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Terms and Conditions

Terms and Conditions

General Terms and Conditions

This page (together with our Privacy Policy, which can be found on our site) tells you information about us and the legal terms and conditions ("Terms") on which we provide you with access to Sprive, a mortgage assistant available through our mobile application (App) that helps you make overpayments to your mortgage lender.

These Terms will apply to your use of Sprive and the provision of our services to you. Please read these Terms carefully and make sure that you understand them, before signing-up to use Sprive. Please note that before you use Sprive you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to use Sprive.

We amend these Terms from time to time as set out in clause 10. Please check these Terms periodically to ensure you understand the terms which will apply at that time. You may ask for a copy of the then current Terms at any time.

These Terms and all information will be in the English language.

1. Information about us

    1.1 Who we are

    We are Sprive Limited, a company registered in England and Wales under company number 12102682 and our registered office is at 6 Golf Close, Bushey, Hertfordshire, England, WD23 2DF. We operate the website https://sprive.com and the services available through our App.

    1.2 Our regulatory status

    Sprive Limited (FRN: 919863) is FCA registered and we’re an appointed representative of Albany Park Limited for the purposes of agreeing to carry on a regulated activity, arranging regulated mortgage contracts; and making arrangements with a view to regulated mortgage contracts; transactions in investments for standard protection insurance and providing Credit Information Services. Albany Park Limited is authorised and regulated by the Financial Conduct Authority (FRN: 304130) and its registered office is at X92 Cody Technology Park, Old Ively Road, Farnborough, Hampshire, GU14 0LX.

    1.3 Precedence

    In the event of any conflict or inconsistency between:

      1. the Terms of Website use;
      2. these Terms; and
      3. any Product terms,

    these Terms will prevail and take precedence over the Product terms which, in turn, shall prevail over the Terms of Website Use.

    1.4 Contacting us

    If you wish to contact us for any reason, including because you have any complaints, you can contact us by emailing us at hello@sprive.com. We can also be contacted in-app via our help widget.

    If we have to contact you or give you notice in writing, we will do so by email, using details you provide to us.

    1.5 Security incidents

    If we become aware or suspect that you are, “or have been affected” by fraud or an operational security incident, we will contact you via email.

2. Our service

    1. You must be over 18 years old to use Sprive and resident with a bank account in one of the countries in which we operate.

    2. When you register for the Service, you acknowledge that we and our suppliers may carry out checks on your identity to satisfy anti-money laundering and terrorist financing legislation, fraud checks, and other applicable legal requirements. Your right to use the Service is restricted until you have satisfied our customer due diligence checks.

    Sprive will help you make overpayments to your mortgage lender. Our algorithm calculates a monthly target for you to pay each month based on your goal. Sprive will not take any liability if the algorithm is inaccurate in any sense and the subsequent payments do not achieve the goal for reasons other than the inaccuracy of the algorithm.

3. Access to Sprive

    1. Access to Sprive will be through our App only.

    2. You must not permit anyone else to use your login details to access Sprive. You must treat as confidential the user identification code, password and any other piece of information as part of our and the relevant messaging service provider’s security procedures, and you must not disclose it to any third party.

4. Financial advice

    1. No information provided on our site or app is intended to constitute, mortgage, tax or legal advice or any other type of advice, nor does it recommend particular products or services. Any reliance that you may place on the information on our app and site is at your own risk.

    2. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the information on this site.

    3. While we aim to keep the information on the app and our site accurate, complete, and up-to-date, we cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information. Accordingly, we will not be liable in respect of any losses you may suffer arising out of such information or any reliance you may place upon such information.

    4. You are solely responsible for the accuracy and reliability of any information or materials uploaded by you through the app and our site and you hereby acknowledge and agree that we will not be responsible, or liable to any third party, for the content or accuracy of any information or materials submitted by you through the app or our site.

5. Payments to your Mortgage Lender

    1. In using the Service, you are responsible for ensuring that the funds being paid are to the correct account at your lender and that the correct mortgage account number has been linked to your Sprive account.

    2. One aspect of our service is designed to demonstrate how making overpayments to your mortgage could positively impact the remaining term of your mortgage, and in turn, how much interest you could end up saving by paying it off faster. But every mortgage is different, so our overpayment tools and calculators necessarily make a series of assumptions about your mortgage. So we will only ever provide an indicative overview of your mortgage and the impact of any overpayments, and our assumptions and data cannot be relied upon to be 100% accurate.

    3. You are responsible for ensuring that mortgage overpayments to your lender are permitted based on the terms of your mortgage deal. Sprive will not take any liability for any early repayment charges that you may incur for payments made via the Sprive app.

    4. If you (or someone using your device (see section 15) instructs payment to the wrong account and the payment is made successfully that Sprive will accept no liability for any loss which you incur as a result of the error.

6. Sprive suppliers

    1. To provide Sprive to you we work with a number of third parties. Please refer to our Privacy Policy for information about our suppliers’ processing of personal data.

    2. We use a tool provided by TrueLayer Limited (www.truelayer.com) (“TrueLayer”) to initiate payments from your payment account. When you instruct a payment via our app using TrueLayer, TrueLayer's terms of service (“Terms of Service”) will apply to the payment initiation. The Terms of Service set out the terms on which you agree to TrueLayer initiating payment from your payment account.

    TrueLayer is subject to UK and EU data protection laws and is required to treat your data in accordance with those laws, as the Terms of Service and TrueLayer’s Privacy Policy.

    TrueLayer is authorised by the UK Financial Conduct Authority under the Payment Services Regulations 2017 to provide account information services and payment initiation services (Firm Reference Number: 901096).

    3. We may from time to time, appoint additional or alternative suppliers to provide the services that make Sprive work.

7. Fees

Whilst Sprive is free to use, we reserve a right to charge a fee for our provision of Sprive and/or for any of the Products we offer, as set out on the site from time to time.

8. Use of Sprive

Your use of Sprive (including our App) is governed by our *Terms of Website Use *which can be found on our site. Please take the time to read this, as it includes important terms which apply to you.

9. How we use your personal information

We only use your personal information in accordance with our Privacy Policy which can be accessed through Sprive. Please take the time to read our Privacy Policy as it includes important terms which apply to you.

10. Our right to vary these Terms

    1. We expect to update or amend these Terms from time to time to comply with law or to meet our changing business requirements.

    2. We can make changes to these Terms without your specific agreement where those updates are, in our reasonable opinion, of an immaterial and routine nature. We may not always be able to give you advance notice of such updates or amendments but we will always post them on our site so you can view them when you next visit our site. In these circumstances, by continuing to use Sprive, you agree to be bound by the amended terms and conditions.

    3. If you do not agree to the proposed changes you can notify us and we will arrange for your account to be closed.

11. Warranties

    1. You expressly understand and agree that:

      1. You use Sprive and all information, products and other content (including that of third parties) included in or accessible from Sprive at your sole risk.

      2. Sprive is provided on an "as is" and "as available" basis. We and our suppliers expressly disclaim all warranties of any kind as to Sprive and all information, products and other content (including that of third parties) included in or accessible from Sprive, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

    2. Sprive will meet your requirements;

      1. Sprive will be uninterrupted, timely, secure, or error-free;

      2. The results that may be obtained from the use of Sprive will be accurate or reliable;

      3. The quality of any products, services, information, or other material purchased or obtained by you through Sprive will meet your expectations; or

      4. Any errors in the technology will be corrected.

    3. Any material downloaded or otherwise obtained through the use of Sprive is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from our suppliers or us through or from Sprive will create any warranty not expressly stated in these Terms.

12. Our liability

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time you started using Sprive.

13. Indemnification

    1. You agree to protect and fully compensate our suppliers and us and our affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable solicitors’ fees) caused by or arising from your use of Sprive, your violation of these Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

    2. If our App damages a device or digital content belonging to you, we will not be liable for damage.

    3. We only provide Sprive for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    4. We do not in any way exclude or limit our liability for:

      1. death or personal injury caused by our negligence; or

      2. fraud or fraudulent misrepresentation.

    5. Subject to clause 13.4, and to the extent permitted by applicable law, neither we nor our suppliers will be liable to you in connection with Sprive (including your use or inability to use Sprive) for:

      1. loss of profits or goodwill;

      2. any statement or conduct on or via Sprive by any third party;

      3. loss of data which is caused by factors other than negligence or breach of statutory duty on our part or that of our suppliers;

      4. the acts or omissions of the providers of your Personal Account(s);

      5. the cost to you of obtaining goods or services as substitutes for the services we provide through Sprive; or

      6. loss as a result of your mobile device being lost or stolen or if you suspect someone has gained unauthorised access

      7. any other loss or damage suffered by you in connection with Sprive.

    6. Sprive is not intended to provide financial advice. Your financial situation is unique. We are not responsible for ensuring your Sprive Account has sufficient funds for your needs, purposes, or transactions. We do not make any representations, warranties, or guarantees of any kind that Sprive is appropriate for you.

14. Communications between us

    1. When we refer, in these Terms, to "in writing", this will include email only.

    2. You may contact us as described in clause 1.4.

15. Lost or stolen mobile device

If your mobile device is lost or stolen or if you suspect someone has gained unauthorised access to your username or password, you must contact us immediately at hello@sprive.com. In order to take any action, you will need to provide certain account information so we can verify your identity.

16. Cancelling your account

    1. You can cancel your use of Sprive at any time within Sprive.

    2. We can cancel our provision of Sprive to you if:

      1. Your use of Sprive has been inactive for an extended period of time; or

      2. You commit a serious breach of these Terms.

    3. If your account is cancelled, we will transfer any funds standing to the credit of your Sprive Account to your Personal Account within two business days.

    4. If you have cancelled any of your Personal Accounts or transferred a Personal Account to another bank, you must inform us as soon as reasonably possible.

17. Other important terms

    1. We can transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you if this happens.

    2. Our agreement is between you and us. Save as otherwise expressly provided for in these Terms, no other person will have any rights to enforce any of its terms.

    3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

    4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

    5. These Terms are governed by English law. This means any dispute or claim arising out of or in connection with these Terms will be governed by English law. If you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. You and we agree that otherwise, the courts of England will have exclusive jurisdiction.

Terms of Website use

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website https://sprive.com. Use of Sprive includes accessing, browsing, or registering to use Sprive.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using Sprive, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use Sprive.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, which can be found through Sprive, sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

  • Our Sprive Terms & Conditions which can be found through Sprive, apply to users who sign up to use our services (“Sprive Terms and Conditions”).

Information about us

https://sprive.com is a site operated by Sprive Limited. A limited company registered in England and Wales under company number 12102682 and having its registered office at 6 Golf Close, Bushey, Hertfordshire, England, WD23 2DF (referred to in these terms as "We", “Our”, “Us”).

Changes to these terms

We may revise these terms of use at any time.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site

We may update Sprive from time to time, and may change the content at any time. However, please note that any of the content on Sprive may be out of date at any given time, and we are under no obligation to update it.

If we change these terms of use, we will post the revised document here with an updated effective date. If we make significant changes to these terms of use, we may also notify you by other means such as sending an email, or posting a notice on our website.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing Sprive

Our site and app are made available free of charge

We do not guarantee that Sprive, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Sprive without notice. We will not be liable to you if for any reason Sprive is unavailable at any time or for any period. We reserve the right to restrict or deny you access to all or some parts of Sprive if, in our opinion, you have failed to comply with these terms of use.

You are responsible for making all arrangements necessary for you to have access to Sprive.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Sprive is directed to people residing in the United Kingdom. We do not represent that content available on or through Sprive is appropriate or available in other locations. We may limit the availability of our site or any service or product described on Sprive to any person or geographic area at any time.

Intellectual property rights

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

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on Sprive for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of Sprive in breach of these terms of use, your right to use Sprive will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on Sprive is provided for general information only. It is not intended to amount to financial advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Sprive.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, Sprive; or
  • use of or reliance on any content displayed on our site.

As a consumer using Sprive, please note that we only provide Sprive for domestic and private use. You agree not to use Sprive for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked to from Sprive. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in the Sprive Terms and Conditions.

Viruses

We do not guarantee that Sprive will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Sprive will cease immediately.

Linking to Sprive

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to Sprive in any website that is not owned by you.

Sprive must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on Sprive other than that set out above, please contact hello@sprive.com

Validity

If any part or provision of these terms of use are found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.

Third party links and resources in our site

Where Sprive contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Applicable law

As a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. If you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. You and we agree that the courts of England will otherwise have exclusive jurisdiction.

Contact us

To contact us, please email hello@sprive.com.

Thank you for visiting Sprive.