2. About TotallyMoney
2.1 Site. The websitewww.totallymoney.com (“Site”) is owned and operated by TotallyMoney Limited trading as TotallyMoney (“we”, “us” and “our”).
2.2 Us. We:
(a) are registered in England and Wales (Company Registration Number 06205695) with VAT number 974859255;
(b) have our registered office and main trading address at Churchill House, 142–146 Old Street, London EC1V 9BW; and
(c) are an Appointed Representative of MI Money Limited which is authorised and regulated by the Financial Conduct Authority in respect of consumer credit related activities including the provision of credit information services (FCA FRN 511936).
2.4 Revising the Terms. We may revise these Terms at any time by posting an update on the Site. Your continued use of the Site after any such change will indicate to us that you accept the new Terms and they will be binding on you. You should therefore check the Site from time to time to review the current Terms. Details of when these Terms were last updated can be found at the end of these terms and conditions.
3. Our Services – General Provisions
The following provisions apply to all services available on our Site:
3.1 Services. We have two sets of services available through our Site: those you need to register for, and those you do not. If you register with us, you will create an account with TotallyMoney that will give you access to our “Account Services” – that is, access to a free credit report and credit score service (“ Credit Report Service”), plus tailored information about your borrowing power and eligibility for Products (“ Borrowing Power Service”). If you do not wish to register with us, you can still access our “ Intelligent Alerts Service”, which allows you to check your eligibility for Products, compare Products and to be alerted on a monthly basis to changes in your eligibility for Products. In these Terms when we refer to “Services” we are referring to the Account Services and the Intelligent Alerts Service. Personalisation is an important part of our Services. We may analyse and profile your information in order to tailor the information that we present to you, to improve our Services, and to determine the offers and communications that might be of interest to you (where applicable).
3.2 Products. When we refer to “Products” in these Terms we are referring to credit cards, loans, mortgages and such other financial products for consumers that we might introduce to our Site in the future.
3.3 Free of charge. All our Services are made available to you without charge. You do not have to apply for Products to use our Services, and we do not sell your data or charge third parties for access to it. Instead, we are paid a commission by credit card companies and other Lenders when a customer takes out a new Product.
3.4 Updates to your information. The results we show to you across all our Services are based on the information you provide about yourself. If you fail to maintain that information, the results obtained from the Services are less likely to be accurate and this inaccuracy is likely to increase over time. We recommend that you update your account information on the Site regularly, and as soon as possible if something important (e.g. your address or income) changes.
3.5 CRAs. We work together with credit reference agencies (each a “CRA”) to make the Services available to you. A CRA is a company that collects personal information from various sources and provides that personal information to banks and financial institutions to help them make credit decisions. A credit report shows you the information that a particular CRA holds about you. The Media Ingenuity Group has appointed: Experian Ltd (“Experian”), to conduct pre-screening searches and eligibility checking for the Intelligent Alerts Service and for the Borrowing Power Service; and Callcredit Ltd through its group company Callcredit Consumer Limited (“Callcredit”) to supply credit reporting and scoring for the Credit Report Service.
3.6 Your Information – CRAs. How we and the CRAs will use your information in providing the Services is detailed in these Terms. The information that we provide to the CRAs may be supplied by them to other organisations (e.g. fraud prevention agencies) and used by those organisations for the purposes of checking identity, preventing fraud, tracing and collection of debt. CRAs may also use the information to search their own data and public data, and to undertake statistical analysis. By accepting these Terms you are authorising us to share the information you provide on the Site for the Services with the CRAs in this way. If you have a financial associate their data may also be provided in the results of any search.
- The following Experian terms apply to their handling of your information in connection with our Services.
- The following Callcredit terms apply to their handling of your information in connection with our Services.
3.7 Lenders. We work with third party credit issuers, such as banks, credit card companies and loan providers (“Lenders”) to present their Products and related offers to you, and to enable you to apply for Products on the Lenders’ websites. After you leave our Site, Lenders do not share specific details of your application or account with us. Not all Lenders featured on our Site provide eligibility information, so when you use our Services you might see Products listed that have no information about your likelihood of being accepted for them. Even if your tailored results indicate that you are likely to be accepted for a Product, this is no guarantee of acceptance, as the Lender is entirely responsible for the decision on whether to accept you or not using its own criteria. The exception is where we indicate that you are “pre-approved” for a Product – in those cases you are definitely eligible for the Product, but your application is still subject to passing the relevant Lender’s fraud and ID checks (see clause 4.5).
3.8 Your Information – Lenders. We only share your information directly with Lenders in limited circumstances: when we ask a Lender to assess your eligibility for their Products, as part of the Intelligent Alerts Service and the Borrowing Power Service (this enables us to tell you whether you could be pre-approved for Products); and when you decide to progress to make a Product application directly with certain Lenders, we will pre-populate the application form with your details, to make the process quicker for you. When we share information with Lenders in these circumstances, we do not allow them to use your information for any other purpose. By accepting these Terms you are authorising us to share the information you provide on the Site for the Services with the Lenders in this way.
3.9 Footprints. In order to provide the Services to you, we need to carry out “soft searches” on your credit file. A soft search is like a quick peek at your credit file that allows us to assess your eligibility for Products when you are using our Intelligent Alerts Service or Borrowing Power Service. If you use our Credit Report Service, we will use a soft search to find your credit report and score each month. These soft searches will be visible to you on your credit report (marked as “soft search” or “quotation search”) but they are not visible to Lenders and they do not affect your credit worthiness. Please note that if you receive all of our Services then you will see separate soft searches for each individual Service element – i.e. multiple soft searches per month. Please click here for more information on footprints. If you decide to apply for a Product, then you will be transferred to the Lender and as part of that application process the Lender may carry out different types of checks on you, but these are not part of our Services.
3.11 Personal Use. You must only use the Services in your own name and not for any other person or have any other person seek to access the Services on your behalf or to directly access or use data obtained through the Services (whether as your agent or representative or as a service provider to you or otherwise).
3.12 Reliance. Any information provided to you by us as part of the Services is provided for guidance and information only. Any businesses that carry out credit searches on you will take information from a number of sources and use their own criteria in making decisions based on it. You must not rely on the information provided as part of Services and neither we nor any CRA (including in the case of the Credit Report Service, Callcredit Information Group Limited) is responsible or liable if you rely on it or take any action based upon it.
3.13 If you are not found. We cannot guarantee that we will be able to deliver personalised results to you in any of our Services. This is because some people might not be found by the CRAs or Lenders in their searches. For example, if you are new to the UK, or have a very limited credit history. In those cases, we will present information that could help you to understand how to improve your chances of being found.
3.14 Contracts. We are not responsible for any contract you enter into with a third party as a result of using the Services.
4. Intelligent Alerts Service
The following provisions apply to our Intelligent Alerts Service (REGISTRATION NOT REQUIRED):
4.1 Purpose. We make the Intelligent Alerts Service available to let you compare Products and check your eligibility to apply for them. We do this at the time you first check your eligibility on the Site, and each month thereafter to let you know how / if your eligibility is changing. This will give you an understanding of the likelihood of whether any application you make for a Product might be accepted.
4.2 Use. To use the Intelligent Alerts Service you must provide us with certain personal information, as prompted on the Site. All Products on the Site are made available to you by Lenders and not by us and any application for a Product must be completed with the relevant Lender. The CRA and certain Lenders will use the information you provide to analyse your eligibility for Products using their databases and knowledge of the acceptance criteria for Products. By clicking “Check Eligibility” on our Site, you are not committing to make an application for any Product.
4.3 Your Information. By using the Intelligent Alerts Service your information will be shared with the CRA and specific Lenders to check your eligibility for Products, to validate if you are an existing customer (which may affect whether you can be accepted for one of their Products) and for fraud prevention purposes.
4.4 Results. We will provide you with an indication of eligibility expressed as a likelihood of acceptance against specific Products (“Eligibility Results”). You will be able to access your Eligibility Results on the Site when you first use this Service, and thereafter via the monthly results email that we send to you. As part of the Intelligent Alerts Service, we will re-confirm your eligibility for Products on a monthly basis and update your Eligibility Results and send you a link to those results by email. If you unsubscribe from receiving those emails, or notify us that you wish to cancel the Intelligent Alerts Service, we will stop performing the searches and will stop emailing you with a link to your Eligibility Results.
4.5 Understanding your results. Even if the Eligibility Results indicate that you are likely to be accepted for a Product, this is no guarantee of acceptance, as the Lender is entirely responsible for the decision on whether to accept you or not using its own criteria. Lenders are not bound by any indication that we may communicate to you. The Eligibility Results may indicate that you are ‘pre-approved’ in respect of certain Products. If you are pre-approved for a Product it means that based on the information you have given us you will definitely be eligible for that Product. However, please note that eligibility does not guarantee acceptance of any application for that Product as all applications remain subject to the relevant Lender’s fraud and ID checks and therefore your application may still be rejected. Some Lenders may tell us to indicate that you are ‘pre approved’ for a Product but not a specific repayment term (e.g. they might offer you a different interest rate or balance transfer term to the headline offer). We indicate when this is the case in your Eligibility Results. In those cases, the Lender will communicate the relevant interest rate or other repayment terms to you as part of your application process and we will not be involved in that process or have that information.
5. Account Services
The following provisions apply to our Account Services (REGISTRATION REQUIRED) generally:
5.1 Purpose. We make the Account Services available to provide you with your free credit report and score, and to help you translate that information into practical knowledge of the credit you might be able to access, and on what terms.
5.2 Account. To use the Account Services we require you to register for an account on the Site and give us certain personal information. When you register, you must give us true, accurate, current and complete information about you as prompted by the relevant registration form. You agree to keep this information up to date by making any necessary changes within your account. Access to your account will be by means of your email address and password. By registering for an account with us, you are indicating that you wish to access all the available Account Services.
5.3 Use. If you use the Account Services, you will see separate ‘footprints’ for the Credit Report Service and for the Borrowing Power Service because they are carried out by different CRAs for different purposes. We will continue to carry out each of these searches every month for as long as you are active within your account. We do these searches every month, irrespective of whether you also log into your account that month, because we think it is a better service to you. We understand that you might not need or want to log into your account every month, but when you do log in, we think you will want to see a timeline of what has been happening, and why. By accessing your Credit Report and Borrowing Power monthly we can build this picture for you and it will be waiting for you when you next visit our Site. If you become inactive on the site, we will continue the searches for up to twelve months after your last log in.
6. Credit Report Service
The following provisions specifically apply to the Credit Report Service (part of Account Services – REGISTRATION REQUIRED):
6.1 Credit Report. When we refer to your “Credit Report” in these Terms, we are referring to both the free credit report and credit score information provided as part of our Account Service.
6.2 Powered by Callcredit (as defined in Clause 3.5 above). The Credit Report Service is powered by Callcredit. This means that Callcredit (and its subcontractors, including Callcredit Limited) will use the personal information you provide on the Site to search its own and third party databases in order to find information they hold about you, and to give you an indication of your Credit Report. By creating an account with us, you acknowledge and agree:
(a) we act as your agent and representative in accessing and retrieving information from Callcredit Limited as a CRA;
(b) Callcredit Limited as a CRA shall be entitled to rely on this agency and related authorisation granted by you to us;
(c) in order to receive the Credit Report, a request by you (or by us if you have not logged into your account in the past month) for a Credit Report is submitted through us as your agent to Callcredit, and Callcredit Limited, which is acting as a CRA, in accordance with your rights under sections 7 and 9 of the Data Protection Act 1998.
6.3 Authentication. You will be required to successfully pass an authentication process with Callcredit before being able to access your Credit Report. The authentication process is designed and operated by Callcredit, not us, and may involve disclosing your credit card details as an anti-fraud measure. Any disclosure of credit card details will be to Callcredit (and Callcredit Limited) only and not us. Not all users who wish to access their Credit Report will successfully pass authentication. This may be because when you wish to access your Credit Report, Callcredit (or Callcredit Limited) is unable to match your personal information to the correct credit report or that Callcredit does not hold enough credit information on you to create a Credit Report. Whatever the reason for a failure of authentication, neither we nor Callcredit is required to notify you why you have not been successfully authenticated.
6.4 Results. We may retrieve your updated credit report, on your behalf, a maximum of once per month. We may also request an update to your credit score, on your behalf, when you log into your account. We will present all Credit Report results to you on the password protected part of the Site. We will let you know each month by email when the update to your Credit Report is ready to view, and we may use information from your results to decide when to get in touch with you.
6.5 Incorrect information in your Credit Report. If you have any questions about your Credit Report, please contact us in the first instance, even though it is Callcredit, not us, who coordinates the making of changes to Credit Report data. If you wish to dispute the accuracy of anything shown in your Credit Report, please use the relevant buttons in your Credit Report to raise this and we shall ensure this is passed to Callcredit for them to attempt to resolve.
7. Borrowing Power Service
The following provisions specifically apply to our Borrowing Power Service part of Account Services – REGISTRATION REQUIRED):
7.1 Borrowing Power. We work with a CRA (currently Experian) to give you a unique score – your “Borrowing Power”, that is an indication of what you can borrow at the time of your use of the Account Services (your “Borrowing Power”). We calculate this at the time you first register for an account with us, on your subsequent visits and in any event every month to let you know how / if your Borrowing Power is changing. From your Borrowing Power, we will show you tailored information about Products that might be available to you.
7.2 Your Information. By using the Borrowing Power Service your information will be shared with the CRA and specific Lenders to check your eligibility for Products, to validate if you are an existing customer (which may affect whether you can be accepted for one of their Products) and for fraud prevention purposes.
7.3 Results. We will inform you in the password protected account area of the Site of the results of your Borrowing Power review (“ Borrowing Results”). After we have provided you with these initial Borrowing Results your Borrowing Power will be reconfirmed on a monthly basis, and whenever you log in, and we shall update your Borrowing Results shown on the Site. Unless you unsubscribe from these alerts, we will inform you by email that we have done this.
7.4 Other relevant terms. Clauses 4.5 and 4.6 of these terms and conditions (inclusive) also apply to the Borrowing Power Service.
8. Password Security
Your username and password (used to access your account) must be used only by you. Sharing your username or password with any other person is strictly prohibited. You agree to:
(a) keep your username and password secure;
(b) be fully responsible for all use of the Site made using your username and password;
(c) log out of your Site account at the end of each session; and
(d) notify us as soon as possible if you suspect or become aware of anyone else using your username and password or any other breach of the Site or your account security. You can give us details of the unauthorised use or other breach by contacting us here.
9. Your use of the Site and the Service
9.1 Capacity. By using the Site and any services made available through it (including the Services), you confirm that you are at least 18 years of age and a resident in the United Kingdom.
9.2 Access. You are responsible for:
(a) setting up your information technology, computer programmes and platform to access the Site, including using your own virus protection software;
(b) ensuring compliance with local laws if you choose to access the Site from outside the United Kingdom;
(c) ensuring that anyone who accesses the Site through your internet connections is aware of these Terms and complies with them.
9.3 Licence. By using our Services, you are allowing us to use any information you provide to us on the Site or which is obtained in response to your use of the Services as we require to provide and improve the Site and the Services, including, displaying, distributing and modifying and creating new material using that information in accordance with these Terms .
9.4 Permitted uses. Except where you have our prior express written consent, you may only use the Site and the information on the Site and any related material provided to you by us whether by email or otherwise (‘Materials’) as may be specified in the Materials and:
(a) for personal and non-commercial purposes;
(b) by viewing them on a device screen;
(c) to print a reasonable number of copies of them for your own personal use (and not further copying them); and
(d) to the extent that permission to download and store them is specifically granted in the relevant Materials, downloading and storing the Materials on your computer or portable media but not making any further transfer or copy of them, provided that you acknowledge that downloading materials from the Site into a pdf format and storing it on your device removes the security protection afforded by the Site, which may increase your risk of identity theft, fraud or other disclosure of your personal data.
9.5 Restrictions. You must not:
(a) misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
(b) attempt to gain unauthorised access to the Site, the server on which it is stored, or any server, computer or database connected to it; or
(c) harm the Site via a denial-of-service attack or a distributed denial-of-service attack. If you do any of these acts you may commit a criminal offence. We will report those acts to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. If you do any of these acts, your right to use the Site ceases immediately from the time of the relevant act.
9.6 Prohibitions. You agree not to:
(a) scrape, extract, download, upload, sell or offer for sale any of the Site or the Materials;
(b) use, or cause to be used, any computerized or other manual or automated program or mechanism, tool, or process, including any scraper or spider robot, to access, extract, download, scrape, data mine, display, transmit, or publish, any of the Site or the Materials whether for commercial benefit or otherwise;
(c) bypass robot exclusion headers or other similar measures that we may use to restrict access to, or caching of, the Site or the Materials;
(d) distribute, reproduce, modify, store, transfer or in any other way use any of the Materials (including as part of any database, information, archive, website or similar service) other than as set out above.
10. The Site and the Materials
10.1 Availability. You acknowledge and agree that:
(a) access to some, or all, of the Site, the Materials and/or the Services may be suspended temporarily or permanently by us without notice;
(b) we may update the Site and the services made available through the Site (including the Services) at any time in our sole discretion;
(c) we try to ensure that the Site is normally available 24 hours a day, but we do not guarantee that the Site, or any Materials, will always be available or uninterrupted and we accept no liability for any losses, damages or costs that arise from or relate to the Site or any Materials being unavailable at any time or for any period; and
(d) we do not guarantee that the Site and the Materials will be free from bugs, viruses or malicious code.
10.2 Content. You also acknowledge and agree that:
(a) all intellectual property and other proprietary rights in and to the Site and the Materials are owned by and reserved to us or our licensors (as applicable);
(b) all intellectual property rights in the Credit Report are owned by Callcredit, Callcredit Limited and its licensors (note that the source of any County Court Judgment data contained in the Credit Report is Callcredit Limited);
(c) we try to ensure that the Materials or other content provided by our contracted third party suppliers is accurate and complete, however we cannot guarantee that it is completely accurate as some of this information comes from other businesses, which get the information from other sources themselves such as the Electoral Register, insurance companies or financial institutions. We and our contracted third party suppliers have no control over the content of this information and cannot be liable for it;
(d) we are not responsible for the Products provided by third parties.
11. Links to and from Other Websites
11.1 Third Party Links. Links on the Site to third party websites and resources are provided solely for your information and convenience. By providing the links we do not approve, endorse or make any representations about any such third party websites or any material found on them or your use of that material.
11.2 Risk. If you use these links, you leave the Site. We have not reviewed any of those third party websites and resources and do not control or take any responsibility for their content or availability. In the case of Lender websites that we provide links to from our Site, we do not have any control or influence over those websites, or any applications for credit that you might make on them. You access third party websites and resources entirely at your own risk.
11.3 Links to the Site. You may link to the Site only with our express prior written consent. Please contact us if you would like to discuss this with us.
12. Duration of Terms
12.1 Suspension. If we believe that you have not complied with any of these Terms, that you are misusing any services made available through the Site (for example by using the Credit Report for a purpose that is not permitted, or accessing the Credit Report fraudulently) or that your use of the Site is in any way detrimental to us or a security risk, we may in our sole discretion suspend your access to the Site or any part thereof without notice.
12.2 Termination. At any time, with or without cause, we may terminate your agreement with us and your ability to use the Site, the Materials or the Services immediately by giving you written notice (including by email) to any of your contact addresses which you have provided to us. We may notify the CRAs we work with if we terminate your agreement in this way.
12.3 End of Use. At any time, you can stop using the Site and the Services by contacting us. If you do this we cannot give you access to a closed account or the Credit Report or other information which was held in relation to that account. If you stop using the Site in this way you may be required to re-authenticate for any future use of the Credit Report Service.
13. Data Protection and Use of Your Personal Information
13.1 ICO. The law imposes regulations on how we collect, store and process your personal information. As required by law, we are registered as a Data Controller (ICO Registration Number Z1096594) with the Information Commissioner’s Office in England. More details of this are available on the ICO website.
14. Limitations on Liability
14.1 Disclaimer. We make no representations, warranties or guarantees, whether express or implied, that the Site, the Materials or the Services are accurate, complete or up to date or fit for your purpose. To the fullest extent permitted by law, we and Media Ingenuity Group expressly exclude all guarantees conditions, warranties, representations or other terms which might otherwise be implied by statute, common law or the law of equity to the Site, the Materials and the Services whether express or implied.
14.2 Legal Liabilities.Nothing in these Terms excludes or limits our liability for: death or personal injury arising from our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited under applicable law.
14.3 Limited Loss Types. Subject to clause 14.2, we shall not be liable to you or any third party for any loss or damage, however arising, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) any defamatory, offensive or illegal conduct of any third party through the Site or otherwise;
(b) the Site, the Materials or the Services being unable to be used or unavailable for use for any reason;
(c) any losses, damages or costs that arise from or relate to you failing to comply with the Terms;
(d) any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material, due to your use of the Site, downloading material from the Site or visiting a website linked to the Site;
(e) any loss or damage whether direct or indirect for: (i) loss if income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of or damage to data.
14.4 Limited Loss Amounts. Subject to clauses 14.2 and 14.3, as your access to the Site and the Services is free our total aggregate liability for any losses and/or damage suffered by you that arise from or relate to your use of the Site, the Materials and the Services (whether in tort, contract or otherwise) will be limited to one hundred pounds Sterling (£100) unless otherwise agreed in writing by us.
14.5 Accepted Loss Types. Subject to clauses 14.2 , 14.3 and 14.4 we shall only be liable to you for your losses or damages caused by us or our employees or subcontractors in circumstances where there is a breach of a legal duty of care owed to you by us, our employees or subcontractors and that loss or damage was contemplated by you and us when you accepted these Terms or is an obvious consequence of our breach of that duty, but we shall not be liable for any increase to your loss or damage arising from or relating to your actions.
15 Contact us
Your feedback helps us improve the Site and the services made available through it. Please let us know what we’re doing right, what needs improving, or if you have any questions. You can contact us here. We also have a separate Complaints policy that is available here.
16.1 Interpretation. In these Terms:
(a) the headings used do not affect the interpretation of the Terms;
(b) unless specified otherwise, use of the singular includes the plural;
(c) use of the words, includes or including means without limitation and the use of these words shall not limit the meaning of the general words.
16.2 Validity. Each part of the provisions of these Terms is severable. If any part of these Terms is held to be invalid or unenforceable, that part shall be deemed modified to the minimum extent necessary to make it valid and enforceable and the remainder of these Terms will remain valid and enforceable.
16.3 Third Parties. Save as expressly provided in these Terms, nothing in these Terms is intended to give any person any right to enforce any term of these Terms which right would not exist without the Contracts (Rights of Third Parties) Act 1999.
16.4 Control. We shall not be liable for any delay or failure to perform any of our obligations under these Terms if the delay or failure is caused by circumstances beyond our reasonable control.
16.5 Transfer. We may, but you may not, assign or otherwise transfer any of the respective rights or obligations of each of us under these Terms.
16.6 Waiver. No failure or delay by us to exercise any right provided to us in these Terms or by law shall be a waiver by us of that or any other right, nor shall it restrict us from exercising that or any other right. No single or partial exercise of any right by us shall restrict the further exercise of that or any other right.
16.8 Law. These Terms and your use of the Site, the Materials and the Services are governed by and construed in accordance with the law of England and Wales. Any disputes (including non-contractual disputes or claims) will be decided only by the Courts of England and Wales.
Details of changes to these Terms
Details of Changes
References to Media Ingenuity Limited changed to TotallyMoney Limited to reflect name change of company number 06205695.
Paragraph 3.6 amended to include links to the Experian and Callcredit terms applicable to data processed in connection with TotallyMoney services.