Terms & Conditions
Last updated: 6th October 2023
Revision 1.3
Please review these terms and conditions (the “Terms”) carefully before using the Cheddar Platform and Service.
These Terms together with our Privacy Policy apply to your use of the Cheddar Platform and Service and by accessing the Cheddar Platform and using the Service you agree to abide by them. You agree that no other terms are implied by trade, custom, practice or course of dealing in connection with your use of the Cheddar Platform and Service.
Some key terms:
In these Terms some words have specific meanings and so we are clear, these are set out below:
“Available Cashback” has the meaning given to the term in Clause 5.16.
“Bank” means the eligible bank or building society which you use in your receipt of the Service.
“Bank Account” has the meaning given to the term in Clause 2.1.
“Cashback” means the reward that Cheddar Users can earn in accordance with these Terms in connection with qualifying purchases of certain goods and services, including gift cards.
“Cheddar”, “we”, “us” or “our” means Cheddar Payments Limited, a company registered under the laws of England and Wales under company number 12895809, having its registered office at 71-75 Shelton Street, London, WC2H 9JQ, United Kingdom, and its operating and head office at Soho Works, 2 Television Centre, 101 Wood Lane, London, W12 7FR. VAT number: GB362673189.
"Cheddar Platform" means both: (i) the Cheddar mobile application (the "App"); and (ii) the Cheddar website, cheddar.me (the "Website") used to access the Service.
"Cheddar User" means a registered user of the Cheddar Platform.
“Eligibility Criteria” means the criteria specified in Clause 5.12 of these Terms.
“Login Details” means your PIN, any password, personal identification number, email, or other confidential security information required in order to access your Profile.
“Payment Request” has the meaning given to the term in Clause 4.3.
“Payment Request Receipt” has the meaning given to the term in Clause 4.4.
“Payments Service” means the service referred to in Clause 3.1.1 and further described in Clause 4 of these Terms.
“Privacy Policy” means the Cheddar privacy policy available at cheddar.me/privacy.
“Profile” means the profile set up by a Cheddar User via the Cheddar Platform in order to access the Service.
“Qualifying Purchase” means a purchase which Cheddar has determined as meeting the Eligibility Criteria and in respect of which a Cashback reward can be earned.
“Rewards Service” means the service referred to in Clause 3.1.2 and further described in Clause 5 of these Terms and Conditions.
“Service” means Payments Service and/or Rewards Service provided by Cheddar through the Cheddar Platform.
"You" and “your” refers to you, the user of the Service through the Cheddar Platform.
"Your Data" means any data entered or uploaded by you while using the Service. Your data also includes all data shared by your nominated bank(s) or other financial organisations.
Interpretation: There are some rules which apply when reading and understanding these Terms:
The headings are for convenience only and shall not affect the construction or interpretation of these Terms A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established. A reference to writing or written includes email. Any words which come after the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1. Introduction to Cheddar
1.1 Cheddar operates a payments and rewards platform. The Service provided through the Cheddar Platform allows Cheddar Users to request, send and receive money, and generate rewards such as Cashback linked to the purchase of certain goods, services and gift cards.
1.2 Our Service is facilitated through the use of Open Banking technology. More information on this can be found here. In these Terms we explain how our Service works and the basis on which we provide the Service to you.
1.3 If you’d like to get in touch with Cheddar, you can contact us by email at info@cheddar.me.
2. Your Cheddar Profile
Creating your Profile
2.1 In order to access and use the Service, you must create a Cheddar Profile. In order to be eligible for a Profile you must:
have a UK Bank Account with your Bank which is a personal current account belonging to you as the relevant Cheddar User and which allows for external transfers (“Bank Account”).
have an eligible Bank Account held by you which falls within the scope of bank accounts accepted by Open Banking and meets Cheddar's requirements.
not be a person subject to or resident in a country which is under sanctions imposed by the UK government.
be 18 years old or over and should not be subject to any type of guardianship that restricts you from entering into contractual relationships.
have a valid mobile number capable of receiving SMS messages in the UK; and
provide such other information as we may require to determine if you are eligible to create a Profile.
Not have an existing Cheddar account (you can only have one)
2.2 You can apply for a Profile through the App. When creating a Profile, you must follow the steps summarised below and/or set out on the App for these purposes:
provide and verify your legal name, email address, and mobile phone number; you can do this by manually entering these details or by using social sign in with third parties such as Apple and Google when available;
verify your email by clicking the link that Cheddar will send to you by email;
verify your mobile number through the one time passcode (“OTP”) text message from Cheddar and subsequently entering the OTP into the Cheddar Platform;
create a PIN for access to your Profile when prompted to do so;
link one or more of your Bank Account(s) that you would like to use in connection with the Service. We will then, with your consent, be provided by your Bank with your name on file and account details such as account number and sort code to verify your identity and details. We may request further details to verify your identity.
2.3 We have the right to decline an application to create a Profile for any reason. Where an application for a Profile has not been accepted you will not have access to the Service.
2.4 If we accept an application for the creation of a Profile, we will confirm this by email and at that point a legally binding contract will be created between you and Cheddar. The contract will be concluded in the English language and the provisions of these Terms shall govern our agreement with you. Your relationship with us under these Terms will continue until either of us terminates it in accordance with these Terms (including Clause 12).
2.5 If you hold a Profile, we grant you a non-transferable, non-exclusive licence to use the Cheddar Platform in order to access the Service in accordance with these Terms. This licence is granted to you on the condition that you comply with these Terms.
2.6 All copyright, database rights, trademarks and other intellectual property rights in the Cheddar Platform or Service are either owned by or licensed to us and nothing in these Terms shall transfer any ownership rights to you. You have no right to modify the Cheddar Platform or Service and if you do, then to the extent that you do this without our prior written consent, we shall own all the intellectual property rights in any modifications to the Cheddar Platform or Service and you automatically assign absolutely with full title guarantee all such intellectual property rights to us.
2.7 You must keep your Login Details confidential. You are responsible for all activities that occur under your Profile.Notifications
2.8 If you know or suspect that anyone other than you knows your Login Details or otherwise has access to your Profile, you must change your PIN immediately. If you have any concerns that your Profile may have been compromised or used illegally by a third party, you must notify us as soon as possible by emailing us at: info@cheddar.me.
2.9 You must notify us of any unauthorised or incorrectly initiated or executed payment transactions as soon as you become aware of them, and no later than 13 months after the debit date by emailing us at: info@cheddar.me. You should also notify your Bank in accordance with their terms and conditions.
2.10 In the case of suspected or actual fraud or security threats on your Profile, we will contact you by the phone number you provided when you applied for your Profile (unless you have notified us of an updated phone number in which case we will contact you via that updated phone number). If we need to contact you for any other reason we will do so by the phone number or email address you provided when you applied for your Profile (unless you have notified us of an update to these details in which case we will contact you via those updated details). All communications will be in English. All notices required by the Payment Services Regulations 2017 will be in a PDF attached to an email. All other communications will be via email unless otherwise specified in these Terms.Managing your Profile
2.11 If you made any mistake in the details you gave to us when applying for a Profile, these errors can be corrected by accessing your Profile settings and using the "edit" function on the profile page. You must keep these details up to date at all times.
2.12 You may remove your Bank Account(s) from your Profile at any time. However, unless you provide permission for us to access your Bank Account(s), Cheddar will not be able to provide its Service.
2.13 You can subscribe to or unsubscribe from any emails we may send, although you cannot unsubscribe to service emails which we deem to be essential in order to use the Cheddar Platform. Please make yourself familiar with the email section in our Privacy Policy and feel free to amend your notification settings in "Profile" to reflect what information you would like to receive from us.
2.14 You agree to ensure your cheddartag on the App is not offensive nor used in any way which may represent any trademarks or brand names. If we detect any cheddartags contravening this provision we shall amend it and may contact you to notify the update. Persistent or serious infringements as deemed by Cheddar may result in your profile being terminated and any Cashback forfeited.
2.15 In order to keep your Profile active, you are required to log into your Profile on the App at least once every 6 months (although you are not required to make any purchase in connection with the Rewards Service). If you fail to do so, your Profile is at risk of being disabled in accordance with Clause 6 of these Terms.
Disabling your Profile
2.16 We may disable your Profile and/or restrict your use of the Cheddar Platform and Service in accordance with Clause 6 of these Terms.
3. Our Services
3.1 Through the Service we provide, you will be able to:
3.1.1 directly send to and receive payments from your Bank through Open Banking without you having to share your bank details and other data with your contacts (“Payments Service”).
3.1.2 receive rewards such as Cashback payments through offers linked to your Bank transactions, balance data and gift card purchases, through Open Banking (“Rewards Service”).
3.2 We only provide the Cheddar Platform and Service for domestic and private use. You agree not to use the Cheddar Platform and Service for any commercial, business or resale purposes.
3.3 For our compliance purposes and in order to provide the Cheddar Platform and Service to you, you hereby authorise us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and Bank Account information. When you register for Cheddar by creating a Cheddar Profile and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you.
3.4 For information about how we use your Data and for how long see Clause 8 and our Privacy Policy.
3.5 Any material downloaded or otherwise obtained through your use of the Cheddar Platform and Service 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 Cheddar will create any warranty not expressly stated in these Terms.
4. Payments Service
4.1 Cheddar does not charge any fees for sending and receiving person-to-person payments via the Cheddar Platform. However, you will be responsible for any charges or taxes which are imposed by other parties such as your Bank.
4.2 When connecting your Bank Account(s) to your Profile, you will be asked to provide Cheddar with permission to contact your Bank to request information relating to your Bank Account. We will ask you to refresh this permission each time you wish to make a payment through your Profile.
4.3 In order to receive a payment through the Payments Service, you may create a payment request through the Cheddar Platform, setting out how much is to be paid and provide a reference (“Payment Request”). A request will then be generated and this can be shared with contacts (including in app, via SMS and other messaging services as a link, or in person with a QR code). By scanning or clicking on the request, your contact will be taken through our validation process before being redirected to their own bank which will carry out its own verification and (if accepted by their bank) allow the payment to be made.
4.4 As well as sending Payment Requests, you may also receive a request for payments by you (“Payment Request Receipt”) through the Cheddar Platform. If you receive a Payment Request Receipt and wish to make a payment through the Payments Service, you may consent by proceeding through the Cheddar validation process and then your Bank’s validation process.
4.5 Once you have consented to a Payment Request Receipt, you may no longer revoke that consent unless agreed with your Bank.
4.6 All payments are subject to Bank authorisation. In order for a Payment Request Receipt to be successful, you must have enough money in your Bank Account to cover the requested amount. It is your responsibility to ensure that you have sufficient funds in your Bank Account. Bank balances made available online may not reflect the funds available in the account at that time. If any payment results in you being overdrawn or if a payment is facilitated without sufficient funds, Cheddar will not accept any liability including for any charges imposed by your Bank.
4.7 Your Bank’s terms and conditions will apply to any part of the payment process which takes place via your Bank’s online system. This means that your Bank may block certain transactions. For any transactions authorised by your Bank, the time that a Payment Request Receipt is received will be the time when such request is received by your Bank, and if your Bank has a cut-off time, this may mean that the Payment Request Receipt is deemed to have been received the following business day. Similarly, if you are receiving a payment through a Payment Request, this will be deemed received by your Bank in accordance with your Bank’s timing for receipt of payments.
4.8 You can access information in respect of each payment transaction which has been paid or received through Cheddar by logging into your Profile.
4.9 You may receive or be prompted to make a payment without a respective Payment Request or Payment Request Receipt if someone is an existing Cheddar user and is listed in your contacts, or if cheddartags are used to direct payments.
5. Rewards Service
Accessing the Rewards Service
5.1 To use our Rewards Service, we will redirect you to your Bank or Credit Card provider who will enable you to securely and safely connect your Bank Account(s) and credit card accounts (or “Accounts”) respectively to your Profile. You can complete this process when you create your Profile.
5.2 You will be asked to provide your express consent to enable Cheddar to access your transactions on a read-only basis. To keep you safe, we will periodically ask you to renew your consent. Without your consent, Cheddar will be unable to continue providing the Rewards Service. Your consent is required in respect of each Account you wish to earn rewards with.
5.3 You may withdraw your consent to access your Account(s) at any time. If you do withdraw (or fail to renew) your consent for one or more Account(s), Cheddar will no longer be able to offer and track rewards such as eligible Cashback for the relevant account. This means we will no longer be able to provide parts of our Rewards Service.
5.4 By providing your consent and in acceptance of these Terms, you:
5.4.1 grant Cheddar a royalty-free licence to use the information in your Account(s) for all purposes connected with Cheddar or referred to in these Terms or the Privacy Policy;
5.4.2 grant Cheddar the right to use, modify, display, distribute and create new material using or incorporating such information to provide the Cheddar Service to you;
5.4.3 agree that when we retrieve information relating to your Account(s) we are doing so as your representative and, on your behalf, and not on behalf of or in the name of any third party;
5.4.4 agree that we will be entitled to disclose your identity and information relating to your Account(s) to third parties if we are required to do so by any applicable law or court order.
5.5 Cheddar may also use, license, reproduce, sell, distribute and disclose aggregate, non-personally identifiable information that is derived through your use of Cheddar.
5.6 By using Cheddar, you represent that you are the legal owner of the data in your Account(s) and that you have the authority to appoint, and do expressly appoint, Cheddar as your agent and grant a limited power of attorney to access and retrieve such data on your behalf.
5.7 We rely on you and your Bank Account(s) providers to ensure that the Account(s) information and personal information you provide to us is up to date and accurate.
5.8 By submitting information, you agree (without the payment of any fees), that Cheddar may use the information for the purposes set out above.
5.9 Only you are permitted to use content delivered to you by Cheddar. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the technology associated with Cheddar, its website or any other provisioned technology.
Earning Automatic Cashback
5.10 All transactions you make are directly with the retailer, not with Cheddar. When you make a purchase with a retailer and subject to you giving consent in accordance with Clause 5.2, Cheddar can track and identify through the transaction data shared by your Bank and/or Credit Card provider that a purchase has been made and certain other elements relating to the purchase such as which Bank Account was used in connection with that purchase, where it was made and the amount spent. Once we have identified the purchase, Cheddar will assess whether it is eligible for treatment as a Qualifying Purchase in respect of which a Cashback reward can be earned.
5.11 You agree that Cheddar’s decision as to whether a purchase is a Qualifying Purchase is our decision alone and entirely in Cheddar’s discretion and we will not be liable to you for any failure in identifying a purchase as a Qualifying Purchase and/or the amount of a Cashback reward.
Cashback can only automatically be earned if the following Eligibility Criteria are met:
A genuine purchase is being made. Repeat purchases may not qualify for Cashback rewards and you must purchase for genuine reasons. By making a transaction with a retailer, you acknowledge that it is at Cheddar and/or the retailer’s entire discretion to determine whether a transaction is genuine and you acknowledge that we will not be liable for any Cashback where Cheddar or a retailer has deemed a transaction disingenuous.
The purchase complies with the criteria of the reward scheme of the relevant retailer (“Scheme Criteria”);
The purchase complies with any other criteria agreed between the retailer and Cheddar (“Additional Criteria”) or any other criteria that we deem necessary.
5.13 Once we have determined that a purchase is a Qualifying Purchase in accordance with the Eligibility Criteria, it will show up in your Profile as ‘Cashback Available to Withdraw’.
5.14 We will make all reasonable endeavours to secure the payment of commission on a transaction but we do not and cannot make any guarantee in this regard. If you notify us that a transaction has not been reported in your Profile as you anticipated (a “Claim”) we will use reasonable endeavours to investigate such Claim with the retailer subject always to our right to cease investigations at any point at our entire discretion.
5.15 It is important to note that we do not hold money in your Cheddar Profile or an account similar to a bank nor are we under any obligation to hold any amount for, or on behalf of, you or any other customers or third parties or to transfer any amount to you or any other customers or third parties. You agree and acknowledge that in all circumstances the allocation and/or payment of Cashback to you is at our discretion and that we reserve the right to refuse to make any Cashback payments to you, or any other customer, including but not limited to circumstances where we, in our sole discretion, determine that we are prevented by applicable law to make such payment. Legal title to any Cashback earned does not pass to you until you have taken possession of the Cashback amount by way of a successful withdrawal from your Cheddar Profile.
Cashing out
5.16 Rewards for cashback may be conditional. They could be time-sensitive, and the promotions may vary among users. There might be further terms that are detailed on our platform.
Prepaid gift cards
5.17 In the Cheddar app, we resell gift cards procured from multiple providers. Cheddar isn't the original issuer of these gift cards, and there may be extra terms based on the card's provider. You can find these specific conditions on our Cheddar platform. The Gift Card purchase might be rewarded with a Cashback reward.
5.18 Gift cards from a range of retailers are available for purchase and can be utilised within the app, online, or in physical stores. Information about the available cards and their usage locations can be found in the Cheddar app.
5.19 Before purchasing a gift card, please check the retailer's website for any limitations related to their gift card usage to confirm it aligns with your planned usage.
5.20 You will receive a notification either through email or within the app, acknowledging the receipt of your payment and the approval of your gift card order. Once confirmed, the digital gift card will be dispatched to you through the Cheddar app, typically appearing within 1-5 minutes post-payment. While payments are generally processed within a minute, they can occasionally take up to 2 hours.
5.21 Cheddar offers various payment methods within the app. You may be directed to your bank for the transaction or to an external party for payment processing. When directed to an external entity, additional terms might be applicable.
5.22 When buying a gift card via Cheddar, you understand and consent that, upon successful completion of the payment, the gift card will be provided to you promptly. As a result, any right to revoke the purchase within a designated cancellation window will be forfeited.
5.23 Once a gift card is sold, the transaction is considered final. If you seek a refund, we will make an effort to negotiate a refund with the digital gift card's original issuer, provided the card remains unused. Kindly give us 10 business days to facilitate this cancellation. Should the issuer reject the refund proposal, we cannot offer a return. By acquiring a digital gift card, you consent to these stipulations.
5.24 Should you encounter problems with the digital gift card, please consult the retailer's terms and conditions on their official website or reach out to their customer support team.
5.25 Should there be any defects with the digital gift card, you have the right to either a refund or a replacement card. For any related concerns, please reach out to support@cheddar.me
Cashback Top Up
5.23 We may pass on additional cashback (‘Cashback Top Up’) out of our own pocket where retailers allow us to do so. Where Cashback Top Up is applied, it can only be added to your Bank Account when it equates to a minimum of £0.01 or over which means that some low value transactions may not be eligible for a Cashback Top Up.
When Cashback cannot be earned or paid out
5.24 Cheddar reserves the right to reclaim or adjust any amount shown as ‘Cashback Available to Withdraw’ and/or any Cashback payments made in the event that any Cashback has been allocated and/or paid to you in error. This may include, but is not limited, to the following circumstances:
5.24.1 Cashback is not genuinely due to you.
5.24.2 The retailer disputes a purchase as being a Qualifying Purchase after a ‘Cashback Available to Withdraw’ balance or message is shown on your Profile or a Cashback payment has been made, and Cheddar determines that the purchase is not a Qualifying Purchase.
5.24.3 The purchase is returned, amended or cancelled.
5.24.4. Commission for a Qualifying Purchase has not been received by Cheddar from the retailer or its agencies but been paid over to you as a Cashback payment. You acknowledge that the retailer's decision is final in relation to the payment of commission to us and, in that case, you agree to repay any Cashback payment upon our request.
5.24.5 There is no valid Cheddar Profile in place (e.g. if your Profile is terminated or disabled for any reason) in which case the Cashback will be deemed forfeited.
Managing your rewards
5.25 It is your responsibility to keep your Profile up to date with your current email address to make sure you don’t miss out on any important information relating to the Rewards Service.
5.26 To maintain the validity of your cashback, it's required that you sign in to your account at least once every six months, as outlined in Clause 2.15, though you are not required to make any purchases. Cashback will be forfeited if not claimed or withdrawn before account deletion or if you don't log in for 6 consecutive months. Any expired cashback will be auto-deleted.
6. Disabling your Profile and restricting use
6.1 We may, in our sole discretion, disable your Profile and/or otherwise restrict (in whole or in part) your use of the Cheddar Platform and Service at any time, including in (but not limited to) the circumstances described below:
6.1.1 your Profile is not up to date or we don’t have a serviceable email address or if you mark our emails as spam, junk or abusive;
6.1.2 we, in our sole discretion, deem your Profile to be dormant which would normally be the case if you do not log in to your Profile for 6 months or more;
6.1.3 we have reason to believe that your Profile is being used in a way that is a material breach or persistent breach of these Terms;
6.1.4 we suspect your Profile is subject to unauthorised or fraudulent use or security threats; and/or
6.1.5 you engage in activity which we view as unacceptable.
6.2 Where possible and subject to applicable law, we will inform you of our intention to disable your Profile and/or restrict your use of the Cheddar Platform and Service and our reasons for doing so at least 24 hours before we take such action. Where we are unable to inform you before taking such action, we will inform you as soon as possible after.
6.3 The following are examples of activity which we view as unacceptable:
using the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or acting fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Cheddar Platform or any operating system;
copying, translating, merging, adapting, varying, altering or modifying, the whole or any part of the Cheddar Platform or Service or permitting any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Cheddar Platform or Service or as permitted in writing by us;
infringing any of our intellectual property rights;
questioning or disputing our ownership of the intellectual property rights in and to the Cheddar Platform and the Service;
impersonating other Cheddar Users, creating multiple Profiles for fraudulent purposes or allowing other people to access the Service through your Profile;
attempting to get around any security or validation procedures that Cheddar has in place;
behaving in a manner that is threatening, obscene, defamatory, or which infringes the privacy or intellectual property rights of others;
harassing or abusing other Cheddar Users or Cheddar employees;
acting in a manner that could damage the reputation of Cheddar;
acting in a manner which could reasonably be expected to damage, disable, overburden, compromise or materially impair the Cheddar Platform, our systems or security or the Service in general;
acting in a manner which is likely to interfere with any other Cheddar User’s or other party's use or enjoyment of the Cheddar Platform or Service;
failing to co-operate with any Cheddar complaints process;
failing to provide accurate and up to date information.
6.4 In the case of material or persistent breaches of these Terms, Cheddar also has the right to terminate your Profile.
7. Liability and disclaimer
IMPORTANT: This Clause restricts the extent to which we are liable for any losses which may be suffered by you in connection with your use of the Cheddar Platform and Service. It also sets out your obligations to compensate us for any loss we suffer as a result of your failure to comply with these Terms.
7.1 Disclaimer and no guarantee:
The Cheddar Platform and Service is provided on an “as is” and “as available” basis and your use of the Cheddar Platform and Service and all related information and content is at your sole risk. We expressly disclaim all warranties and make no guarantee that the Cheddar Platform or the Service will be suitable for your intended use, requirements or expectation nor do we guarantee that any products, services, information or other material purchased or obtained in connection with your use of the Cheddar Platform and Service will meet your expectations. We do not guarantee that the Cheddar Platform and Service will be error-free, timely, reliable, entirely secure, virus-free or available, or that any errors will be corrected, especially since we are dependent on the reliability of the internet and your use of your own device to access the Cheddar Platform. You are responsible for ensuring that your device is configured for use of the Cheddar Platform. We will try to keep disruptions to a minimum but we may suspend the Cheddar Platform or the Service from time to time to carry out maintenance and support work and to investigate unauthorised use.
7.2 Exclusion of liability: We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict our liability. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with the Cheddar Platform or Service including the following losses (whether direct or indirect): loss of profit; loss of anticipated savings; loss of or damage to goodwill; loss of use or corruption of software, data or information; any indirect and consequential loss; the cost of you obtaining goods or services as substitute for the Service we provide; the acts or omissions of any third party such as the providers of your Bank Account or any statement or conduct on or via the Cheddar Platform by any third party; any other loss or damage suffered by you in connection with the Cheddar Platform or Service.
7.3 Your liability to us: You shall be personally held liable for any liability incurred by us as a result of breach of these Terms by you. You shall also be liable for all losses incurred in respect of an unauthorised payment transaction where you have acted fraudulently or have with intent or negligence failed to protect your Login Details. Except where you have acted fraudulently or as otherwise provided by applicable law, you will not be liable for any losses incurred in respect of an unauthorised payment transaction arising after you have notified us under Clause 2.9 above.
8. Your Data and Intellectual Property
8.1 In order to use the Service, you must provide the information referred to in Clause 2.
8.2 You have sole responsibility for the accuracy and reliability of your Data. You retain ownership of any copyright, trademarks, database rights and any other intellectual property rights in your Data. Intellectual property rights in your Data will not be transferred to us. However Cheddar and its third party service providers may use and modify your Data for the purposes of providing the Cheddar Platform and Service.
8.3 For information on how we use your personal data (which is information which identifies you personally) please see our Privacy Policy. The Privacy Policy also sets out your rights in relation to your personal data. We will not use your personal data for the purposes of sending you marketing communications, unless you have provided your explicit consent to do so. You can also opt-out of marketing by using the “opt out” option under the notifications tab on your Profile page.
9. Third party services
9.1 The Cheddar Platform may contain links to third party websites and services. Such independent websites and services are not under our control, and we are not responsible for and have not checked and approved their terms and conditions or other policies. You will need to make your own judgment about whether to use any such independent websites and services.
9.2 As part of the Cheddar Platform and Service, Cheddar may use third party service providers to carry out its customer checks. Before this service is used, you will be notified and provided with a link to their terms and conditions and privacy policy. Again, you will need to make a judgment as to whether you wish to proceed.
9.3 All copyright, database rights, trademarks and other intellectual property rights in any external data sources or embedded third party services used in the Cheddar Platform or Service are the intellectual property of the relevant third party provider.
9.4 In addition to the terms referred to above, your use of the Cheddar Platform and Service will be subject to your Bank’s terms and conditions. Your downloading the App will also be subject to the terms and conditions of the relevant app store. It is your responsibility to ensure that you review and comply with any applicable terms and conditions.
10. Complaints
10.1 If you have a complaint about the Service, you can contact us via email at complaints@cheddar.me. You will be sent a short form to complete. This form allows us to track and manage your complaint. After we receive your complaint, we will send you an acknowledgement and give you an estimate of how long we expect to take to deal with the complaint. We will let you know if we need any more information from you. We will usually send you a final response by the end of 15 business days after the day on which we received your complaint. However, where this is not possible, we will send a holding reply clearly indicating the reason for the delay and specifying when you will receive a full reply, and this will be by the end of 35 business days after the day on which we received your complaint.
10.2 We will do our best to resolve any issues as quickly as we can, but if you are not satisfied with the response then you may be able to refer your complaint to the Financial Ombudsman Service. The Financial Ombudsman Service is an independent body responsible for resolving complaints between consumers and financial organisations where they’re not able to resolve issues themselves. Our response to you will let you know if there are any deadlines for contacting the Financial Ombudsman Service. The Financial Ombudsman Service can be contacted at:
Post: Financial Ombudsman Service, Exchange Tower, London E14 9SR;
Telephone: 0800 023 4567 (from a landline) or 0300 123 9 123 (from a mobile);
Email: complaint.info@financial-ombudsman.org.uk; or
Website: http://www.financial-ombudsman.org.uk.
11. Changes to these Terms and the Service
11.1 Subject to applicable law, Cheddar may change these Terms from time to time:
11.1.1 by giving you at least one month written notice before they take effect; or
11.1.2 with immediate effect where we have a valid reason for doing so, including in the event of changes in or to: the way Cheddar provides its products and services to you and its customers; changes in technology; applicable law.
11.2 We will notify you of any changes by email (using the email address shown in your Profile) and posting the revised Terms on the Cheddar Platform.
11.3 If you are unhappy with the updated Terms and want to terminate your Profile and relationship with us, you may terminate your Profile in App by selecting ‘Close account’ from the Profile tab. If, where applicable, we do not hear from you within the one month notice period, or last edited date if sooner, and you continue to use the Cheddar Platform and/or Service, you will be deemed to have accepted the new Terms.
11.4 We are regularly updating and upgrading the Cheddar Platform and Service, and may release new features from time to time. We may suspend or limit access to the Cheddar Platform or Service while we make such changes.
12. Termination rights
12.1 You have the right to delete your Cheddar Profile and terminate your relationship with us at any time without reason (although we have no idea why you would wish to, there are no catches, so you can’t lose out). You can do this by selecting ‘close account’ from the profile tab in App. This is in addition to the termination right referred to in Clause 11.3 where you don’t agree with changes to these Terms.
12.2 We may terminate the contract between you and us immediately if we reasonably believe that you have engaged in any unacceptable conduct, fraudulent activity or other activity we determine to be unfair or abusive, of if you are not eligible for a Profile or are an ineligible user, or you are otherwise in material or persistent breach of these Terms.
12.3 We may terminate the contractual relationship with you (including your access to the Profile) for any reason by giving at least two months' notice.
13. General Legal matters
13.1 Entire agreement: These Terms, along with the Privacy Policy, describe the entire contract between you and us regarding the Cheddar Platform and Service.
13.2 Waiver and severability: If we ignore any breach of these Terms, it doesn't mean that any further breach cannot be enforced. In addition, if any part of these Terms is held to be invalid or unenforceable for any reason, then it will be replaced with wording which, to the extent possible, achieves the same purpose as the original wording, and the remainder of the Terms will remain binding and in force.
13.3 Transfer of rights and obligations: We shall be entitled to transfer our rights and/or obligations under these Terms to another party, provided that such transfer does not reduce the guarantees provided to you under these Terms. You may not transfer any of your rights or obligations under these Terms without our written consent.
13.4 Resolving disputes: These Terms shall be governed by and interpreted in accordance with English law. If either you or we wish to take court proceedings in relation to these Terms, it must be in the courts of England and Wales. You are responsible for compliance with any relevant laws in the country from which you use or otherwise access the Cheddar Platform and Service.
14. Trade mark
14.1 "Cheddar" is a UK registered trade mark of Cheddar Payments Limited. You are not permitted to use it without our approval. We are the owner or the licensee of all intellectual property rights on our platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
