Terms

  1. About us
    • Company details. Castlight Ltd (company number 06793893) (we and us) is a company registered in England and Wales and our registered office is at 2nd Floor, Lowry Mill Lees Street, Pendlebury, Swinton, Manchester M27 6DB. Our main trading address is 6th Floor, 133 Finnieston Street, Glasgow G3 8HB. We operate the websites my.affordabilitypassport.com, broker.affordabilitypassport.com and castlightfinancial.com (Website).
    • Contacting us. To contact us, telephone our customer service team at +44 0800 193 3547 or e-mail [email protected]. How to gi ve us formal notice of any matter under the Contract is set out in clause 2.
    • Our regulator. We are authorised and regulated by the Financial Conduct Authority (FCA). We are registered on the Financial Services Register, which can be accessed at fca.org.uk/register. You can also contact the FCA on 800 111 6768 or 0300 008082 or by emailing [email protected]
    • Professional indemnity insurance. We maintain professional indemnity and cyber liability insurance. Our insurer is Markel International Insurance Company Limited, and our reference number is CF4360A18RZA.
    • Other terms that apply to you. These Terms refer to the following additional terms, which also apply to your use of the Website:

1.5.1     our Privacy Policy castlightfinancial.com/privacy. We will only use your personal information as set out in our privacy policy.

1.5.2     our Cookie Policy castlightfinancial.com/cookies, which sets out information about the cookies on our site.

1.6        Changes. We may amend these terms from time to time. Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time. We may also update and change the Website from time to time to reflect changes to our products, our users’ needs and our business priorities.

  1. Our contract with you
    • Our contract. These terms and conditions (Terms) apply to your use of the Website (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
    • Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
    • These Terms and the Contract are made only in the English language.
  2. Registering an Account
    • Your broker or lender will create an account and an email will automatically be issued to you with a link inviting you to create your account. Please follow the onscreen prompts to create an account on our Website. Once you have created an account on our Website, you can create your Affordability Passport (AP). You may only create an account and request an AP using the method set out on the site. Each request by you to create an AP and use our services (Services) is subject to these Terms.
    • There are three elements where your consent is captured. Before you can use the Services, you must register consent through the Website. During this process, you have the opportunity to review and receive a copy of these Terms and by registering your consent for an account you confirm your acceptance of them. Secondly, your consent is required to access account information, from the financial providers you link to your AP. Finally, your consent is required to finalise the AP which is then issued to your broker or lender.
    • Correcting input errors. Our process allows you to check and amend any errors before the AP is finalised and issued to the lender or broker. Please check the request and the AP carefully before confirming it. You are responsible for ensuring that your request and any specification submitted by you is complete and accurate.
    • When you register your consent for the Services, we will request your bank account information. We use certain third parties to assist us in providing the Services and we share information with those third parties. Please refer to our Privacy Policy for further information on how your personal data is used and stored.
  3. Our services
    • We provide consumers with an analysis of their financial capability and affordability from an aggregation of the information held within their credit report and bank account, and such services are more fully defined below.
    • You may obtain access to the Services via a party that has paid for your access to the Services (Partner) and additional terms set by the Partner may apply.
    • We will obtain on your behalf a copy of your credit report and aggregate a summary of monthly expenditure using your bank account information. We will hold this information on our system for 30 days after completion of the AP and make this available to you via the AP.
    • We will obtain on your behalf as your authorised agent and representative, a copy of your credit report and aggregate a summary of your monthly expenditure retrieved from your bank account information.
    • The information provided to you as part of our Services is only as accurate, complete and up-to-date as the information supplied to us by (i) the relevant credit reference agency or other third party we use to obtain this information and (ii) you in relation to your bank account information. We do not check the information we receive for accuracy or completeness.
    • When using the Services, your records will be searched. Searches are carried out as part of verifying your identity and to access your credit report.
    • Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
  4. Your obligations
    • It is your responsibility to ensure that:
      • you are at least 18 years of age and resident in the United Kingdom;
      • the terms of your request are complete and accurate;
      • you co-operate with us in all matters relating to the Services;
      • you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
      • you will not engage another person, company, partnership or other entity to access the Website or the Services on your behalf;
      • you do not order or attempt to order credit information about anyone else through the Website;

all persons that access the Website through your internet connection are aware of these Terms and that they comply with them; you keep your account details safe and do not disclose them to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

  • If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 1 (Your Default):
    • we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the contract under clause 14 (Termination);
    • we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
    • it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
  1. Services in UK only

You may place an order for the Services from an address outside the UK, but you must be resident in the UK. If you access the Website from an address outside the UK, you are responsible for compliance with local laws relating to such access, including viewing or using the content of the Website, if and to the extent local laws are applicable.

  1. Services
    • We do not guarantee that the Website or any content on it or provided as part of the Services will always be available, uninterrupted or error free. Access to the Website and the Services is permitted on a temporary basis. We reserve the right to suspend, withdraw or restrict access to the Website and/or the Services, or any part thereof, at any time for any purpose we deem reasonable or if we consider there is or is likely to be a breach of security.
    • Our Website may become unavailable from time to time in order for us to carry out planned and unplanned maintenance and security updates. We will not provide notice of this.
    • We are not obliged to restore any of your data which may be deleted in the course of suspending, withdrawing or restricting your access to the Website or the Services. It is your responsibility to store any materials or data that you may require from time to time.
    • You are responsible for making all arrangements necessary for your to have access to the Website including providing and maintaining any equipment used to access the Website. You are solely responsible for any telecommunications costs that you incur while using the Website.
  2. Complaints

If a problem arises or you are dissatisfied with the Services, please contact us on the details contained in clause 1.

  1. Intellectual property rights
    • All intellectual property rights in or arising out of or in connection with the Services and contained on the Website will be owned by us or licensed or sub-licensed to us. All content on the Website is subject to copyright with all rights reserved.
    • Images, trade marks and brands are also protected by intellectual property laws and may not be reproduced or appropriated in any manner without the permission of their respective owners.
    • You must not remove any acknowledgement that we or any of our contributors is the author of any Website content or any content we provide you as part of the Services.
    • You may download or print content or individual sections or pages of the Website for your personal use and information only, provided that any such copy has attached to it the relevant proprietary notices and/or disclaimers. Any material downloaded or otherwise obtained through our Website 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.
    • You must not modify, adapt, copy, download or post material from the Website nor store any part of the Website in any other website or include it in any public or private electronic retrieval system.
    • You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or explanation.
    • If you print off, copy, download or post to social media any part of the Website in breach of these Terms you must, at our option, return or destroy any copies of the materials you have made.
    • “Castlight” is a UK registered trademark of Castlight Ltd. You are not permitted to use it without our approval.
  2. Reliance on information

The content on the Website and any information provided to you as part of the Services is provided for general information only. It is not intended to amount to advice on which you should rely and you should take professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website and/or provided via the Services. We do not control your credit report and we cannot change information in relation thereto. Businesses that carry out credit searches on you collect and maintain information about you from a number of sources, including the Electoral Register, fraud prevention and credit information (including details of previous applications and the conduct of your bank accounts) and public information such as County Court Judgements, decrees and bankruptcies. They may also form a link between any previous or subsequent names and addresses that you use in the records they hold about you. By submitting content you confirm and agree that the owner of that content has expressly agreed that, without any particular time limit, and without the payment of any fees, we may use the content for the purposes set out in these Terms. Such businesses will use their own criteria in making decisions about you and any decisions you make on the basis of the information we provide or make available to you are purely your own choice.

  1. Limitation of liability:
    • Nothing in the Contract limits or excludes our liability for:
      • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
      • fraud or fraudulent misrepresentation; or
      • any duties we have under the Financial Services and Markets Act 2000 or the rules of the Financial Conduct Authority, nor any other liability which cannot be limited or excluded by applicable law.
    • To the extent permitted by law, we exclude all conditions, warranties, representations and other terms which may apply to the Website, any content on it or services accessed through it, whether express or implied.
    • Subject to clause 12.1, we will not be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      • use of, inability to use or unavailability of, the Website or any part of it, websites linked to it or the Services;
      • any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the services obtained or accessed through the Website including use of or reliance on any content displayed on or made available through the Website;
      • unauthorised access to or alteration of your transmissions or data; or
      • any inaccuracy or incompleteness of any information received by you or by us through the Website or as part of the Services;
      • loss of use or corruption of software, data or information;
      • any indirect or consequential loss.
    • Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
    • Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you obtain from them. We have no control over the contents of those sites or resources.
    • We shall only be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you accepted these Terms.
    • Although we take all reasonable steps to protect our systems using virus checking software, please note that any content downloaded from the Website is at your own risk. We do not accept liability for any loss or damage that you suffer as a result of any distributed denial-of-service attacks, computer viruses, trojans, worms, software bombs or other damaging items resulting from your use of the Website. You are responsible for protecting your computer systems from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures necessary.
    • Whilst we take reasonable steps to ensure that the content of the Website is accurate, current and complete, we have no control over the content of the information provided by credit reference agencies or third party providers. We do not accept liability for the accuracy or completeness of the Website content or content provided as part of the Services. We do not accept liability for any errors or omissions or for the content becoming out of date. Certain features of the Website will rely on data provided by you in order to generate output. We recommend that you confirm the accuracy and completeness of any content before relying on it.
    • This clause 12 will survive termination of the Contract.
  2. Confidentiality
    • We each undertake that we will not at any time disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 2.
    • We each may disclose the other’s confidential information:
      • to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 13; and
      • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    • Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
  3. Termination
    • We reserve the right at any time to terminate your agreement with us and your use of the Website or any products or services contained in or obtained through the Website, with or without cause, immediately upon our giving you notice in writing to the email address provided by you when you registered for your account (or any email address you subsequently provide) or in accordance with any contract we enter into with you.
    • If you withdraw consent to the processing of your personal data, access to the Website and the Services will be suspended or terminated.
    • We can cancel your access to the Services where (i) the Partner ceases to pay for you to access the Services (ii) your access to the Services is for a limited time and that period expires (iii) the Partner indicates that you are no longer entitled to the Services or (iv) as otherwise set out in these Terms.
    • Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
    • Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
  4. Events outside our control
    • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    • If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
      • we will contact you as soon as reasonably possible to notify you; and
      • our obligations under the Contract will be suspended and performance of our obligations will be extended for the duration of the Event Outside Our Control.
    • You may cancel the Contract affected by an Event Outside Our Control. To cancel please contact us.
  5. Terms of use
    • By using the Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree, you must not use the Website.
    • We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.
    • You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit an 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 the Website will cease immediately.
    • You may use the Website only for lawful purpose. You may not use the Website:

16.4.1 in any way that breaches any applicable, national or international law or regulation.

16.4.2   in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

16.4.3   for the purpose of harming or attempting to harm minors in any way.

16.4.4   to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

  1. Communications between us
    • When we refer to “in writing” in these Terms, this includes email.
    • Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or email.
    • A notice or other communication is deemed to have been received:
      • if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
      • if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
      • if sent by email, at 9.00 am the next working day after transmission.
  • In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
  • The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
  1. General
    • Assignation and transfer.
      • We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens.
      • You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
    • Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
    • If we do not insist that you perform any of your obligations under the Contract, 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 or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
    • Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    • Governing law and jurisdiction. The Contract is governed by Scots law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the Scottish courts.