of such damages; or (vii) any other matter relating to the service.

Indemnification

You agree to protect and fully compensate Trakkit and Service Provider and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable legal fees) caused by or arising from any misuse by you of the Service, your violation of these Service Terms or your infringement of any intellectual property or other right of anyone.

Suspension of the Service

Trakkit may at any time suspend your use of the Service on reasonable grounds that relate to: the security of the Service including the suspected fraudulent use of the Service.

You will normally be given advance notice (by email) if your use of the Service is going to be suspended. Such notice will usually tell you why such action is being taken.

Variation of the Service

Trakkit reserves the right to change or discontinue the Service at any time without notice. You agree that Trakkit will not be liable to you or any third party for any modification or discontinuance of the Service. Trakkit reserves the right to alter any features of the Service.

Rights of Service Provider

You agree that Service Provider is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Service Provider were a party to this Agreement.

Validity of these Service Terms

If any part or provision of these General Terms is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.

Applicable Law and Jurisdiction

These Service Terms are governed by English law. The English courts shall have exclusive jurisdiction over any claim brought by you arising from, or related to, use of the Service and these Service Terms.