We aim to set out the terms of service in plain English but as comprehensively as possible. Please read in conjunction with the FAQ and About pages for better context.
Please read the below information…
We aim to set out the terms of service in plain English but as comprehensively as possible. Please read in conjunction with the FAQ and About pages for better context. Please read the below information…
1. Scope of the agreement
1.1 Your Gocustomate Account is held in pounds sterling and/or Euros or other currency depending on how you have funded the Account.
1.2 Your rights and obligations relating to the use of your Gocustomate Account is as set out in both this Agreement and the specific contract between you and us. If you experience any difficulties in using your Gocustomate Account, you should contact Customer Services.
1.3 This Agreement is written in English and we shall communicate with you in English regarding any aspect of your Gocustomate Account.
1.4 You acknowledge that we may communicate with you by e-mail, SMS for issuing any service notices or information about your Gocustomate Account and therefore it is important that you keep your e-mail address and mobile phone number updated via the Gocustomate website.
2. Important information you need to know
2.1 Gocustomate is the trading name of Customate Ltd, a company registered in England and Wales with number 11491229 which can be contacted at Suite 2A, Blackthorn House, St Pauls Square, Birmingham, B3 1RL, United Kingdom.
2.2 This Agreement is between Gocustomate and you, the Gocustomate Account Holder.
2.3 Please read this Agreement carefully before you use any of our services or Gocustomate Account. This information forms the Agreement for your Gocustomate Account including any associated payment services that we may provide to you.
3. Use of the Service and registration
3.1 You must be at least 18 years old to use the Service. The service is for organisations and not for indivduals.
3.2 You will need to register an account with us in order to use the Service. Your access to the Service is permitted on the basis that you supply us required information and by providing the information you warrant they are up to date, accurate and correct.
3.3 you provide correct, current and complete information about yourself and organisation when registering.
3.4 you update the information you provide about yourself and organisation as required from time to time to maintain its truth and accuracy. If we discover that the information we hold about you and your organisation is incorrect, we may have to suspend or cancel your Gocustomate Account until we can establish the correct information, in order to protect us both.
3.5 Except for people or businesses that Gocustomate has authorised in writing to register accounts on behalf of their employees or clients, Gocustomate prohibits the registration of, and you agree that you will not register, an account for anyone other than yourself. You will comply with any and all the identification requirements made by us of you whether in respect of our obligations as an entity and subject to the money laundering regulations or for any other reason that we deem appropriate. You further acknowledge and agree that any failure by you to comply with such requirements will be a breach of this Agreement sufficiently serious for us to terminate it immediately and to deny you continued access to the Service.
3.6 You agree that you will not solicit, procure, collect or make use of the login credentials of any other Gocustomate user or users.
3.7 You are responsible for maintaining the security of your account and the secrecy of your password and agree not to disclose it to any third party. If you know or suspect that anyone other than you knows or has obtained your password and/or has accessed your account, you must immediately notify us at email@example.com and change your password.
3.8 You are responsible for the acts or omissions of any third parties who use your password to access your account, whether fraudulent or not, and you agree to reimburse us on demand for any loss we may suffer as a result of such use.
3.9 The Service can and will provide you with updates as to your balance and recent transactions. You acknowledge and agree that the Service may be delayed by 24 hours or more and that we cannot guarantee that any balances or latest transaction information is true and accurate. As such, you should use the information provided as guidance, and not rely on it as evidence of a certain balance being available in your account at any given time.
3.10 You can delete your account from the portal at any time.
3.11 To use your Gocustomate Account, you will need to access it online.
4. Adding funds to your Account
4.1 Subject to Gocustomate Account Limits, funds can be added to the Gocustomate Account via Direct Debit, Card payments, Bacs, Faster Payments, SEPA, CHAPS and international transfers. The Gocustomate Account Details will be required for adding funds via one of these methods and we will display that to you once logged into your Account. Funds can also be added to the Gocustomate Account by another Gocustomate member transferring funds from their Gocustomate’s account to your Gocustomate Account. Depending on how the funds are added to the Gocustomate Account, fees may apply.
4.2 A payment coming into your Gocustomate Account may not be credited to your Gocustomate Account if:
4.2.1 the Gocustomate Account has reached the Gocustomate Account Maximum Balance or Gocustomate Account Limits; or
4.2.2 the Account is inactive or blocked; or
4.2.3 the sender has provided incorrect/invalid Gocustomate Account Details for your Gocustomate Account; or
4.2.4 we suspect fraudulent activity on the Gocustomate Account; or
4.2.5 to do so is prohibited by any law.
4.3 The funds may be sent back to the sender without notifying you if paragraph 4.2 applies.
4.4 To set up a Direct Debit into your Customate Account, you must first authorise Gocustomate to take Direct Debit payments from your nominated UK bank account.
4.5 If a Direct Debit into your Gocustomate Account specifies that a payment is to take place on a specified day or on the last day of a certain period, then we will treat the Payment Instruction as being received on the day specified.
4.6 Any Direct Debit payment is usually taken from your nominated UK bank Account at the beginning of the Working Day it is due.
4.7 It is your responsibility of to check there is enough funds in your nominated UK bank account before any payment is due.
5. Removing funds and making payments
5.1 To make a payment (UK Faster Payment, SEPA payment) from your Gocustomate Account, you must first set up the recipient as a new payee via the “My Payee” screen. For setting up a new payee to make UK Faster Payment from your Gocustomate Account, you will need to provide name, UK account number and UK sort code or SEPA IBAN of the person/organisation you wish to pay.
6. Timing of transactions
6.1 Any payments will be made within the following timescales:
|Type of Transaction||Timescale|
|Incoming payment – bank transfer||Funds will be added to the Gocustomate Account the same Working Day we receive the funds.|
|Incoming payment – Direct Debit||Funds will be added to the Gocustomate Account the same Working Day we receive the funds. That is typically 7 working days after we have processed the Direct Debit.|
|Incoming payment – Card||Funds will be added to the Gocustomate Account the same Working Day we receive the funds. That is typically 7 working days after we have charged the card.|
|Internal transfer in||Funds will be added to the Gocustomate Account instantly|
|UK Payments out||Your Gocustomate Account will be reduced instantly, and funds will be sent on the same day. This should arrive at the destination bank on the same working day provided you instructed us by 11am CET|
|SEPA Payments out||Your Gocustomate Account will be reduced instantly and funds will be sent on the same day. This should arrive at the destination bank 1 working day later, provided you instructed us by 11am CET|
|Internal transfer in||Your Gocustomate Account will be reduced instantly and the recipients Gocustomate Account will be increased instantly.|
6.2 The time of receipt of a transaction order is when we receive it. You cannot stop a transaction after it has been transmitted to us and you have given consent, or when you have given your consent to a pre-authorised payment.
7. Authorisation for payments and stopping payments
7.1 It is your responsibility to ensure correct recipient account details and payment amount is provided when making any payment or setting up a payee. You are responsible if you give us incorrect instructions or mistakenly instruct us to make the same payment more than once, but we will try to help you get the money back. We may not always be able to do this, but we will do all we can. If we cannot get the money back, you can request the relevant information we have about the transaction to help you reclaim the money. We will provide this information on receiving a written request from you, unless the law prevents us doing so.
7.2 You can authorise us to make a payment from your Gocustomate Account via the Gocustomate portal by setting up electronic payments and giving us instructions via a third party, such as through a direct debit scheme. We will treat a payment as authorised by you if:
7.2.1 the transaction was authorised from the Gocustomate portal using the required entry passcode or credentials and that the payee had been approved;
7.2.2 you have set up or agreed to any Direct Debit Payments to be taken from your UK bank account; or
7.2.3 you have set up or agreed to any payments to be taken from your Card.
7.3 We may refuse to execute or process a payment (without prior notice to you) if:
7.3.1 the Gocustomate Account does not have enough Available Balance to cover the payment; or
7.3.2 the Gocustomate Account is suspended or closed; or
7.3.3 the Gocustomate Account has reached its Gocustomate Account Limits; or
7.3.4 we need to do so to comply with the rules of the payment system; or
7.3.5 we suspect fraudulent activity on the Gocustomate Account, or the payment is unlawful or fraudulent; or
7.3.6 we are concerned about fraud or unauthorised access to the Gocustomate Account by an Intermediary Payment Service Provider; or
7.3.7 required to comply with any law.
7.4 If we refuse to process a payment under 7.3 we will not be liable for any loss this may result in, nor will we be obliged to inform the intended recipient. You can check the Gocustomate Account to ensure there was enough Available Balance and/or that correct recipient details were provided at the point when the transaction was authorised or payee set up, or you can ask us why we have not executed a payment by contacting Customer Services. Unless the law prevents us, we will explain why and we will also tell you what you can do to correct any errors in the Payment Instruction.
7.5 You may not be able to stop any payments once it has been authorised by you. However you may be able to stop a Direct Debit or Card payment provided that:
7.5.1 the Direct Debit or Card payment is cancelled two Working Days before the Gocustomate Account is due to be credited; and
7.5.2 the payment has not already been made.
7.6 If you stop or cancel a Direct Debit at your bank, you must tell us immediately.
7.7 If, for any reason, a payment is processed for an amount greater than the Available Balance on your Gocustomate Account, you must repay us the amount by which the Full Deductible Amount exceeds your Available Balance immediately after receiving a notice from us. Should you not repay this amount immediately after receiving a notice from us we reserve the right to take all steps necessary, including legal action and/or closing your Gocustomate Account, to recover any monies outstanding.
7.8 The Available Balance on your Gocustomate Account will not earn any interest.
8. Checking Account balance
8.1 You can check the Available Balance and transaction history on the Gocustomate Account via the Gocustomate portal.
9. Gocustomate Account limits
Limits will be agreed in our contract
10. Scheduler feature
10.1 The Scheduler enables you to set up one time or recurring payments out of your Gocustomate Account and invite other Users to make payments into your Gocustomate Account.
10.2 For funds leaving your Gocustomate Account:
10.3 the scheduler allows you to establish the amount, currency (GBP or EURO), frequency (one time, weekly, monthly, quarterly, annually), payee details and your funding source (Wallet, Card, Direct Debit).
10.4 Should there not be enough funds in the Gocustomate Account because one of the funding sources has failed ahead of the scheduled payment date, the transactions that was scheduled will fail.
10.5 You are solely responsible for ensuring that you have enough funds available in your Gocustomate Account from your nominated funding source to meet your outgoings as they become due and neither Gocustomate nor any Provider can be held responsible for any costs or charges loss of credit rating or equivalent, accruing to you as a result of your failure to make any payment when due.
10.6 For funds arriving in your Gocustomate Account from an internal counterpart:
10.7 the scheduler allows you to establish the amount, currency (GBP or EURO), frequency (one time, weekly, monthly, quarterly, annually), nominate the payer (provided they are a registered User).
10.8 The Payer needs to accept the invite before the schedule is established.
10.9 You are responsible for inputting all details and the correctness of information in the Scheduler.
10.10 You acknowledge that the Gocustomate Scheduler has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Gocustomate Scheduler meet your requirements.
10.11 The Scheduler exists for the purpose of assisting Users to make automatic money transfers. You alone are responsible for your use of the Scheduler.
11. Closing your Account and returning your money
11.1 You may close your Gocustomate Account by contacting Customer Services via email. You may transfer any Available Balance to a UK bank account via Faster Payments (subject to Account Limits) or European bank account via SEPA payment before closing the Gocustomate Account.
11.2 Once the Available Balance is redeemed and the Gocustomate Account is closed, your Agreement will terminate. However, if paragraph 7.7 applies to your Gocustomate Account then your Gocustomate Account will remain active and your Agreement will continue to apply to you until there is no money outstanding on your Gocustomate Account.
11.3 All Direct Debit transactions that were set up to credit your Gocustomate Account will be rejected once your Gocustomate Account is closed.
11.4 If we find any additional withdrawals, fees or charges have been incurred on your Gocustomate Account following the processing of the redemption request, we’ll send an itemised invoice to you and we will require you to refund us immediately after receiving the invoice. Should you not repay this amount immediately after receiving an invoice from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding
12.1 Your Gocustomate Account is subject to fees. They will be determined depending on the volume and nature of transactions and agreed in our contract.
12.2 We will deduct any taxes or charges due from the Available Balance on your Gocustomate Account. If there is no Available Balance of funds, or taxes or charges exceed the balance of funds available, we shall send an invoice to you and will require you to refund us immediately after receiving the invoice. Should you not repay this amount immediately after receiving an invoice from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
13. Your relationship with third party providers
13.1 The Service is provided to you by Gocustomate but relies upon several third-party service providers (the “Providers”) for its operation. By using the Service, you agree to us sharing information about you and your financial activities with those service providers, and where necessary for the operation of the Service, creating accounts on your behalf with those Providers. You agree to abide by the terms and conditions of those Providers and that Gocustomate cannot be held liable for their actions or omissions. The Providers we use and their terms of service vary from time to time and you can obtain a full and up to date list of Providers by emailing firstname.lastname@example.org and requesting one.
13.2 By using the Service, you accept that you are using these Providers and that Gocustomate can accept no liability in respect of your relationship with those Providers. If you have any concerns or questions about those Providers, you should contact them directly, following the links made available on their individual websites.
13.3 In order to gain access to the Service you may be required to provide additional information to any or all those Providers for them to comply with their obligations under the among other laws, the Money Laundering Regulations 2007 (“KYC”). Such KYC may include a credit search which does not mark your credit profile. By signing up for an account, you expressly accept and agree to such a search against your credit profile. Your failure to comply with any KYC requirements or your failure to pass any relevant threshold for identification will result in the immediate suspension of the Service and you acknowledge and agree that you may not be provided further access to the Service until you have completed the KYC, passed the threshold or that you may not be allowed continuing access to the Service at all. .
13.4 any money taken from your account in the course of the provision of the Service is stored in an E-Wallet. If anything should happen to the Service, or the Service should become unavailable for any period, all of your money within Gocustomate will continue to be available from the E-Wallet Provider.
13.5 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.
13.6 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.
13.7 Gocustomate 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).
14. Availability of the service
14.1 We do not guarantee the availability of the Service and we reserve the right to vary, suspend, withdraw or discontinue the Service, or your access to it, at any time without notice to you. We will not be liable to you if, for any reason, the Service is unavailable at any time or for any period. Your deposited funds will always continue to be available in safeguarded accounts.
14.2 We may, from time to time, need or decide to perform maintenance, upgrades or emergency repairs, which may affect the availability of the Service.
14.3 You are responsible for making all arrangements necessary for you to have access to the Service.
14.4 If we terminate your access to the Service for any reason or if you delete your Account, your deposited funds will continue to be held in the safeguarded accounts but may no longer be available via the Service. If this is the case, you may need to contact us in order to gain access those deposited funds.
15. Web data charges
15.1 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.
15.2 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.
16. Copyright and Intellectual Property
16.1 We reserve all Rights in the name “Customate”, “Gocustomate”, the Customate.net, Gocustomate.net, Gocustomate.com domain names and all related domains and sub-domains, our logo and our service marks, brand names, trading names and/or trademarks appearing anywhere on the Service.
16.2 Other trademarks, products and company or brand names mentioned on the Service may be the trademarks of their respective owners or licensors and all Rights in such trademarks are reserved to their respective owners or licensors.
17. Our liability to you
17.1 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or to any content on it and to the provision of the Service whether express or implied.
17.3 Please note that we will not be liable for: (i) loss of profits, sales, business or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect, special or consequential loss or damage of any kind.
17.4 We will not be liable for any loss or damage caused by Viruses that may infect your information technology (including your mobile telephone), data or other proprietary material due to your use of the Service or your downloading of any content on it, or on any website linked to it.
17.5 Subject to this clause, our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
17.6 we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to failure of data processing systems;
17.7 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
17.8 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
17.9 in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 17.8; and
17.10 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.
17.11 Nothing in this Agreement shall exclude or limit our liability for (i) death or personal injury resulting from our negligence or (ii) fraud or fraudulent misrepresentation or (iii) any other liability which may not be limited or excluded by law.
17.12 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
17.13 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
17.14 In the event of suspected or actual fraud or security threat to your Gocustomate Account, we will use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity for security purposes.
18. Your use of the service and liability to us
18.1 Gocustomate hereby grants you a non-exclusive, non-transferable, revocable license to use the Gocustomate platform (the “User Licence”). All other rights are reserved by Gocustomate and its licensors.
18.2 By signing up to the Service, you hereby appoint Gocustomate as your attorney to create accounts in your name with the Providers such as may be required to provide the Service and you grant Gocustomate the right administer the account in accordance with the requirements of the Service and your instructions and hold them harmless from any liability as a result of the operation of the Algorithm or the execution of your instructions or the provision of the Service.
18.4 You acknowledge that some of the Service may be supported by advertising or sponsorship revenue and that the Service may feature advertisements, sponsorship credits and/or promotions. The manner, mode and extent of any advertising or sponsorship on the Service may be subject to change without notice to you.
18.5 You acknowledge and agree that we may not always identify paid services, sponsored content or commercial communications as being such, except to the extent required by law.
18.8 You are responsible for the use of your Gocustomate Account.
18.9 We may restrict or refuse to authorise any use of your Gocustomate Account including transactions in any legal jurisdiction if using the Gocustomate Account is causing or could cause a breach of this Agreement or if we have reasonable grounds for suspecting that you or a third party has committed or is about to commit a crime or other abuse in connection with the Gocustomate Account.
18.10 Where appropriate, any refusal to authorise a transaction will be relayed to you via the Merchant concerned.
18.11 You must also keep safe any security information or credentials related to the Gocustomate Account.
18.12 You will be liable for all unauthorised transactions that arise from the use of a lost or stolen Gocustomate Account security information if you fail to keep the security features of the Gocustomate Account safe.
18.13 You must ensure you do not:
18.13.1 allow another person to use your security information related to the Gocustomate Account.
18.13.2 write down password(s), PIN or any security information related to Gocustomate Account unless this is done in a way that would make it impossible for anyone else to recognise any of that information, or
18.13.3 disclose your PIN or any security information related to your Gocustomate Account or otherwise make them available to any other person, whether verbally or by entering them in a way that allows them to be observed by others; or
18.13.4 allow a third party to use or access your Gocustomate Account.
18.14 You must not disclose or make available your Gocustomate Account credentials to a third party
18.15 You will be responsible for all transactions which you authorise.
18.16 You will be liable for all transactions that take place as a result of you acting fraudulently or failing to comply with this Agreement with intent or gross negligence. Any such transactions and any fees and charges relating to such transactions will be deducted from the Available Balance on your Gocustomate Account.
18.17 It is your responsibility to keep us updated of changes to your information, including e-mail address and mobile numbers. Failure to do so may result in us being unable to contact you regarding your Gocustomate Account, including the provision of refunds to which you might be entitled or to let you know about changes to this Agreement.
18.18 You agree to indemnify and hold harmless, us and our distributors, partners, agents, sponsors, and service providers and their group companies from and against the costs of any legal action taken to enforce this Agreement and/or any breach of this Agreement or fraudulent use of the Gocustomate Account, log in details, or PIN by or authorised by you.
18.19 The Gocustomate platform is only supported on the operating systems and browsers described in our FAQ page. Use of the Gocustomate Platform on such a device is at your risk and neither Gocustomate nor its Suppliers can be held responsible for any loss or data, information or financial loss
18.20 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”).
18.21 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.
18.22 You must not access the Service via a means not authorised by Gocustomate, 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 Gocustomate’s express written consent).
18.23 You agree not to use the Service for any illegal or unauthorised purpose or in any way that is fraudulent or illegal or has any fraudulent or illegal purpose or effect including without limitation, any activity regulated or prohibited by the Money Laundering Regulations 2007, the Proceeds of Crime Act 2002 or any other legislation from time to time applicable to the Service. You agree to comply with all laws, rules and regulations applicable to your use of the Service, including, but not limited to, copyright, financial, regulatory and other laws. To the extent that your use of the Service is not legal in your jurisdiction, you may not use the Service.
18.24 You must not change, modify, adapt or alter the Service or change, modify, adapt or alter another website to inaccurately imply an association with the Service or with Gocustomate.
18.25 Gocustomate does not accept unsolicited content, information, ideas, suggestions or other materials except where Gocustomate 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.
18.26 Where you do submit unsolicited content, information, ideas, suggestions or other materials submitted in breach of this policy, 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.
19. Termination and suspension
19.1.1 immediate, temporary or permanent withdrawal of your right to use the Service;
19.1.2 issue of a warning to you;
19.1.3 legal proceedings against you for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
19.1.4 further legal action against you; and/or
19.1.5 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
19.2 The responses described above are not limited and we may take any other action we reasonably deem appropriate.
19.3 We can terminate this Agreement at any time:
19.3.1 if we give you one months’ notice and refund the Available Balance to you without charge, or
19.3.2 with immediate effect if you have breached this Agreement, or
19.3.3 if we have reason to believe that you have used, or intend to use the Gocustomate Account in a grossly negligent manner or for fraudulent or other unlawful purposes or
19.3.4 if we can no longer process your transactions due to the actions of third parties.
19.4 We can suspend or terminate your Gocustomate Account and Gocustomate Account Details at any time with immediate effect (and until your default has been remedied or the Agreement terminated) without any prior notice to you if:
19.4.1 we discover any of the information that you have provided to us when applied for your Gocustomate Account was incorrect; or
19.4.2 we believe that this is necessary for security reasons; or
19.4.3 we suspect or to prevent suspected unauthorised or fraudulent use of your Gocustomate Account or any security credentials related to any Gocustomate Account; or
19.4.4 if you have reached your Gocustomate Account Limit; or
19.4.5 any legal obligations require us to do so; or
19.4.6 you have breached this Agreement, or we have reason to believe that you have used or intend to use the Gocustomate Account in a grossly negligent manner or for fraudulent or other unlawful purposes or if we cannot process any transactions due to the actions of third parties.
19.5 If we do suspend or terminate your Gocustomate Account then if we are able to do so, we will tell you in advance otherwise we will let you know immediately afterwards (to the extent the we are permitted by law). We may advise anyone involved in the transaction if a suspension has taken place.
19.6 If any additional fees are found to have been incurred on your Gocustomate Account following termination by either you or us, then subject to this Agreement, you shall refund to us any sum which relates to a withdrawal on the Gocustomate Account or fees and/or charges validly applied whether before or after termination. We will send an invoice to you and will require you to refund us immediately. Should you not repay this amount immediately after receiving an invoice from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
20. Linking to our website
20.1 You may link to any page of our Website, if 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.
20.2 You must not suggest any form of association, approval or endorsement on our part where none exists.
20.3 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.
21. General provisions & applicable law
21.1 You may not assign or transfer any of your rights and/or benefits under this Agreement and you shall be the sole party to the contract between us. You will remain liable until all Gocustomate Accounts issued to you are terminated and all sums due under this Agreement have been paid by you in full. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under this Agreement.
21.2 No third party who is not a party to this Agreement has a right to enforce any of the provisions in this Agreement.
21.3 The Financial Services Compensation Scheme is not applicable for this Gocustomate Account. No other compensation schemes exist to cover losses claimed in connection with your Gocustomate Account. We will however safeguard your funds against any loss that can be reasonably anticipated.
21.8 From time to time updates to the Gocustomate platform may be issued. Depending on the update, you may not be able to use the Gocustomate platform until you have accepted any new terms.
21.9 The Website may contain links to third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content. You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them. We shall have no liability to you in connection with any Third-party Sites.
21.10 This Agreement is governed by English law and you agree to the exclusive jurisdiction of the courts of England and Wales.
21.11 Nothing in this agreement 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.
22. Contact, Enquiries or complaints
22.1 If you have a query regarding your Gocustomate Account, please refer the FAQs on the Website or you can contact us by emailing us at email@example.com between the hours of 9am and 5pm UK time, Monday to Friday excluding public bank holiday.
22.2 Complaints regarding any element of the service provided by us can be sent to Customer Services by emailing us at firstname.lastname@example.org.
22.3 All complaints will be subject to our complaints procedure. We will provide you with a copy of our complaints procedure upon request and, if we receive a complaint from you, a copy of our complaints procedure will automatically be posted to you.
22.4 If we fail to resolve your complaint to your satisfaction you may refer your complaint to the Financial Ombudsman Service (Exchange Tower, London E14 9SR, phone 0800 023 4567). Details of the service offered by the Financial Ombudsman Service are available at www.financial-ombudsman.org.uk.
23. Fair processing notice
23.1 In order to process your application, we will supply your personal information to credit reference agencies (CRAs) and they will give us information about you, such as about your financial history. We do this to assess creditworthiness and product suitability, check your identity, manage your account, trace and recover debts and prevent criminal activity. We will also continue to exchange information about you with CRAs on an ongoing basis, including about your settled accounts and any debts not fully repaid on time. CRAs will share your information with other organisations. When CRAs receive a search from us they will place a search footprint on your credit file that may be seen by other lenders. Your data will also be linked to the data of your spouse, any joint applicants or other financial associates.