1.1 These terms and conditions (hereinafter referred to as the Terms) apply when accessing and using Account Information Service (as defined in section 2) currently provided by SIA “Nordigen Solutions” (registration no.40103982535), a limited liability company registered under laws of the Republic of Latvia (hereinafter referred to as Nordigen) to you (hereinafter - You or End User). Nordigen SIA was acquired by GoCardless (as defined below) in July 2022. As a result of such acquisition, the parties are currently going through an integration period. Throughout this integration period, the Services shall be provided by Nordigen and GoCardless S.A.S, with company number 834422180 and registered address 7 Rue de Madrid, 75008 Paris, France for all services provided to End Users located in the European Economic Area and by GoCardless Ltd with company number 07495895 and registered address Sutton Yard, 65 Goswell Road, London, England, EC1V 7EN for the provision of services provided to End Users located in the United Kingdom and the rest of the world (with the exception of the European Economic Area) (hereinafter jointly and independently referred to as “GoCardless''). From the 1st of April 2023, the Services shall be provided solely by GoCardless and Norgiden shall no longer be part of these Terms. GoCardless and Nordigen shall jointly and severally be referred to as the Service Provider.
1.2 Nordigen is a licensed payment institution that provides only account information services, supervised by the Latvian financial supervisory authority – Financial and Capital Market Commission and registered in the register of licensed institutions of the Financial and Capital Market Commission. Nordigen’s contact details can be found on our website - https://nordigen.com/en/company/contact-us/. GoCardless Ltd is a licensed payment institution supervised by the the Financial Conduct Authority of the United Kingdom and GoCardless S.A.S is also a licensed payment institution supervised by the French Autorité de Contrôle Prudentiel et de Résolution (the “ACPR”). Further details about GoCardless can be found at www.gocardless.com. GoCardless can be contacted by sending an email to email@example.com.
1.3 These Terms along with other terms that are accepted in order to access and use Account Information Service constitute a legal and binding agreement (hereinafter referred to as Agreement) between You or the legal entity You represent (hereinafter referred to as You or User) and the Service Provider. By accessing and using Account Information Service You:
- are entering into this Agreement and agree to be bound by the terms and conditions of this Agreement;
- confirm that You are at least 18 years old or You have reached the legal age in the jurisdiction where You reside;
- confirm that You have the legal capacity to enter into this Agreement; and
- confirm that You have read and acknowledged the terms and conditions of this Agreement.
1.4 If You do not agree to the terms and conditions of this Agreement, You cannot access and use Account Information Service.
2.1 Account Information Service is a service which enables You to access, view or share (where relevant) information relating to Your payment accounts (hereinafter referred to as Account Information). Account Information Service is provided to You only if You have provided the Service Provider with explicit consent to perform the Account Information Service.
2.2 Account Information Service by the Service Provider is available via websites or apps of the Service Provider’s Partners, for example banks, credit institutions and other service providers (hereinafter referred to as the Service Provider’s Partners), in connection to the provision of their services. When instructed by You to do so, the Service Provider will share Your Account Information with the Service Provider’s Partner who will use Your Account Information to provide You with services You have requested.
2.3 In order to access Account Information Service You will be directed to a page where you will be able to give your consent to the Service Provider, select the available Payment Account Provider (banks or other financial institutions providing You with a payment account), Payment Account you want to connect to and the Account Information you want to share with the Service Provider’s Partners. Prior to the provision of the Account Information Service You will have to accept these Terms along with other terms that are mandatory in order to access and use Account Information Service.
2.4 When You give Your consent to the Service Provider, You instruct the Service Provider to:
- access the payment account(s) and Account Information that you have selected, including, where relevant, when you do not actively request such Account Information (i.e. when you are not actively viewing the data or requesting a refresh of the data) and storing the Account Information before sharing it with any Partners or third parties You have selected; and/or
- provide that Account Information to You, and share it with any of the Service Provider’s Partners or third parties you have selected and instructed the Service Provider to share data with.
2.5 After You have given Your consent, accepted these Terms and selected Your Payment Account Provider, the Service Provider will redirect You to Your Payment Account Provider who will ask You for Your credentials for authentication. Neither the Service Provider nor the Service Provider’s Partners will be able to see or access Your credentials at any time.
2.6 Once Your Payment Account Provider has confirmed authentication, the Service Provider will access Your Account Information, provide it to You and share it in accordance with Your instructions. As soon as the Account Information is made available to You and/or the Service Provider’s Partners, the Account Information Service is completed. In some cases, depending on the Service Provider’s Partner service You have selected, repeated retrieval of Account Information over a period of time is required. In such cases You will be asked to re-authenticate with the relevant Payment Account Provider at least every 90 days.
2.7 The Service Provider does not guarantee availability and quality for such elements of the Account Information Service which are outside of the Service Provider’s control, including, but not limited to contents of Your Account Information itself, availability of Account Information and other elements which are Your Payment Account Provider’s responsibility.
2.8 When accessing and using the Service Provider’s Account Information Services via websites or apps of the Service Provider’s Partners You will also be subject to the Service Provider’s Partners service terms and conditions that will apply to Your use of their services. These Terms will not affect any of the terms of the Service Provider’s Partner services.
The Service Provider provides Account Information Service to You free of charge.
4.1 By using the Account Information Service, You confirm and guarantee that:
- You have the right to use the credentials to connect the selected Payment Accounts and request the Account Information Service. By no means You will access and use the Account Information Services with credentials You are not authorized to use;
- You will use the Account Information Service according to these Terms and applicable laws and regulations. You will not use the Account Information Service for any fraudulent, unlawful or abusive purpose.
- You do not copy, modify, distribute or publish content provided by the Service Provider within the Account Information Service.
4.2 If You violate these Terms or otherwise cause harm, damage or losses to the Service Provider, the Service Provider is entitled to terminate Your access to the Account Information Service. The Service Provider reserves the right to suspend You from using the Account Information Service at any time if You violate the Terms or otherwise use the Account Information Service in a way that may cause damage to the Service Provider or a third party.
5.1 If You have suffered direct losses or damages as a result of the Service Provider’s failure to comply with these Terms in provision of the Account Information Service, the Service Provider’s total liability shall never exceed 50.00 EUR unless stated otherwise in applicable laws and regulations. Under no circumstances shall the Service Provider be liable for loss of profit or any indirect damages or loss, including any liability of the other party to compensate a third party.
5.2 The Service Provider will not be responsible for any loss or damages You suffer as a result of Your failure to comply with these Terms or caused by matters out of the Service Provider’s control.
5.3 Account Information Service is provided on an “as is” and “as available” basis, without warranties of any kind. You are aware that the Service Provider does not have any control over the data maintained by Payment Account Providers and acknowledge that the Service Provider makes no warranty in respect of the data quality of the Account Information, nor of it being accurate or complete.
5.4 The Service Provider does not provide financial advice and will not be responsible for any decision You take or outcomes of any decision based on Account Information Services.
6.1 Agreement between You and the Service Provider is in force until completion of the Account Information Service as You have requested according to Your consent.
6.2 The Service Provider may terminate the Agreement with You or suspend your access to Account Information Service at any time if You have breached any of these Terms or if the Service Provider is obliged to do so according to applicable laws and regulations.
6.3 You may terminate the Agreement with the Service Provider at any time by sending a written notice to firstname.lastname@example.org.
6.4 Termination of the Agreement shall not affect those provisions of the Agreement which are expressly or by implication intended to be in force on or after such termination.
8.1 “Intellectual property rights” shall mean all past, present or future rights, including but not limited to copyrights, moral rights, trademarks (trade names and service marks), inventions, patents (including patent applications), trade secrets, know-how, database, any other right in intellectual property of every kind and nature and also right in or relating to registrations, renewals, extensions, combinations, divisions, and reissues of and applications to register any of the rights referred to above as recognised in any country or jurisdiction where Account Information Service is provided.
8.2 The Service Provider is the exclusive owner of and hereby retains all right, title and interest in and to Account Information Service.
8.3 The Service Provider hereby grants You a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Account Information Service during the term of the Agreement.
9.1 The Service Provider may request You to provide certain information in order to comply with applicable anti-money laundering laws. By accessing and using Account Information Services You undertake to provide such information. Failure to comply with this clause may affect the availability of the Account Information Service provided to You.
9.2 The Service Provider may also monitor Your usage of the Account Information Service in order to comply with applicable anti-money laundering laws.
10.1 The Service Provider highly values their customers, therefore in case You are not satisfied with the provision of the Account Information Service, You can file a complaint and the Service Provider will gladly help to sort out Your issue. Complaints should be addressed in writing to email address: email@example.com.
10.2 Agreement between you and the Service Provider shall be governed by the laws of Latvia. In case of a dispute between You and the Service Provider which cannot be resolved through mutual negotiations, such dispute shall be settled in front of the courts of Latvia. From 1 April 2023, the applicable law shall be English and Welsh Law and the courts shall be those of England and Wales.
10.3 If You are a consumer, the consumer protection laws and procedures of the country You reside in are applicable. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of the laws of your country of residence.
The Service Provider may change these Terms at any time. In case of changes in these Terms, the updated Terms will be published on this webpage and shall come into force as of the moment of publishing. You have the right to terminate the Agreement if You do not accept the updated Terms. Account Information Service can be accessed and used only if you have accepted the Terms in force.