Thank you for using Youtility.
What’s covered here?
This sets out the terms and general principles under which we provide our home finance management tool (“the Service”) to you. We sometimes refer to the Youtility app as the “Platform” as there is a lot happening behind the scenes. These terms form the agreement between us and you in respect of the Service, so please read them carefully. In particular, please note the following:
Section 1.4, which contains details of TrueLayer, the third party we use to enable you to access your provider payment history.
Section 6.1, which makes it clear that the switching information provided on Youtility is provided by dedicated third parties and not by us – therefore we are not responsible for any inaccuracies in it or any anticipated savings you may envisage through switching.
Separately and similar to most businesses, these terms will occasionally be updated. Rest assured, whenever this happens you’ll be the first to know about every change. Providing you’re still happy, just keep using the service and if you’re unhappy, we want to know about it.
Why should you read these?
Before you tell us who you are, it’s important you know who we are, what we stand for, how we provide the Service to you, what’s involved and what to do if there is a problem. Also, if you think that there is a mistake in these terms or need anything explained, please contact us! We’d be more than happy to speak and hear your thoughts.
Who are we?
Here are some key details:
- Full name: Youtility Limited
- Registered location: England and Wales
- Registered office: 2 Eastbourne Terrace, London, W2 6LG
- Company number: 09802196
- VAT number: 266210913
- FCA reference: 803462
- ICO number: ZA255938
How to contact us
Please get in touch if you have any concerns (or compliments). You can contact us by emailing firstname.lastname@example.org.
And how we may contact you
In the event we have to contact you we’ll send an in-app notification, maybe a text or email, and if the world is ending, we’ll call.
Terms of the Youtility Service
1 – Description of the Youtility Service
1.1 The Service aims to simplify home finances by consolidating account data into a single place. The Service displays your household accounts in the home screen (your ‘Dashboard’) and helps you track your payments to third parties for services including energy, media, telecoms, digital services and other charges such as Council Tax. These third parties are referred to in these terms as ‘Providers’.
1.2 We obtain your Provider account data from linking the Platform to the bank account from which the account is paid. In these terms, ‘Account Data’ means details of payments from your bank account to the Provider; ‘Usage Information’ means information you give us regarding the type of account you have with the Provider, your level of usage or consumption of their services, and other information you give us about your relationship with the Provider which is not Account Data. Account Data and Usage Information are referred to together in these terms as ‘Account Information’. Based on our calculations using your Account Information, we may also notify you of opportunities to help save you money – either by running your Provider account more efficiently, or comparing and switching Providers. If you wish to switch to another Provider, we work with technology partners to help you achieve this within the Platform.
1.3 Any products or services offered by a Provider which you sign up for by means of the Platform are referred to in these terms as “Provider Services”. As you would expect, the supply to you of the Provider Services by the relevant Provider will be subject to terms and conditions effective between you and the relevant Provider. We are not party to any such terms and play no part in actually supplying the Provider Services to you. We acknowledge the importance of the security of your personal details and bank account and payment credentials.
1.4 We use a tool provided by TrueLayer Limited (www.truelayer.com) (“TrueLayer”) that allows you to send information on your payment accounts to us for the purposes of providing you with the Youtility service.
In order to use our services, you will be asked to enter your payment account details with TrueLayer and agree to their Terms of Service. The Terms of Service set out the terms on which you agree to TrueLayer accessing information on your payment accounts for the purposes of transmitting that information to us.
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: 793171).
2 – Access to and Use of the Platform
2.1 Access to the Platform is free of charge.
2.2 At some point, we may wish to update the Platform. The Platform is currently available for use in iOS only – the requirements for this operating system (and for any additional systems we decide to extend the availability of the Platform to) may change, and you’ll need to download the updates if you want to keep using the Platform.
2.3 If you’re using the Platform outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Platform, or other third-party charges. In using the Platform, you are accepting responsibility for any such charges. If you are not the bill payer for the device on which you are using the Platform, please be aware that we assume that you have received permission from the bill payer for using the Platform.
3 – Restrictions on use of the Service
3.1 The Platform and the Service are made available for domestic household use only and for use by a private individual who is at least 18 years of age.
3.2 Our Service is (currently) available to consumers located in the UK only and we do not currently provide the Service outside of the UK.
3.3 You agree that you will be liable to us for any damage, loss, claim, demand, liability or expense (including reasonable legal fees) that we may suffer or incur arising out of or in connection with your conduct on the Platform or the Service and/or your breach of these terms.
3.4 You may not re-sell, white-label or otherwise use the Platform or the Service or any part of it for any commercial purpose.
4 – Our Provision of the Youtility Service to you
4.1 We cannot guarantee that the Service will be available at all times.
4.2 We try to maintain a market wide range of comparator Providers against which we will compare your current Provider payments and usage patterns. But we do not guarantee any particular level of availability of alternative Providers with whom we will compare your Billing Information.
4.3 As required by law, we will provide the Service with reasonable skill and care, and in accordance with any information provided by us about the Service and about us.
4.4 In certain circumstances, for example where we encounter a technical problem, we may need to suspend or otherwise interrupt the Service to resolve the issue. Unless the issue is an emergency that requires immediate action, we will do all we reasonably can to inform you in advance by means of the Platform or by email before suspending or interrupting the Service.
5 – Information you give us by means of the Platform
5.1 It is very important that all information you provide to us by means of the Platform is complete and accurate. We will use that information for the purposes of comparing the service you receive from a Provider with other Provider Services. Those comparisons will only be useful if you provide accurate information. If you do not, the comparisons will be misleading and not like-for-like.
5.2 By providing Account Information on the Platform, you grant us the right to use that information for the purposes of providing you with the Service. This includes for the purposes of analysis, research, developing and improving the Service and the Platform (any such use of the information you give us will be as part of an anonymised, aggregated set of data which does not identify you personally). Except for the purposes of providing the Service, we will not make use of your Account Information, nor permit anyone else to make use of it. You promise to us that you have all rights necessary to grant us these rights.
5.3 You must get permission from any other person whose information you intend to provide on the Platform before you provide it. In submitting any other person’s details, you are confirming to us that you have their permission to do so and that they understand how their details will be used.
5.4 We will not pay you any fees for the use of your information, and reserve the right in our sole discretion to remove or edit it at any time.
6 – Providers and Provider Services
6.1 Information regarding Providers and Provider Services is obtained by us, via our technology partners, from the Provider itself. We do not ourselves produce any such information. We present it to you by means of the Platform for general information only. We recommend that Youtility is used as one of a number of sources of information regarding Providers and Provider Services. Before signing up for a Provider Service by means of the Platform, you should do your pre-purchase research in the normal way – looking at reviews, comparing information on different Provider websites and requesting brochures. The Service provides information regarding tariffs and usage plans offered by Providers. We do not vet, test or verify any claims made by the Provider. Nor do we test, verify or do any quality control on the actual Provider Services. We will not be responsible for your failing to achieve any savings referred to in the switching process. You are responsible for ensuring that any Provider Services you choose by means of the Platform are right for you.
6.2 We do not give you any advice in respect of any Provider or Provider Service – just information and comparisons to help you choose what’s right for you and your home. In particular, we do not provide any investment or financial advice. When you sign up for a Provider Service by means of the Platform, we receive a small, fixed fee from our technology partners. The commission is identical across all Providers – we do not have any incentive or favour any particular Provider over another.
6.3 We do not recommend or endorse any Provider or Provider Service. The provision of a price comparison does not mean we endorse the relevant Provider.
6.4 We will not be liable to you for any failure or delay in any provision of any Provider Service, or in any handover of service from an existing Provider to a new Provider (for example, where you have not terminated your account with the existing Provider, or you are unable to obtain any promotional incentive such as a voucher, reduced price which you may have received from the new Provider were it not for the delay or failure).
6.5 The Service contains information on a wide range of Provider Services from a wide range of Providers. There may well be other products or services available for you to buy, which are not displayed to you by means of the Platform and which are not available to us, but would be a better fit for your requirements and/or budget.
7 – Signing up for a new Provider Service
7.1 The Platform provides a means to assist you to sign up with a new Provider to buy Provider Services.
7.2 If by means of the Platform you contract for provision of a new Provider Service, you will be bound by the terms and conditions presented by us on behalf of our technology partners and the Provider and agreed to by you in respect of the Provider Service.
7.3 To be clear, we are solely providing information regarding Providers and Provider Services. When you sign up to receive a Provider Service by means of the Platform, you are contracting directly with the Provider. Not with us. We do not supply the Provider Services. The Provider supplies the Provider Services.
7.4 Before you sign up to buy Provider Services by means of the Platform, make sure you check and understand any qualifications, conditions, restrictions, exclusions, and obligations which apply to the Provider Service.
7.5 Before you sign up to buy any Provider Service from a Provider, you must check all of the information, the Provider holds about you to ensure it is correct, complete, accurate and not misleading and that you have disclosed all relevant facts to the Provider as part of the sign-up process. It is your responsibility to identify and correct any mistakes or errors in the information before you sign up to buy any Provider Service. If you don’t you may forfeit some rights against the Provider or not be entitled to the Provider Service you wanted.
8 – Terminating the Service
8.1 You can delete your account by emailing email@example.com. We’ll then permanently delete all your personally identifiable information from our systems in accordance with the latest data protection regulation.
8.2 We will be entitled to terminate your account if you do not access the Platform for a continuous period of 12 months or in the event that we have a reasonable suspicion that you have breached these terms.
9 – Our Rights in the Service and the Platform
9.1 The Platform and the Services are the product of a lot of hard work and inspiration from us and our partners. They are protected by intellectual property rights including copyright, database right and trademarks.
9.2 You must not use a bot or an automated program (including any crawling, scraping technique) to collect any pricing or other Provider information from the Platform. Doing so is prohibited and shall be a breach of these terms.
9.3 You are permitted to utilise any of your Account Information or comparisons provided by means of the Platform for your own personal household purposes.
9.4 All other rights in the Platform and the Services are reserved by us. You may not copy, reproduce, distribute or create derivative works from the Platform or the Service.
9.5 “Youtility” and the Youtility logo are trademarks of Youtility Limited and no licence or rights to use them are granted under these terms.
10. Our Responsibility for Loss or Damage Suffered by You if You are a Consumer
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking our obligations under these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to these terms, both we and you knew it might happen.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Service; and for defective products under the Consumer Protection Act 1987.
10.3 We exclude all liability for any inaccurate or misleading information contained in the Platform in respect of any Provider Service. You acknowledge this is reasonable, as we are passing on information for which the ultimate source is the Provider.
10.4 When we are liable for damage caused by the Platform being defective. If a defect in the Platform damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
10.5 We are not liable for business losses, including any loss of profit or loss of anticipated business savings. We only supply the Service for to you for domestic household use. If you use the Platform for any commercial or business purposes our liability to you will be limited as set out in Section 11 below.
11 – Our Responsibility for Loss or Damage Suffered By You if You are a Business
11.1 Nothing in these terms shall limit or exclude our liability for:
11.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
11.1.2 fraud or fraudulent misrepresentation;
11.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
11.1.4 defective products under the Consumer Protection Act 1987; or
11.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
11.2 Except to the extent expressly stated in clause 11.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
11.3 Subject to clause 11.1:
11.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of anticipated savings, or any indirect or consequential loss arising under or in connection with any contract between us; and
11.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £100.
12 – Other Important Terms
12.1 Nobody else has any rights under these terms, which are effective only between you and us. No other person shall have any rights to enforce any of these terms.
12.2 If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.3 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
12.4 Even if we delay in enforcing these terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.5 We will endeavour to acknowledge and respond to any enquiry or complaint you send to us at firstname.lastname@example.org within ten working days of receipt.
12.6 These terms are governed by English law and you can bring legal proceedings in respect of the Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Service in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Service in either the Northern Irish or the English courts. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which can be accessed at: ec.europa.eu/odr.
12.7 If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.