LICENSE AGREEMENT
If you agree to this license agreement you may use our logo on your financial promotions.
This page gives you an overview of, in everyday language of the main points the license covers. The terms you agree to follow this overview, are definitive and take precedence over anything written in this overview.
1 – We agree to let you use our trademark for one purpose only: for indicating to your customers where they can get information to help them become more financially capable. This is as detailed in the rules that the FCA have made and you have to follow regarding risk warnings when marketing your products and services. We won’t charge you for this use, but we might ask you at any time to stop using our trademark.
2 – You aren’t allowed to trade off the back of our trademark or use it to raise the value of your business.
3 – You shall not change or alter our trademark, or create a new work based on our trademark.
4 - You shall not make unauthorised copies of our trademark.
5 – You shall not display our trademark in a way that is disrespectful, may cause us damage or use our trademark for any other purpose than that mentioned above.
6 – You shall not use our trademark to say, or imply, that we are working together in some way, or that we recommend you or your products or services.
7 – If you breach any of these rules, and especially if another organisation claims against us about how you are using our trademark, you agree to cover all our damages and costs.
TERMS AND CONDITIONS
1. DEFINITIONS
1.1 Save where the context requires otherwise, the following terms shall have the following meanings:
“Claim” / has the meaning given to it in section 4.1.“Electronic Communication” / means e-mail and electronic facsimile.
“including” / means including without limitation.
“Intellectual Property” / is intellectual property including any, trade-marks, service marks, registered design, copyright, design right, any publication right, extended or revived copyright, internet domain names, rights protecting goodwill and reputation, or any similar rights exercisable in any part of the world and shall include any applications for the registration of any marks, patents or registered designs or similar registerable rights in any part of the world.
“Laws” / means all laws, statutes, enactments, orders, regulations and similar instruments, the requirements of any court with relevant jurisdiction and any local, national or supranational agency, inspectorate, minister, ministry, official or public or statutory person of the government of the United Kingdom, the European Union or any other relevant jurisdiction.
“Licensed Material” / means The Money Advice Service trade mark with community trade mark registration number EU009695909.
“Party” / means either you or The Money Advice Service, and “Parties” means both you and The Money Advice Service.
“Terms” / means the terms and conditions stipulated herein, as amended from time to time.
“Risk Warning” / means text which states: “Warning: Late repayment can cause you serious money problems. For help, go to moneyadviceservice.org.uk” that you are obliged to display in any financial promotion as required by the Consumer Credit (Designation) Instrument 2013 and any subsequent modifications and amendments published in the Consumer Credit sourcebook by the Financial Conduct Authority.
“The Money Advice Service” or “we” or “our” / means The Money Advice Service (a company registered in England with Company Number 07172704) whose registered office is at 120 Holborn, EC1N 2TD and includes any successors and assignees of The Money Advice Service.
1.2 Headings are for ease of reference only and shall not affect construction.
1.3 Words importing one gender shall be treated as importing any gender, words importing individuals shall be treated as importing corporations and vice versa, words importing the singular shall be treated as importing the plural and vice versa, and words importing whole shall be treated as including a reference to any part thereof.
1.4 A reference to a statute or a statutory provision is a reference to it as amended, extended or re-enacted from time to time.
1.5 These terms and condition take precedence over any other document, including the overview sheet, concerning the content hereof.
2. LICENSED MATERIAL, LICENSES, OWNERSHIP AND INTELLECTUAL PROPERTY
2.1 You understand and agree that all Intellectual Property rights in the Licensed Material are the property of The Money Advice Service.
2.2 The Money Advice Service retains all right, title, and interest in and to the Licensed Material (including all right, title and interest in and to any goodwill subsisting or residing in the Licensed Material). You shall not acquire any rights to any other Intellectual Property owned or licensed by The Money Advice Service, whether pre-existing or subsequently created, unless expressly agreed between the Parties in writing.
2.3 The Money Advice Service hereby grants you a non-exclusive, limited, revocable, non-transferable, non-sublicensable and royalty-free licence, to:
2.3.1 display the Licensed Material next to any and all Risk Warnings you publish in either electronic or tangible format;
2.3.2 solely for the purpose of indicating to your publication users where they can access financial information and materials to assist them in building their financial capability.
2.4 For the avoidance of doubt, the Licensed Material is being made available to you free of charge.
2.5 The Money Advice Service retains the right, without any obligation or prior notice, to modify, update, withdraw, disable, disconnect or deny access to the Licensed Material at any time, and may suspend or terminate access indefinitely.
2.6 You agree that any goodwill derived from the use by you of the Licensed Material (if any) shall accrue to The Money Advice Service. The Money Advice Service may at any time call for a confirmatory assignment of that goodwill, and you shall immediately execute it and do all and any other required acts to complete such assignment.
2.7 Your license rights are limited to those expressly granted herein, and The Money Advice Service reserves all other rights.
2.8 You shall not and shall not allow any third party to:
2.8.1 modify or adapt the Licensed Material;
2.8.2 create derivative works based in whole or in part on the Licensed Material;
2.8.3 make unauthorized copies of the Licensed Material or any part of it;
2.8.4 display the Licensed Material in any context that could reasonably be inferred to bring The Money Advice Service into disrepute or damage the reputation, goodwill or brand of The Money Advice Service; or,
2.8.5 do any act that will or may weaken, damage or be detrimental to the Licensed Material or the reputation or goodwill associated with the Licensed Material or The Money Advice Service, or that may invalidate or jeopardise any registrable rights of the Licensed Material; or,
2.8.6 use any of the constituent elements of the Licensed Material for any purpose outside of the that described in clause 2.3;
2.8.7 display the Licensed Material:
2.8.7.1 in a context from which it may be reasonably inferred that The Money Advice Service is promoting or recommending:
2.8.7.1.1 any of your, or any third party’s financial products or services; or,
2.8.7.1.2 that a person take a specific course of action including, but not limited to, the purchase of any financial service or product. For the avoidance of doubt, the Licensed Material may not be displayed in such a way such that a person could infer that The Money Advice Service is recommending that they undertake any action and that by taking such action the person shall remedy any specific financial concern or problem that he has, or believes he has.
2.8.8 apply for or obtain registration of any registerable rights to the Licensed Material for any goods or services in any country; or,
2.8.9 reproduce the Licensed Material for direct or indirect financial gain; or,
2.8.10 apply for or obtain registration of any trade or service mark in any country which consists of, or comprises, or is confusingly similar to the Licensed Material.
2.10 You shall refrain from all activities that may, by operation of law or equity expand the limited license in sections 2.3, or infer or give the impression that the license is larger than the limits stated therein.
2.11 You shall fully and promptly comply with all instructions of The Money Advice Service regarding the use and display of the Licensed Material, including instructions to remove Licensed Material from, or amend the way in which Licensed Material is presented in your publications at any time.
3. WARRANTIES AND REPRESENTATIONS
3.1 You warrant and represent that you have full capacity, authority and all necessary consents to enter into these Terms, and that, where applicable, the Terms are accepted by your duly authorised representative.
3.2 The Money Advice Service provides no warranty of any kind, express or implied with regard to the Licensed Material.
3.3 You warrant and represent that:
3.3.1 you will refrain from all activities that actually, or could reasonably be predicted and inferred to cause any form of reputational damage to The Money Advice Service; and,
3.3.2 you will not represent yourself, or any of your financial products or services as being recommended by The Money Advice Service, a representative or agent thereof or as being engaged in any form partnership or joint venture with The Money Advice Service.
4. INDEMNITIES
4.1 You agree to indemnify and hold The Money Advice Service harmless against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) (each a “Claim”) suffered or incurred by The Money Advice Service arising out of or in connection with your exercise of your rights under these Terms or any breach by you of these Terms, including the following:
4.1.2 any Claim arising out of, or in connection with any breach of any warranty in these Terms; and,
4.1.3 any Claim arising out of, or in connection with any breach or alleged breach of any applicable Law, including, but not limited to, the Consumer Credit Act 1974 and all secondary legislation issued thereunder.
5. FREEDOM OF INFORMATION
5.1 The Licensee acknowledges that The Money Advice Service may become subject to the Freedom of Information Act 2000 (“FOIA”) and the Environmental Information Regulations 2004 (or such changes or additions to legislation which may be new or replace the foregoing from time to time), in which case the remainder of this section shall apply. The Licensee shall assist and co-operate with The Money Advice Service (at The Money Advice Service’s expense) to enable The Money Advice Service to comply with these information disclosure requirements in relation to disclosure requests relating to these Terms.
5.2 Upon receiving any request for information from The Money Advice Service or any relevant statutory authority, you shall transfer all requested information to The Money Advice Service as soon as practicable after receipt and in any event within any reasonable time period specified by The Money Advice Service and provide all necessary assistance as reasonably requested by The Money Advice Service to enable The Money Advice Service to respond to a request for information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations 2004.
5.3 The Money Advice Service shall be responsible for determining at its absolute discretion whether the information:
5.3.1 is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations 2004; or
5.3.2 is to be disclosed in response to a request for information, and in no event shall the Licensee respond directly to a request for information from a third party unless expressly authorised to do so by The Money Advice Service.
5.4 The Licensee shall ensure that all information produced in the course of this Agreement or relating to these Terms is retained for disclosure and shall permit The Money Advice Service to inspect such records as requested from time to time.
6. LIMITATION OF LIABILITY
6.1 Save for damages flowing from a breach by you of any part of section 2, and your liability under any indemnity in these Terms, neither Party will be liable for any:
6.1.1 lost data; or
6.1.2 lost profits; or
6.1.3 business interruption damage or liability; or
6.1.5 indirect, special, incidental or consequential damages (including loss of profits) of any kind.
6.3 Nothing in these Terms shall limit, or be interpreted as limiting either Party’s liability for death, personal injury or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable Law.
8. GENERAL
8.1 You may not assign or transfer, in whole or in part these Terms without the prior approval of The Money Advice Service.
8.2 We may at any time and without your consent assign or transfer the whole or any part of our rights or obligations under these Terms, provided that we shall notify you as soon as possible after any such dealing.
8.3 Each Party confirms that it is acting on its own behalf and not for the benefit of any other person.
8.4 A person who is not a Party to these Terms cannot enforce, or enjoy the benefit of, any provision of these Terms under the Contracts (Rights of Third Parties) Act 1999.