The Service and website are provided to end users (“You” or “Your”) by one of the following companies, depending on where You are based:
For end users in Australia: Mogo Holdings Pty Limited, a company incorporated in Australia with a registered office at Level 19, 207 Kent Street, Sydney, NSW 2000 and Australian company number 163313862 (“MOGO Australia”).
For end users in the UK: Mogo Holdings Limited a company incorporated in England and Wales with registered office at One Bartholomew Close, Barts Square, London, EC1A 7BL and company number 9425237 (“MOGO UK”).
References to MOGO in this agreement are to either MOGO Australia or MOGO UK, as applicable to You based on Your location.
MOGO UK is authorised by the UK’s Financial Conduct Authority as a Registered Account Information Service Provider (“RAISP”) with reference number 791792.
Your use of the MOGO Service and website requires You to accept the terms of this Agreement.
MOGO provides products that enable You to securely share the Account Information (defined below) that You hold with Account Servicing Payment Service Providers (for example your bank or building society) (“ASPSPs”) with a third party service provider (“Service Provider”). MOGO will not charge You a fee to use its products.
Your Account Information may include personal information such as Your name, date of birth and address as well as financial information such as the details of Your bank accounts including balances and transaction information.
All of the Account Information extracted from Your ASPSPs by MOGO’s products will be encrypted and made available to the Service Provider along with an automatically generated report (Report).
The Service Provider will only be able to access this information when You have expressly given them permission to do so.
ASPSPs have different terms and conditions applying to their accounts. It is Your responsibility to ensure that Your ASPSPs do not restrict or prohibit Your use of the Service.
You will not:
use the Service to access any bank or building society account which is not either Yours or a joint bank or building society account of which You are the holder
introduce any publicly known malware to the Service or MOGO’s website
seek to circumvent or violate any data security measures employed by MOGO
decompile, disassemble, translate, replicate or otherwise reverse engineer any portion of the Service
use the Service or MOGO website in an unlawful manner or for any unlawful purpose or in a way which is inconsistent with these Terms
use the Service or MOGO website to transmit any material that is illegal, fraudulent,
defamatory or otherwise objectionable
You confirm that You are at least 18 years of age.
Content on the MOGO website is for information purposes only and should not be relied upon as advice. Any links to third party websites are provided for information only and MOGO has no control over the contents of such websites and accepts no responsibility for them.
The Service and MOGO website is provided on an “as is” and “as available” basis. MOGO
disclaims all implied representations and warranties regarding the Service and MOGO website including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. MOGO makes no representation that the Service or MOGO website will be error-free, correct, accurate, complete, reliable, current or up-to-date.
MOGO may suspend or restrict the availability of any part of the Service or MOGO Website at any time for any reason.
LIMITATION OF LIABILITY
MOGO is not liable to You for any loss or damage that you suffer as a result of Your use of the MOGO website, whether such loss or damage is foreseeable and direct or otherwise.
MOGO is not responsible for any loss that You may suffer as a result of Your inability or failure to secure financing with a Service Provider. MOGO is only responsible for any other loss or damage that You suffer as a result of the Service that is a foreseeable and direct result of MOGO’s breach of this Agreement or MOGO’s negligence and only up to £50,000 per claim. If You are a business, MOGO has no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity or any other indirect or consequential loss.
MOGO is not responsible for any damages You incur as a result of any Account Information being inaccurate.
MOGO has no responsibility for the services offered to You by a Service Provider or any fees they may charge.
Nothing in this Agreement shall limit or exclude MOGO’s liability for death or personal injury resulting from MOGO’s negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by law.
You will be liable for any losses MOGO incurs as a result of Your breach of this Agreement.
MOGO may modify this Agreement from time to time by posting the changes on the MOGO website and will indicate at the bottom of this page the date these Terms were last revised. If You have opted to provide MOGO with access to Your Account Information on an ongoing basis then MOGO will send You an email to notify You of any changes to these Terms at least 2 months before they take effect. If You do not agree to the changes then You should not use the Service.
You acknowledge and agree that MOGO is the owner or licensee of all intellectual property rights in the Service and MOGO website. All rights are reserved to MOGO and its licensees and Your use of the Service or the MOGO website does not grant You any intellectual property rights.
You may not assign this Agreement without MOGO’s prior written consent.
If you have any disputes with the Service then please email MOGO at support-UK@mogoplus.com or support-AU@mogoplus.com. MOGO aims to resolve any disputes within 14 days. If you are based in the UK, You also have the right to raise complaints with the Financial Ombudsman Service via this link: https://www.financial-ombudsman.org.uk.
If you are based in the UK, any disputes that cannot be resolved between You and MOGO shall be subject to the exclusive jurisdiction of the English courts and governed by the laws of England and Wales.
If you are based in Australia, any disputes that cannot be resolved between You and MOGO shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia and governed by the laws of New South Wales, Australia.
This Agreement is the entire agreement between You and MOGO in respect of the Service and will continue in effect for a period of 90 days from Your last use of the Service after which it shall automatically expire. You may terminate this Agreement on 30 days’ notice by sending MOGO an email to the applicable email address set out below.
Any communication from MOGO will be sent to the email address used as part of Your registration process. You can contact MOGO by emailing support-UK@mogoplus.com or support-AU@mogoplus.com, alternatively, you may write by post to either of the above postal addresses.
All correspondence You receive from MOGO (including any notifications sent in accordance with MOGO’s requirements under the Payment Services Regulations 2017) will be communicated in English.
Last Updated: 17 May 2021