This document details JamDoughnut’s Terms and Conditions and states the terms and conditions that the Company expects its users or customers to follow when using its Platform, App or Website. The Company’s Terms clearly state what its customers are and are not allowed to do and how the Company will treat its customers. The Terms set out the rights and responsibilities of anyone using the Company’s Platform, App, Website Products or Services. They effectively form a contract between the Company and the customer and set out the legal basis of the Company’s relationship with the customer.
By registering to use the JamDoughnut Limited (“JamDoughnut”, “Company”, “we” or “us”) mobile application (“App”), Platform, Services or Website (together, the “Products”), the customer (“You”) hereby agrees to follow the Company’s Customer Terms and Conditions (the “Terms”).
These Terms will occasionally be updated. Rest assured, whenever this happens we’ll notify you.
These Terms were last updated on 11th March, 2021.
2. Who we are
The Products are operated by JamDoughnut Limited as a “Data Controller” for the purposes of UK data protection legislation, i.e. we are responsible for, and control the processing of, your personal information.
JamDoughnut Limited’s registered office is Treviot House, 186-192 High Road, Ilford, Essex, United Kingdom, IG1 1LR, our registered company number is 12277192 and our ICO number is ZA759668. You can check our registration on the Data Protection Public Register by visiting https://ico.org.uk/esdwebpages.
3. How to contact us
4. Our relationship with you, the Customer
In this binding agreement (“Agreement”) between you and the Company, when we say “you” or “your” in these Terms, we mean you – the person who created an account and agreed to these Terms, or the person who is in the process of creating an account and considering these Terms.
These Terms have no fixed or minimum duration. They will apply until either you or we end this agreement (see “Your right to cancel and end this agreement’ and ‘Our right to suspend, restrict or end this agreement”).
Please note that these Terms affect your legal rights and obligations other than those that cannot be limited or excluded by law in the country in which you live. If any of these Terms are found to be invalid or unenforceable in your country then the Agreement will be deemed to be amended to the extent required by your local laws. If you do not agree to be bound by all of Terms, do not access or use the Products.
5. Our Services
The Company provides you with a range of money management and customer loyalty services, by accessing, collecting, consuming and aggregating certain financial and other information in relation to you (the “Services”).
The Company allows you to:
1) Connect your financial accounts in one place to monitor transactions, review budgets and organise your financial well-being. When first logging in we will ask for your permission and consent to connect your JamDoughnut App to your bank accounts and/or card accounts using a secure connection. You will log-in to your accounts using your usual online banking or card provider username and password. We will not be able to see or log your banking username or password. For the case of credit cards, we will not be able to see or log the 16-digit card number or other cardholder data.
2) Receive cashback offers tailored for you. Your cashback balance can then be transferred to your own bank account or you can nominate another account.
3) Review ratings for businesses so you know who to trust. Also, you will be able to provide your own ratings to help others know who to trust.
4) Receive advice on up to date consumer rights and financial news relevant to you.
5) Access support to help resolve your consumer issues.
To use our Services we need your permission to collect information from your payment or card account provider about your payment and card transactions, to build a picture of income and expenditure patterns without you having to manually upload your bank or card statements. We work with our “Open Banking Provider” (OpenWrks) who allow you to securely share your payment and card accounts data with JamDoughnut, subject to OpenWrks’ terms and conditions of service. To grant this access, you will be required to provide your consent to share your data with OpenWrks and JamDoughnut. If you do not provide your consent with OpenWrks you will not be able to use our Services.
6. Access to and Use of the Platform
At some point, we may wish to update the Platform. The Platform is available for use on iOS and Android operating systems. The requirements for these operating systems (and for any additional systems we decide to extend the availability of the Platform to) may change, and you’ll need to download the updates if you want to keep using the Platform.
If you’re using the Platform outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Platform, or other third-party charges. In using the Platform, you are accepting responsibility for any such charges. If you are not the bill payer for the device on which you are using the Platform, please be aware that we assume that you have received permission from the bill payer for using the Platform.
7. How do we get paid?
JamDoughnut charges you a subscription fee for providing the Services, which varies depending on the level of service level that you choose.
JamDoughnut intends to provide a free base level of services at launch, with further services to be added in future releases of the App and Platform. We may offer tiered use and pricing models in the future, details of which will be found in the Services and Pricing sections of our website, at www.jamdoughnut.com/pricing.
JamDoughnut reserves the right to amend its pricing and fee schedule at any time but will provide customers with at least 14 days written notice of any proposed changes. (See the clause titled “Amending these Terms, website and our Services” for further information about amendments to the service and these Terms).
JamDoughnut isn’t endorsed or sponsored by any of the providers of your personal accounts.
8. How can you become a customer?
By creating an account, you confirm that you:
• are over 18 years old;
• live in the United Kingdom;
• are a natural person accessing our Services for your personal use (you may not use our Services for commercial or business use); and
• are accessing our Services on your own behalf.
You may only use our Services if you meet the above requirements.
We may refuse to provide you with Services or cease to provide you with our Services, at any time and at our sole discretion. Examples of when we might do this could include if:
• we find out or have reason to believe you are breaching, of have breached, these terms and conditions, for example, if you are using the Services for business use or on behalf of someone else;
• we decide to stop offering a Service you are using;
• we think your use of our Services is unlawful or fraudulent or you breach our Acceptable Use Policy.
For the App to work, your device needs to meet our operating system requirements. You can check these at https://www.jamdoughnut.com/device_requirements. If we know your device’s operating system and we plan to stop supporting it, we’ll give you at least 30 days’ notice. If you don’t install operating system updates and new versions of the App, the App might not work properly or at all.
The App may not work as designed if your device has been changed or tampered with (better known as ‘jail breaking’ or ‘rooting’).
We ask that you do not attempt to try to access, adapt, reproduce, duplicate, copy, sell, trade, resell or harm any part of the App in any way, try to collect data in the service or in transmission between our systems, or use the service unlawfully. Also you agree that you will not (and will not attempt to) reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trade mark, trade name, logo or service mark owned by or licensed to the Company in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos. If this happens you may be responsible for any losses we incur as a result.
9. Our partners
We have teamed up with innovative companies to work with as our Open Banking Providers and to provide you with our Services.
These companies are typically data platforms authorised and regulated by the FCA. We use these Open Banking Providers to enable you to share your financial information with us securely and directly from your bank and card accounts so we can understand your income and expenditure and card payments as part of building your budget and spending patterns without you having to manually upload your bank or card statements.
JamDoughnut is providing you with Account Information Services as an agent of our Open Banking Provider (OpenWrks) and is registered with the FCA in such a capacity. OpenWrks will require you to agree to their Terms and Conditions in order for them to provide you with these Account Information Services.
We may choose to work with other partners from time to time during the course of providing our Services.
10. Third party packages and services
Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to the Services, 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.
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.
JamDoughnut 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).
11. How do we use your data?
For instance, we:
• will hold your details and records on our systems and make this bank account information available to you on our Website or App;
• will undertake analysis and profiling of your bank or payments transactional data;
• may make tools available to you so you can analyse your own bank account information, to assist you in being better informed about your financial position, to enable you to manage your financial position, to facilitate you in identifying and to inform you of credit products that are likely to be suited to your circumstances based on the information we collect about you through our Website, App and your mobile device(s);
• may use your information (and, where applicable, that of your financial associates) to identify whether you may benefit from certain deals from selected partners of us;
• may use your anonymised data for analytics to improve our services i.e. using bank or payments transactional data to train categorisation.
12. Accuracy and non-reliance on information
Some of the information we display is based on information received from third parties (including transactional data and financial information from your bank) and we do not have the ability to change this. We are not responsible for the accuracy of such information or for your reliance on that information. If you believe any information displayed by us may be incorrect, please let us know as soon as possible by contacting admin@JamDoughnut.com.
If you believe anything regarding your credit information is incorrect, please contact the relevant credit reference agencies directly.
We do not guarantee that:
• our Website or App or any content on them or provided as part of our Services, will always be available, uninterrupted or error free; and
• the content or functionality of our Website, App or other methods in which we provide our Services are up-to-date, nor do we have any obligation to update them.
13. Intellectual Property Rights
We, or our licensors, own all intellectual property rights in our Website, App and the material published on them. All of the content on our Website and App is subject to copyright with all rights reserved.
All images, trademarks and brands displayed on our Website or App are protected by intellectual property laws and may not be reproduced or appropriated in any manner without permission of their respective owners.
You must not:
• remove any acknowledgement that we (or any of our contributors) are the author of any website content or any content we provide to you as part of the Services;
• remove any disclaimers associated with the content;
• modify, adapt, copy, download or post material from our Website or App nor store any part of our Website or App in any other website or app or include it in any public or private electronic retrieval system; or
• use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or explanation.
You may download, print or screen grab content from our Website or App for your personal use and information only, provided that you adhere to the restrictions noted above. You further acknowledge and agree that you:
• are downloading such material at your own risk and discretion;
• are solely responsible for any damage to your computer system or device or loss of data that results from the download of any such material; and
• must, at our option, return, destroy or procure the deletion of any copies of the materials you have made if you are in breach of these Terms.
By agreeing to these Terms you hereby grant a licence to us to use any information, data, materials or other content (“Content”) you provide to us through our Website or App, or that we obtain on your behalf as part of the Services we provide (including your credit information).
By submitting the Content, you confirm and agree that the owner of that Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we may use the Content for the purposes set out in these terms and conditions.
15. Limitation of our liability
Please read this clause (Limitation of Liability) carefully, as some of the terms exclude or limit our liability for any losses suffered by you in connection with your use of our Services.
Nothing in these terms and conditions limits our liability for:
• death or personal injury arising from our negligence; or
• our fraud or fraudulent misrepresentation; or
• any duties or liabilities that we owe to you under the Financial Services and Markets Act 2000 (as amended) or the rules of the Financial Conduct Authority or other applicable regulatory authority; or
• any other liability that cannot be excluded or limited under applicable law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website and App, any content on them or Services accessed through our Website or App, whether express or implied.
We will not be liable to you or any third party for any loss, damage or cost suffered or incurred, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising out of or in connection with:
• use of, inability to use or unavailability of, our Website (or any part of it), websites linked to it, our App or our Services;
• use of any products, data, information or services accessed or obtained or messages received or transactions entered into, through or from the services obtained or accessed through our Website or App including use of or reliance on any content displayed on or made available through our Website or App;
• unauthorised access to or alteration of your transmissions or data;
• any inaccuracy or incompleteness of any information received by you or by us through our Website or App or as part of our Services;
• the timeliness, accuracy, deletion, non-delivery, failure to receive or store or failure to update any user information, communications or personalisation settings;
• any products or services provided by any third parties including our partners as these products are governed by separate terms and conditions of supply which we have no control over; or
• any distributed denial-of-service attacks, computer viruses, trojan horses, worms, software bombs or other damaging items or software you or any third party is exposed to as a result of your use of our Website or App.
You agree that:
• we are not responsible or liable for any loss, damage or cost you may suffer or incur in connection with any products or services provided by any third parties including our partners, or the terms and conditions applying to any contract you enter into with any third party in relation to any product or services, or for any acts, omissions, errors or defaults of any third party in connection with any product or services or the applicable terms and conditions;
• it is your responsibility to seek independent advice or otherwise satisfy yourself that you wish to apply for, take out, cancel, exchange or request a change to a product or service (including any financial product or services such as credit) before doing so;
• downloading content from our Website or our App is at your own risk;
• we will not be liable to you with respect to you failing to obtain any of the products or Services matched to you or advertised on our Website or App;
• you are responsible for protecting your computer systems and other devices from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures that are reasonably necessary to protect your computer systems and other devices from such matters;
• as we do not charge you a fee for access to and use of our Products, our total aggregate liability for any losses and/or damage suffered by you shall be limited to an amount which is set out on the “Pricing” page of our Website at www.jamdoughnut.com/pricing; and
• you have considered our liability limit (as described above), sought legal advice if needed and conclude that such a limit is a reasonable amount given the nature of the Services not constituting financial advice.
We exclude all liability for any inaccurate or misleading information contained in the Platform in respect of any Provider Service. You acknowledge this is reasonable, as we are passing on information for which the ultimate source is the Provider.
16. Legal status, term and termination of these Terms
You understand that these Terms and any other consents or authorisations you agree to in connection with using our Services will be a legally binding agreement between you and us.
These Terms shall commence from the date you create your account on our Website or App and will continue for as long as you use our Services or have an account on our Website or App.
If you no longer wish to receive our Services, you can close and delete your account by sending an email to admin@JamDoughnut.com with the email address registered on your account.
Your right to cancel and end this agreement
You can cancel your user account and end this Agreement at any time without charge.
To cancel your user account and end this Agreement email us at admin@JamDoughnut.com with the email address registered on your account. If you do this, you will terminate the Agreement and not be able to access the information we hold about you through our Website or App, and our obligations under any agreements shall immediately cease and we shall have no liability to you under those agreements or these Terms.
Our right to suspend, restrict or end this agreement
We may terminate these Terms and your use of our Services, Website, App or any products or services contained in, or provided or obtained through our Website or App at any time for any reason and with no liability to you.
We may stop providing the service if you’ve not used JamDoughnut for a while, but we’ll always check with you first before we do. We may also close or freeze your account without your permission if you have been abusive to a member of JamDoughnut staff or community member, or submitted inappropriate and/or offensive content. For more information please review our Acceptable Use Policy which is contained at www.jamdoughnut.com/aup.
We may at any time suspend, restrict, or end your use of our service, your account or the App if we think your security may have been breached, or your privacy could be at risk through attempted fraudulent activity, including if:
• we reasonably believe that your security PIN has not been kept safe or the security of your App or the device on which it has been installed has been compromised;
• we reasonably suspect that your security PIN, the App, or the device on which it has been installed has been used fraudulently or without your permission; or
• we need to do so to comply with the law of any jurisdiction.
Unless informing you would compromise reasonable security measures or otherwise be unlawful, we will inform you before suspending, restricting or cancelling our service, your account or the App, and we will tell you our reasons why we’ve done this. If it is not practical to inform you in advance and unless doing so would compromise reasonable security measures or otherwise be unlawful, we will inform you immediately afterwards, giving the reasons why we’ve suspended or cancelled your service. We will allow you to resume your use of the App or the service as soon as practical after the reasons for stopping its use cease to exist.
In the event that we need to contact you in respect of suspected fraud or any other security threat we will do so in the way that we think is the most secure in the circumstances.
17. Amending these Terms, Website and our Services
These Terms will always be available in the App and on our Website.
We may amend these Terms, our Website, App and our Services at any time. Before we implement changes to our terms and conditions that affect your rights and obligations, we will give you at least fourteen (14) days’ written notice by email or through the App of any intended change to the Terms along with the new version of the Terms.
If you don’t agree to the changes, you can close your JamDoughnut account by emailing us at admin@JamDoughnut.com. If you don’t close your JamDoughnut account, we’ll assume that you’re happy with the changes we’ve made and that you accept any such changes in our terms and conditions. You have a right to end this agreement at any time before the proposed change takes effect.
The headings used in these Terms are for convenience only and shall not affect their interpretation.
In these Terms, unless specified otherwise, use of the singular includes the plural, use of any gender is deemed to include every gender and any reference to a person includes a corporation, a partnership and any other body or entity, and vice versa.
Use of the words, includes or including or similar words or phrases means without limitation and the use of these or similar words or phrases shall not limit the meaning of the general words.
We shall not be liable for any delay or failure to provide our Services or perform any obligation under these Terms if the delay or failure is caused by circumstances beyond our reasonable control.
Nothing in these Terms is intended to confer on any person any right to enforce any term of these Terms which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.
Each of the provisions of these Terms (or part of any provision) is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect the legality, validity or enforceability of the other provisions of these Terms. The provision itself shall apply with the minimum modifications necessary to make it legal, valid and enforceable.
No delay or omission by us or you in exercising any right, power or remedy provided by law or under these Terms shall affect that right, power or remedy; operate as a waiver of it; or operate as an affirmation of these Terms.
You may not assign any of your rights or obligations under these Terms.
These Terms constitute the whole agreement and understanding between you and us in relation to the use of our Services. Except in case of fraud, all previous agreements, understandings, undertakings, representations, warranties, promises and arrangements between you and us relating to the subject matter of these Terms or your use of our Website, App or our Services are superseded, except as otherwise expressly stated in these Terms.
You agree that any notices and other communication may be given by us by email or posted on our website and this will comply with any legal requirement for such communications to be in writing. You also agree that any notice or other communication made in such manner will be deemed received by you 24 hours after email or posting.
19. Applicable law and disputes
These Terms, and all our dealings with you are governed by the laws of England and Wales. Any dispute can be dealt with by an English or Welsh court unless your address is in Scotland (where it will be dealt with by the courts of Scotland); or Northern Ireland (where it will be dealt with by the courts of Northern Ireland). These Terms are provided in English.
20. How to contact us
We are here to help, so if you have any questions about our feedback on our Terms or wish to make a complaint about our Services, please get in touch with us by emailing admin@JamDoughnut.com. If the question or complaint relates to information we have obtained from a Provider or other third party service provider, we may refer your question or complaint to them if we consider it appropriate.
If you have made a complaint about our Services and we have provided a final response which is not to your satisfaction or you have not received a response within eight weeks of making your complaint, you can ask the Financial Ombudsman Service to investigate. You can contact them by writing to Financial Ombudsman Service Exchange Tower, London E14 9SR, by calling 0800 023 4567 or 0300 123 9123 or by sending an email to email@example.com. For more details you can visit their website at www.financial-ombudsman.org.uk.
Information regarding our internal complaint handling procedures can be found on our Website. JamDoughnut customers do not qualify for compensation under any statutory or other compensation scheme should we become unable to meet our liabilities.