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Terms & Conditions – BankBolt for Cater Allen

Relationship with Crunch

Crunch is a trading name of E-Crunch Limited. E-Crunch Limited is a limited company registered in England and Wales (registered number 06014477) with its registered office at Unit 11 Hove Business Centre, Fonthill Road, Hove, East Sussex BN3 6HA.

When you ("you", or the "User") use the BankBolt Service you enter into a legal agreement with Crunch. This page details the agreement and explains the terms of that agreement.

Unless we agree with you in writing that your individual terms and conditions are somehow different from the ones outlined in this document (henceforth called the "Terms"), you are bound by this document when using the BankBolt Service.

When using the BankBolt Service, the Terms form a legally binding agreement between you and Crunch. Take time to read them carefully.

Crunch maintains the right to change or replace the Terms at any time, at its sole discretion. You are responsible for checking and reviewing the Terms regularly to keep updated to any such changes.

Accepting the Terms

Before using the BankBolt Service, you must accept the Terms, and you may not use the Service if you do not accept the Terms.

There are two ways to accept the Terms:
(i) by accepting the Terms when Crunch makes this available to you (i.e. when activating the Service); or
(ii) by using the Service in any capacity.

When you start using the BankBolt Service, you will be deemed to have accepted the Terms. Once you use the Service you are bound by the Terms until you terminate your relationship with Crunch.

Provision of Services by Crunch

Crunch shall provide and perform any and all of the Service to you through a trusted third party service provider Cater Allen.

Please note that Cater Allen is a third party company, separate and independent from E-Crunch Limited.  It is your responsibility to decide whether any services and/or products provided by Cater Allen are suitable for your purposes. Crunch specifically disclaims any responsibility or liability relating to your use of the suggested products and recommendations from Cater Allen and shall under no circumstances whatsoever, be liable for any special, incidental or consequential damages, which may arise from such use.

 Crunch may change its Services or add new features in the future. Crunch may sub-contract or assign the provision of any and all of the Services. By agreeing to the Terms, you acknowledge and agree that the form and nature of the Services may change without prior notice to you.

You acknowledge and agree that Crunch may suspend or discontinue, without prior notice to you and at the sole discretion of Crunch, some or all of its Services, making the Services unavailable to you or other users. If Crunch deems it necessary to discontinue the service it provides, you will receive at least 7 days notice before your account is closed.

You acknowledge and agree that if Crunch disables, or suspends access to your account, you may not be able to use the Services.

Crunch may remove any Content (as defined below) or user accounts at any time and for any reason at the sole discretion of Crunch. 

Use of the Services by You

In order to gain access to the Services, you may be required to give Crunch information about yourself, and your bank account/s. You agree that you will only provide us with information that is accurate, correct, and up to date.

In order to use the BankBolt Service you must have a Cater Allen business bank account.

 In providing the Service, Crunch complies with policies and standards established by Santander UK Plc, and its Code of Conduct as a third party user of their systems.

Electronic copies of bank statement entries are downloaded via a secure connection from Santander UK Plc computer systems, and uploaded into your Crunch Account.

By applying for a Cater Allen bank account through Crunch, or transferring your appointed Professional adviser to Crunch you agree to Cater Allen making available copies of all statements issued in respect of the Account and to disclose details of that Account to Crunch.

To apply for a new Cater Allen bank account you must complete an application form, or to transfer your appointed Professional Adviser to Crunch. Please refer to the Crunch Help Centre for more information and to access application forms and transfer template.

You acknowledge that Crunch may receive commission in respect of the account.

The Service is activated from within your Crunch account by selecting the bank account you would like to use the Service for.

Upon activation, the bank statement entries may not be available immediately due to the processing time of your application or letters, and could take up to 10 days.

In order to use the Service, prior to activation you should have uploaded any previous bank statements to your Crunch Account. We are unable to backdate statements, and will contact you if we are unable to perform the Service due to inconsistency in dates.

In no event shall we, or our third party suppliers be under any obligation to process and provide the Services until written authority has been provided.

BankBolt Service

The Service provides an automated bank feed, being bank transaction information from the Crunch Account Holder’s bank account to appear in your Crunch Account.

You acknowledge that Crunch’s ability to provide the bank feed is dependent on Cater Allen providing the data. In the event the relevant bank does not provide the bank feed then Crunch shall inform you as soon as is reasonably possible but in no event shall Crunch face any liability for failing to provide the feed.

Bank transactions will be uploaded into your Crunch Account twice a week on a Tuesday and Friday.

You will be sent an email to let you know when your first statement entries begin to be uploaded. You will need to upload the statement entries leading up to the date of that email. This ensures that there are no gaps in your statements when starting to use the BankBolt Service.

You agree that you will be solely responsible for all activities that occur under your account, whether you are aware of them or not.

Fees and Payment Terms

For an undefined period, BankBolt for Cater Allen is operated as a free service but you agree at Crunch’s sole discretion and we may introduce fees and charges from time to time but you will be notified in advance if this happens and will be required to opt-in to the pricing.

Cancellation

You are able to cancel the service by switching it off in your Crunch Account or by contacting support@crunch.co.uk, or by contacting Cater Allen requesting the transfer of your Professional Adviser.

Cancellation of the Service will result in Crunch having no further responsibility in relation to the upload of any bank transactions.

Security

As long as you keep your password safe, Crunch protects your data so it can only be viewed and accessed by you. Crunch uses 256-bit secure socket layer encryption.

Privacy and Personal Information

You agree to the use of your personal information and data in accordance with Crunch privacy policy. The privacy policy explains how Crunch handles and stores your personal information and protects your privacy. Please read this policy carefully.

Content in the Services

You acknowledge and understand that all information (including data files, e-mails, computer software, advertisements, sponsored content and others), which you may have access to when using the Services, are the sole responsibility of the entity from which such content originated.

Such information will now be referred to as the "Content."

You may come across Content when using the Services that may be protected by intellectual property rights owned by entities who provide that Content. You may not modify, rent, lease, loan, sell, distribute or create any derivative products or services (or parts of products or services) based on this Content.

If you come across Content when using the Services that may be infringing a copyright, trademark, or patent claim, you agree to notify use of the potential infringement by e-mailing us as soon as possible. Further, you agree to abide by the rules and guidelines set forth in Crunch copyright policy. Crunch reserves the right to pre-screen, review, filter, modify, flag, refuse, or remove any or all Content from any Service at any time, at the sole discretion of Crunch.

You understand that when using the Services, you may come across material that you find objectionable, offensive or indecent and that you are using the Services at your own risk.

You agree that you are solely responsible for any Content that you create, transmit or display when using the Services and are responsible for any consequences of such actions.

Proprietary Rights

You acknowledge and agree that Crunch is the sole proprietor of all legal rights and titles to the Services, including, but not limited to, any intellectual property rights associated with the Services. This ownership applies whether or not those rights are registered; and wherever in the world the rights may exist.

You acknowledge and agree that some or all of the Content may be classified as confidential by Crunch and that you shall not disclose such information without expressed, written consent from Crunch.

Crunch acknowledges and agrees that it does not obtain rights, titles or interest from you on the Content that you submit, post, transmit, or otherwise make available. You agree that you are responsible for making sure your rights regarding the Content are protected and enforced and that Crunch has no responsibility to protect or enforce them on your behalf.

You shall not use any of Crunch’s trade names, trade marks, service marks, logos, domain names and other distinctive brand features that are not in accordance with Crunch’s expressed, written consent.

You shall not duplicate, change, create a derivative work of, reverse engineer, decompile, or attempt to obtain the source code of Crunch’s software (in whole or in part).

You shall not remove, obscure, or alter any proprietary rights notices that may be found attached to or as a part of some Content.

License from Crunch

When abiding by the Terms, Crunch allows you to enjoy its Services at a monthly or annual cost (or free for certain Services during trial periods from time to time). This opportunity shall be referred to as the "License." The personal, worldwide, royalty-free, non-exclusive License is for the sole purpose of allowing you to use and benefit from the Services.

You shall not assign your rights (wholly or in part) to use the Services to another. You shall not agree to or allow another entity to have a security interest in or over your rights to use the Services, or otherwise transfer or trade any part of your rights to use the Services as detailed in the Terms.

Content License from You

You will keep copyright and other rights you may already hold in Content that you submit, post, or otherwise make available via the Services. You hereby grant Crunch a perpetual, irrevocable, worldwide, and non-exclusive license to reproduce, modify, translate, publish, and distribute any Content that you make available via the Services.

You acknowledge and agree that Crunch may make such Content available to other companies, organisations, individuals, and Users in accordance with Crunch privacy policy.

You understand that in order for Crunch to provide the Services to our users, Crunch may transmit your Content over various public networks and in various media and may make changes to your Content to meet the technological requirements of such networks and media.

Ending Your Relationship with Crunch

Terms will continue to apply until you or Crunch terminates the relationship as explained below.

Crunch may terminate its legal agreement with you under several circumstances:

  1. If you have not adhered to any or all of the provisions in the Terms, or if it appears that you do not intend to or are unable to comply with the Terms. The decision of whether or not you intend to or are unable to comply will be solely at the discretion of Crunch.
  2. If Crunch is required to by law
  3. If the partner or third party that offered services to you in conjunction with Crunch has ended its relationship with Crunch
  4. If the BankBolt Service is no longer commercially viable for Crunch

When the relationship between you and Crunch ends, all the legal rights, obligations and liabilities enumerated in the Terms shall be unaffected by the cessation.

Service Limitations

You acknowledge, agree and understand that you use the Services (including downloading Content) at your own risk and that the Services are provided by Crunch "as is" and "as available" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

Crunch does not guarantee that the Services will meet your requirements or expectations, that your use of the service will be uninterrupted, timely, secure, or free from errors, that information obtained from the Services will be accurate or reliable or that defects in the software of the Services can or will be corrected.

Any material downloaded or otherwise obtained when using the Services is obtained at your own risk. You will be solely responsible for any damage to your computer system or other device used to access the Services that happens as a result of the obtainment of any such Content.

Information and advice received from Crunch, its users, or its Content, whether oral or written, shall not constitute any warranty not expressed in the Terms.

Limitation of Liability

Crunch shall not be liable or responsible for any reliance you place on the completeness, accuracy, or existence of website content or other representations made by partners and third parties or the outcomes of relationships and transactions you may have with partners and third parties.

Crunch shall not be liable or responsible for any changes Crunch makes to its Services, for any permanent or temporary restrictions or cessations of the Services, or for any harm this may cause you.

Crunch shall not be liable or responsible for the deletion of, corruption of, or failure to store any Content or other data used in or maintained by the Services and you are advised to maintain your own records and copies of Content.

Crunch shall not be liable or responsible for your failure to provide correct, accurate, and up-to-date account information.

Crunch shall not be liable or responsible for your failure to keep your password and account information secure.

Other Content

The Services may include hyperlinks to other web sites, content or other resources. Crunch is not responsible for the content or availability of these third-party resources. Crunch does not necessarily endorse any advertising, products or other materials featured, or available on other web sites or resources.

Trademarks

Crunch boxed graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Crunch in the U.K. and/or other countries. They may not be used in connection with any product or service that is likely to cause confusion.

Other Terms

You agree that Crunch may send you notices via e-mail, regular mail, or alerts within the Services.

If it is decided in a court of law that one or several of the Terms (or any part of a Term) are in violation of the law, those terms will be changed or deleted as appropriate, but the others will remain as unmodified Terms.

You agree to use all reasonable endeavours to resolve any dispute in relation to the Services, including speaking to us and trying to resolve the matter, our contact details are on the Crunch website, before issuing any legal proceedings.

This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.

__________________________________

Crunch is a trading name of E-Crunch limited, for its services provided by Cater Allen.

Last Updated: 07 Jul 2015 02:28PM BST

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