Last revised: 25 July, 2011
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND J Expert Ltd., A BUSINESS REGISTERED in the UK.
ANY REFERENCE TO "Bank Control" or "Service" IN THIS AGREEMENT INCLUDES SERVICE, APPLICATIONS
and web sites provided by J Expert Ltd. as parts of the Bank Control system.
AS USED IN THIS AGREEMENT, THE WORDS "YOU" AND "YOUR" REFER TO YOU, THE Bank Control USER, AS THE PARTY AGREEING TO THESE TERMS AND CONDITIONS TO USE THE Bank Control SERVICE, Bank Control APPLICATIONS and Bank Control web site.
THE WORDS "WE", "US", "OUR" AND ANY OTHER VARIATION THEREOF REFER TO J EXPERT LTD. as an owner and provider of the Bank Control service.
1. ACCEPTANCE OF TERMS
J EXPERT LTD. PROVIDES ITS BANK CONTROL SERVICE TO YOU, SUBJECT TO THESE TERMS AND CONDITIONS,
WHICH MAY BE UPDATED BY US FROM TIME TO TIME. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE
AGREEMENT ONLINE AT ANY TIME.
BY USING THE SERVICE, YOU SIGNIFY YOUR AGREEMENT WITH THESE TERMS AND CONDITIONS.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with J Expert Ltd. If you accept this Agreement, you represent that you have the capacity to be bound by it, and we suggest you print or save a local copy of this Agreement for your records.
Please, read and understand the detailed description of the Bank Control product, its security and potential risks on our web site www.bankcontrol.co.uk before you accept these terms and conditions. By accepting these terms and conditions you also agree that you understand and accept the way Bank Control operates and associated risks highlighted on our web site.
2. DESCRIPTION OF SERVICE
The Bank Control service, applications and functions provided by J Expert Ltd. form a personal finances management system that allows you to consolidate and track you personal financial information on mobile or other devices.
The Bank Control Service provides you with access to personal online information from your various third party accounts and information sources ("Providers") via the Internet and mobile or other devices. In order to receive the Service, you will need to provide Bank Control service with your account information and any information necessary for us to access your bank or credit card accounts with the service Providers you choose. By using the Service, you expressly authorise J Expert Ltd. to access your account information on your behalf and as your agent, solely for the purpose of providing the Services to You. Each time you add an account through your use of the Service, you will be connected to the web site of the third party you have identified. Bank Control service will submit information including usernames and passwords that you provide to log you into the Provider's site. You hereby authorise and permit J Expert Ltd. to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information.
YOU ACKNOWLEDGE AND AGREE THAT WHEN BANK CONTROL SERVICE IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, SUCH AS ACCOUNT OR CREDIT CARD PROVIDERS, J EXPERT LTD. IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.
The Bank Control Service is not sponsored or endorsed by any third parties accessible through the Service.
At this stage, J Expert Ltd. or Bank Control service are not affiliated with any of the account or credit card Providers we support.
3. YOUR USE OF THE SERVICE
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity, and you may only access and use the Service for lawful and personal purposes.
Accurate records enable us to provide the Service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, and you may not misrepresent any Account Information. In order for the Service to function effectively, you must also keep your Bank Control Profile Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that J Expert Ltd., in its sole discretion, may elect to take.
Bank Control service and application are free for personal use. You will be notified in advance about any changes to the Bank Control subscription model.
J EXPERT LTD. IS COMMITTED TO PROTECTING YOUR PRIVACY. We do not and will not sell or rent your personal information to anyone, for any reason, at any time. J Expert LTD. uses and discloses your personal information only as follows:
We may send you some limited marketing messages or notifications about changes to the Bank Control Service. These messages will be directed from us and we will never pass your details to any third parties.
We may make public or provide third parties with depersonalised statistical information based on multiple Bank Control Profiles. This information will never contain any names, login details, passwords or any other information which may help identify you or your accounts.
5. SERVICE PROFILE, PASSWORD AND SECURITY
Your Bank Control Profile becomes available immediately after you complete the Service registration process. As part of the registration, we require you to provide a real and working email address which we use to notify you about security related changes applied to your Profile. You will receive an email verification and profile activation message upon completing the Service's registration process. You must complete Profile activation according to the instructions we send. Failure to complete Profile activation by the specified time will result in your Profile deactivation and removal.
You are responsible for maintaining the confidentiality of the passwords and Profile, and for all activities that occur under your password or Profile. You agree to notify us immediately of any unauthorised use of your password or Profile, or if you believe your password has been lost or stolen or any other breach of security. You are also responsible for any fees associated with use of other services accessed through the Service.
This Agreement will be in effect from the date of your completed registration with the Bank Control Service. Either you or J Expert Ltd. may terminate this Agreement at any time with or without notice. The provisions and all obligations of and restrictions on you and any user of your Profile with respect to the Service shall survive any termination of this Agreement.
You agree that J Expert Ltd., in its sole and absolute discretion, may terminate your passwords, Profile (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if J Expert Ltd. believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. J Expert Ltd may, also, in its sole and absolute discretion, and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that J Expert Ltd. may immediately deactivate or delete your account and all related information and files in your Profile and/or prohibit any further access to all files or the Service by you. Further, you agree that J Expert Ltd shall not be liable to you or any third party for any termination of your access to the Service.
You can cancel your registration with the Bank Control Service at any time and have your information deleted from our records. To update or cancel your Bank Control Profile, log in to your profile at www.bankcontrol.co.uk and navigate to a relevant form of the My Profile section.
7. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE BANK CONTROL SERVICE, INFORMATION, DATA, FEATURES AND ALL CONTENT, IS OFFERED AND MADE AVAILABLE HEREIN ON AN "AS IS" AND "AS AVAILABLE" BASIS. J EXPERT LTD. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
J EXPERT LTD. MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
The Bank Control Service is not intended to provide legal, tax or financial advice. J Expert Ltd. is not a financial planner, broker or tax advisor. To the extent you use the Service for banking or other financial services, the Service is intended only to assist you in your financial organisation and decision-making and is broad in scope. Before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
You understand and agree that any information or alerts provided to you through the Service may be delayed or prevented by a variety of factors. J Expert Ltd. does its best to provide alerts in a timely manner with accurate information, but we cannot guarantee the delivery or accuracy of the content of any alert. J Expert Ltd. shall not be liable for:
8. LIMITATION OF LIABILITY
J EXPERT LTD. SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR USE OF THE BANK CONTROL SERVICE OR THIS AGREEMENT, EVEN IF J EXPERT LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
J Expert Ltd. does its best to secure your information but we can not protect you from unauthorised or malicious access to information kept by Bank Control client application on your mobile or other device. This includes, but is not limited to you financial transactions synchronised with your Providers, settings, alerts or notifications. J Expert Ltd. shall in no event be responsible or liable to you or to any third party for any financial or other loss occurred as result of unauthorised or malicious access to any information kept by Bank Control application on your devices.
9. MODIFICATIONS TO SERVICE
J Expert Ltd. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Bank Control Service (or any part thereof) with or without notice. You agree that J Expert Ltd. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Service, you represent and warrant to J Expert Ltd. that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service in any manner, which could damage, disable, overburden, or impair the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree not to access the Service by any means other than through the interface that is provided by Bank Control Service and Applications for use in accessing the Service.
11. J EXPERT LTD. INTELLECTUAL PROPERTY RIGHTS
All content on Bank Control Service, client applications and web site, including, without limitation, any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, lay out, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organisation, assembly, arrangement, and all intellectual property of any kind whatsoever, is owned exclusively by J Expert Ltd. and is protected by UK and international copyright and intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no content on this Service may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of J Expert Ltd.
You are not allowed to reverse engineer, decompile or disassemble bank Control software.
The Bank Control client software contains unmodified binary redistributions for H2 database engine (http://www.h2database.com/), which is dual licensed and available under a modified version of the MPL 1.1 (Mozilla Public License) or under the (unmodified) EPL 1.0 (Eclipse Public License). An original copy of the license agreement can be found at: http://www.h2database.com/html/license.html.
Any feedback, questions, comments, suggestions, ideas or the like, that you send to Bank Control or J Expert Ltd. will be treated as being non-confidential and non-proprietary, and J Expert Ltd. will be free to use such information for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services incorporating the information. Any submission to this Service shall be deemed and remain the property of J Expert Ltd.
This Agreement constitutes the entire agreement with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether, electronic, oral or written, between J Expert Ltd. and you.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
Headings used herein are for convenience only and shall not limit, control or add to the meaning of any term, provision or condition.
©2010 - 2011 Copyright J Expert Ltd. All Rights Reserved.