As part of the MortgageGym customer experience, we provide your Experian Credit Score (provided that Experian is able to verify your identity). As Experian will provide your Experian Credit Score to you, your contract for the Credit Score Service will be with Experian. The terms of that contract are set out below.
References to "we", "us" and "our" in these Terms and Conditions are to Experian Limited. References to "you" or "your" in these Terms and Conditions are to you as a user of the Website and Credit Score Services.
“App” means a mobile device application from MortgageGym for the use of certain services. Apps can be downloaded from an application distribution platform.
“Credit Score Services” means the supply to an individual of Experian’s credit score for that individual and hints and tips in relation to that credit score.
"FCA" means the financial services regulatory body known as The Financial Conduct Authority of 25 The North Colonnade, Canary Wharf, London, E14 5HS. The FCA can be contacted at www.fca.org.uk.
"FSMA" means the Financial Services and Markets Act 2000, as amended from time to time, including any conduct of business rules developed by the FCA pursuant such legislation.
“MortgageGym” means Mortgage Gym Limited (company number 9328054) whose registered office is at Abbots House, Abbey Street, Reading, Berkshire RG1 3BD.
"Our Material" means content, data and materials (including but not limited to information, reports, reviews, comment and opinion) delivered to you as part of the Credit Score Services (whether on a computer screen, in email or paper format) or contained in the Websites, including the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software and applets.
“Terms and Conditions” means the terms and conditions set out here.
“Website” means the Experian page shown in a website or App operated by MortgageGym through which we provide the Credit Score Services and any replacement website or App used from time to time and which you can access by signing up to the Credit Score Services at www.mortgagegym.com or via MortgageGym’s App.
"Your Data" means information and data you have provided to us on or in connection with the Websites and/or Credit Score Services, which may from time to time include Personal Data as defined by the Data Protection Act 1998 (as amended).
- We are Experian Limited, a company registered in England and Wales at Companies House with company number 00653331. Our registered office is at The Sir John Peace Building, Experian Way, NG2 Business Park, Nottingham NG80 1ZZ, United Kingdom. Our VAT registration number is GB 887 1335 93.
- We are members of the Experian group of companies - for further information see www.experianplc.com
- For general enquiries not related to a particular Service you can contact us. Our contact details for enquiries about the Service is set out on the Website.
- We have an arrangement in place with MortgageGym to provide you with the Credit Score Services free of charge. These Credit Score Services are delivered to you and will be shared with MortgageGym and any mortgage broker(s) which you request MortgageGym refer you to.
Important information about these terms and conditions
- These Terms and Conditions relate to your use of the Credit Score Services.
- We intend to rely on these Terms and Conditions and it is our intention that you will be legally bound by them when you use the Credit Score Service via the Website. For your own benefit and protection you should read these Terms and Conditions carefully before using them. IN PARTICULAR YOUR ATTENTION IS DRAWN TO THE SECTIONS ON “OUR LIABILITY TO YOU” AND OUR “PROVIDING THE CREDIT SCORE SERVICES TO YOU”. If you do not understand any point please contact us.
- We advise you to print these Terms and Conditions and keep a copy for your future reference.
- You may have other consumer rights granted by law and these Terms and Conditions do not affect such rights.
Our credit score services
- Our Credit Score Service is as described on the Website. You must be aged 18 or over in order to sign up for and receive the Credit Score Service.
- We can only verify your identity and provide you with a copy of your own personal Experian credit score. You are responsible for ensuring that Your Data, which you verify and which is submitted to us via the MortgageGym Website or App, is true and accurate.You should be aware that your credit score is calculated on the basis of the information that you have provided, so any untrue or inaccurate information could lead to you being provided with an incorrect credit score.
- The Credit Score Service uses information from your Experian Credit Report to create your Experian credit score. The Credit Score Service provides your Experian Credit Score once, on the date you request it, and it will not be updated.
- We will retain a copy of your Experian Credit Score for 12 months.
- To be able to use the Credit Score Service you will need to sign up to use the MortgageGym application process to support your mortgage application. As part of this process, you will have the opportunity to see your Experian Credit Score provided that we are able to successfully verify your identity. We will do this by checking the details you provide during the journey against details held on databases to which we have access for this purpose. Your Experian Credit Score is a one time view score. This means that it will be available to you through the MortgageGym website (as part of your application journey and in the MortgageGym portal page) to view at any time provided that you have access to the MortgageGym website, but it will not be updated or refreshed. In the unlikely event that we are unable to verify your identity we will not be able to provide you with your Experian credit score.
- A record of Your Data will be kept and may be used by other organisations for verification and fraud
prevention purposes. We will check your details with the records we hold and share with fraud prevention
agencies. If false or inaccurate information is provided and fraud is identified, we will record this and
details will be be passed to the other fraud prevention agencies. Law enforcement agencies may access and use
this information. We and other organisations may also access and use this information to prevent fraud and
money laundering, for example, when:
- Checking details on applications for credit and credit related or other facilities.
- Managing credit and credit related accounts or facilities.
- Recovering debt.
- Checking details on proposals and claims for all types of insurance.
- Checking details of job applicants and employees.
- Please contact us at Experian Ltd, PO Box 8000, Nottingham, NG80 7WF if you want to receive details of the fraud prevention agencies referred to in Clause 5.2. We and other organisations may access and use from other countries the information recorded by fraud prevention agencies.
- The Credit Score Services are provided to you free of charge.
Providing the credit score services to you
- We will endeavor to provide the Credit Score Services with reasonable care and skill and to ensure that the Credit Score Services are substantially as described on the Website and in these Terms and Conditions. The Credit Score Services are provided to you for your personal use only.
- While we try to ensure that the Credit Score Services function correctly, this may not always be achievable. We do not guarantee that the Website or Credit Score Services will be available all the time or at any specific time or on all or any hardware and software which you may use. The Credit Score Services may be temporarily suspended if our systems used to provide the Credit Score Services are under repair or maintenance or are otherwise unavailable.
- We take steps to ensure that Our Material is free from computer viruses and other harmful computer programs. However, we cannot guarantee this due to the nature of the Internet. You are advised to use appropriate firewall and anti-virus software to protect your computer and data.
- We use reasonable skill and care in the sourcing and supply of the information which is made available to you on or in connection with the Credit Score Services. However, in the case of information we obtain from third party sources (including the details supplied by you), we cannot guarantee that any of that information is correct, accurate, complete, error free or up-to-date. Due to the nature of the Credit Score Service, the value, accuracy, and/or relevance of the information will diminish over time. For this reason, your credit score will not continue to be accurate or up-to-date after we have provided it to you.
- Nothing provided by us on or in connection with the Website or Credit Score Services is, or shall be deemed to constitute financial or legal advice. The information we provide is not intended to be relied on by you in making (or refraining from making) any specific decision or to replace independent professional advice. Any and all information provided by us on or in connection the Website is for general information purposes only.
- Except for the commitments we expressly make in these Terms and Conditions and any additional commitments arising out of your consumer rights granted by law, we do not make any other commitments or warranties about the Website or the Credit Score Services.
- Product names, trade marks or service names or marks or company names mentioned on the Website and in connection with the Credit Score Services are the trademarks, service marks, or business names of their respective owners. The word "EXPERIAN" and certain other words and graphical devices in respect of particular Credit Score Services are trade marks of Experian Limited and/or its group companies and may be registered in the EU, USA and other countries.
Our liability to you
- For further information about your legal rights and how they may be affected by these Terms and Conditions including this section on our liability to you, we advise you to contact your local Citizens Advice Bureau. If any problems arise with your use of the Credit Score Services please contact us as soon as possible.
- Nothing in these Terms and Conditions excludes or limits our liability in respect of (a) death or personal injury caused by our negligence, (b) our fraud, (c) any other matter which it would be illegal for us to exclude or limit or to attempt to exclude or limit our liability, or (d) our duties or liability under the FSMA.
- We are not responsible to you for any loss or damage suffered by you which was not a reasonably foreseeable or obvious consequence of us breaching these Terms and Conditions - for example, if you and we could not have anticipated those losses before or when you used the Credit Score Services or it was not obvious that those losses would result.
- We are not responsible to you for losses which you suffer due to any events beyond our reasonable control.
- We are not responsible to you for losses which you suffer which are not directly caused by our actions (or our failure to act).
- Unless we have been negligent then we are not responsible to you for any damage caused to any hardware or software used to access, use or download the Credit Score Services.
- We are not responsible to you for losses you suffer under any contract you have with a third party through which your access to the Credit Score Services and/ or any Website is arranged or paid for.
- Except as otherwise stated in these Terms and Conditions, our aggregate liability to you arising out of or in connection with each Credit Score Service (including the Website from which the relevant Credit Score Service is provided) shall not exceed £100.
- Our liability to you shall not include the following business losses that you may incur: lost business data, lost profits, lost earnings, business interruption or reduction in the value of an asset. We shall not be liable to you for any business losses if the Credit Score Service is provided for your own personal use as a consumer.
Ending the credit score services
- As this is the one off provision of your Experian Credit Score Service you do not need to do anything to stop using it. Please note that as you receive the Credit Score Service for free you do not have a right to any refund from us.
- We may terminate or suspend your use of any of the Credit Score Service without notifying you if:
- in our view there has been a serious failure by you to comply with your responsibilities in these Terms and Conditions (for example misuse of Our Materials or for fraud),
- we are unable to verify your identity in accordance with Clause 5.2.
If we do so, we may delete our records of Your Data without liability to you.
- We are sorry if you feel the need to complain. We want to hear from you because telling us gives us the chance to put matters right for you, and see how we can improve what we do for others. Whatever way you complain to us, we will take notice.
- Contact us by whichever of the following means suits you best. You do not need to ask anyone to make a
complaint on your behalf. Whenever possible, we prefer to hear about your complaint in your own words.
- You can call us on 0344 481 8197
- You can send us a letter: Customer Relations Team, Experian, PO BOX 8000, Nottingham, NG80 7WF;
- You can email us: firstname.lastname@example.org.
- To help us investigate your complaint, please tell us:
- Your full name, address and preferred daytime phone number and your email address;
- A description of the circumstances and facts that have given you reason to complain
- The impact that this has had on you;
- Any reference numbers or account numbers.
- We will try to resolve your complaint quickly and where possible, we will try to resolve your complaint immediately. If we can’t do this, we will investigate your complaint and get back to you.
- If we haven’t been able to resolve things for you immediately, we will acknowledge your complaint within 5 business days. Whether we can resolve your complaint immediately or not, we may contact you to ask for clarification or to discuss options with you.
- We’ll update you after 4 weeks if we haven’t finished our investigation by that time. In most cases, we will give you our final response within 8 weeks of your complaint. Our final response will tell you what we have found, what we will do and why we came to that conclusion.
If we cannot resolve things under that procedure, then you may have the right to refer your complaint, free of charge, to the Financial Ombudsman Service. The contact details for the Financial Ombudsman Service are:
Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
- If you are a consumer and complaining about a contractual issue, you may be able to register your complaint using the European Commission Online Dispute Resolution (ODR) platform. This is a web-based platform that is designed to help consumers who have bought goods or services online to deal with issues arising from that purchase. You can access the platform at the following website address: http://ec.europa.eu/consumers/odr/.
Changes to these terms and conditions
- Sometimes we may have to make changes to these Terms and Conditions. You can tell when changes have been made by checking the version and date on which they were last modified indicated at the start of these Terms and Conditions.
- We will not notify you individually of any changes in these Terms and Conditions. It is therefore important that you check these Terms and Conditions regularly and in particular on each occasion when you request Credit Score Services.
Use of apps
If you use an app to access the Credit Score Services these Terms and Conditions prevail over any terms which may be imposed by the application distribution platform for use of the App.
Other important information
- These Terms and Conditions are a contract between you and us and form the entire agreement between us. No-one except us and you has any right to enforce these Terms and Conditions by virtue of the Contracts (Rights of Third Parties) Act 1999.
- You may not transfer any or all of the rights granted to you under these Terms and Conditions to any other person.
- We may in our discretion discontinue or modify the Credit Score Services at any time. We will try to ensure that any such discontinuation or modification does not materially adversely affect the nature of the Credit Score Services provided to you.
- You must not create hypertext links to the Website without our prior written permission.
- All communications between us will be conducted in the English language.
- Any notices we send to you will be sent to the most recent e-mail address or postal address provided to us by you.
- English law applies to these Terms and Conditions. If any disputes arise between you and us in relation to these Terms and Conditions and you want to take court proceedings, you must do so in the English courts unless you reside in Scotland, Wales or Northern Ireland, in which case you may do so in the courts of the country in which you reside.