Thank you for using Mercury Enriched’s services (“Services”)! If you are using our Services, the Services are delivered by Mercury Enriched Limited (“Mercury Enriched”, “we”, “us”), a company registered in England and Wales (company number 13806126) with our registered office at Kemp House, London, UK, EC1V 2NX.
These end-user terms of service (“Terms”) apply to you (“End-User”, “you”) each time you use Mercury Enriched’s Services through the applications or websites of Mercury Enriched’s partner companies (“Partners”). Each time you use the Services, you must agree to the Terms in force at that time, so please be sure to read these Terms carefully each time you use the Services. If you do not agree to these Terms, you cannot use any of our Services.
Mercury Enriched may provide other products or services that have additional terms, which will apply and will become part of the agreement you have with us when you use those services.
Who we are
We are not authorised to give you any financial or investment advice under the Financial Services and Markets Act 2000 or any other applicable laws in any other country. Our Services do not amount to financial or investment advice.
What we do and how we do it
When Mercury Enriched is integrated with a Partner’s website or application that you wish to use, Mercury Enriched provides you with any of the following Services:
- Account Information Services: We provide regulated account information services (“AIS”), including through our Partners. We enable you to:
- access and view information relating to your Payment Accounts (“Account Information”), including through our Partners’ apps or websites, in a consolidated form; and
- where relevant, to share that Account Information with those Partners and other third parties.
- We do this in two ways:
- Through a Partner who is our agent. We may provide AIS through a Partner that is registered with the FCA as our agent for the provision of AIS. In those circumstances, we (and not the Partner) are responsible for the provision of AIS, although we may display consolidated Account Information to you through the Agent’s app or website.
- Sharing data with another business at your instruction. We may provide AIS to you directly and, at the same time, and strictly in accordance with your instruction, share your account information with another business who will use your account information to provide a service that you have agreed to use (such as a credit reference service, or an affordability check). In these circumstances, we are responsible for the provision of AIS.
- In either case, in order to use our AIS service, you will be directed to a page where you will be able to give your consent to Mercury Enriched, select the Payment Account Provider and Payment Account you want to connect to, and the Account Information you want to access and, if relevant, share with Partners or other third parties. When you confirm your consent, you instruct and give your consent to Mercury Enriched 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 temporarily before sharing it with any Partners or third parties you have selected. Any such copy of the data is permanently deleted after one (1) hour; and/or
- provide that Account Information to you, and share it with any Partners or third parties you have selected and instructed us to share data with.
- After you select your Payment Account Provider and Payment Account, Mercury Enriched will redirect you to your Payment Account Provider (either on a web browser, or your banking mobile application) who will ask you for your Credentials, which may include two factor authentication (e.g. a password and biometric credential such as a fingerprint) for authentication. Neither Mercury Enriched nor the Partner will be able to see or access your Credentials at any time. Once your Payment Account Provider has confirmed authentication, we will access your Account Information, provide it to you, and share it in accordance with your instructions to us.
- The Account Information retrieved and shared may include your personal account details (such as name, address, email, phone number), transaction history, transaction amounts and descriptions, account name and number, currency, account balance, any overdraft balance, payment due dates and other information about your transactions. This will depend on the services being provided by the Partner through which you access our AIS service. We will provide you with the Account Information retrieved in this way ourselves (where we provide AIS directly) or through our Partners’ apps or websites (where we provide AIS through a Partner that acts as our agent). At your instruction, and with your explicit consent, we will also provide that Account Information to Partners or other third parties in accordance with the provisions above.
- You will need to renew Mercury Enriched’s access to your Payment Account(s) by authenticating with the relevant Payment Account Provider at least every 90 days, and every time you wish to access and/or share Account Information other than your account balance or transaction data relating to transactions occurring in the last 90 days.
- If we consider that the conditions set out in these Terms are not satisfied, or if it would be unlawful to provide you with AIS, we may refuse to do so. If this is the case, we or the Partner will notify you through the app or website, unless the law prevents us from doing so.
- Mercury Enriched Verification Services: We may provide you and a Partner with our verification service (“Verification Services”) which will enable you to share data obtained through the regulated AIS service described above with us to enable us to verify your identity on behalf of the Partner. For the purposes of this Verification Service, the terms set out in “Account Information Services” above will apply in addition to those in this “Mercury Enriched Verification Services” section.
- In order to use our Verification service, the consent that you provide as part of the AIS Service will permit;
- (i) the sharing of the relevant Account Information with Mercury Enriched and the Partner; and
- (ii) Mercury Enriched to use that data for the purposes of verifying your identity against a separate set of data provided by the Partner.
- Once Mercury Enriched has cross-checked the AIS retrieved data against the data provided by the Partner, we will return a Verification Outcome to the Partner which will state whether the two data sets match, do not match or that insufficient information has been provided.
- For the avoidance of doubt, the consent process, information shared and re- authentication process are all as set out in “Account Information Services” above.
- Mercury Enriched Merchant Services: We may provide a Partner with a merchant checkout service (the “Merchant Services”) that lets you pay them for online products and services from your Payment Account. As part of making the payment, you will use our regulated PIS to make a payment directly from your Payment Account to Mercury Enriched and Mercury Enriched will issue you, as the End-User, with electronic money (“E-money”). We will not store this e-money for you or provide you with an e-money account because the e-money will be immediately transferred to the merchant as payment for goods/ services.
- If you are purchasing products or services from or through a Partner who has integrated with our Merchant Services and you select to pay, you will be directed to a page where you will be able to select the Payment Account Provider and Payment Account from which you wish to make payment. By selecting a Payment Account Provider, you instruct Mercury Enriched to initiate a payment via PIS (i.e. submit an instruction to your Payment Account Provider to make a payment) to Mercury Enriched for a specific amount (which will be clearly displayed in the account selection page). After you select your Payment Account Provider and Payment Account, we will redirect you to your Payment Account Provider for you to provide them with your login and security credentials and undergo authentication with them, which may include two factor authentication (e.g. a password and biometric credential such as a fingerprint). Neither Mercury Enriched nor the Partner will be able to see or access your Credentials at any time.
- If we believe that the conditions set out in these Terms are not satisfied, or if it would be unlawful to initiate a Payment Order, we may refuse to do so. If we refuse to initiate a Payment Order, we or the Partner will notify you through the app or service you are using, unless the law prevents us from doing so.
- Once your Payment Account Provider has confirmed authentication, we will instruct your Payment Account Provider to make a payment to Mercury Enriched in accordance with your instructions. Once we receive those funds, we or the Partner will confirm the successful initiation of a Payment Order and we will issue you with E-money of an amount equal to the amount transferred to us. The E-money we issue to you will be transferred to the Partner immediately to settle the payment with that Partner. No further payments will be initiated by Mercury Enriched to the Partner (or executed by your Payment Account Provider to the Partner), unless you repeat the steps to make a further purchase.
- Our safeguarding obligations: Where we issue E-money, we will safeguard the relevant funds in line with our regulatory obligations with our safeguarding bank. These funds do not have protection under the UK Financial Services Compensation Scheme, however, safeguarding requirements mean the funds are placed in a separate account from Mercury Enriched’s working capital and other funds. If Mercury Enriched becomes insolvent, claims of E-money holders will be paid from these funds in priority to all other creditors.
Partners and Payment Account Providers
We are not responsible for any problems that you might have with the functionality or suitability of your Payment Account Provider (e.g. your bank or credit card issuer). We are responsible for retrieving and transmitting your Account Information safe and securely but not for the content of your Account Information itself, which is the responsibility of your Payment Account Provider. If you have any questions in relation to these, you should speak to the relevant Partner that provides the app or website that you are using, or to your Payment Account Provider.
Your use of the Partner’s services and your Payment Account will also be subject to other terms and conditions – these Terms will not affect any of those terms. In particular, the Partner and your Payment Account Providers will have separate rules on data protection that will apply to your use of their services.
Once your Account Information is transmitted via our software to a Partner, that Partner becomes responsible for it.
We do not charge you as an End-User to use our Services, however, the Partner may charge you for use of their app or services. In turn, Partners may pay us fees for the services we provide to them.
Any Account Information that you choose to share as a result of using our Services will be encrypted with a multi-key encryption mechanism. The Partner delivering the app or website will only be able to access this information if you have explicitly given them your permission to do so.
When you use our Services
We are providing the Services to you only and you should not share your access to the Services with anyone else.
By using the Services, you represent and confirm that:
- you will not use our Services for any fraudulent, unlawful or abusive purpose;
- the Credentials you use are your own and you are duly authorised to use the Credentials to connect your Payment Account(s) to our Services;
- when you are using our AIS, you give us your explicit consent to retrieve and share Account Information from your selected Payment Account(s) with you and any Partner that you select;
- when you are using our PIS (including any Merchant Services), you are giving us your consent to initiate a payment from your selected Payment Account(s) to your selected recipient.
Mercury Enriched owns all rights, title and interest (including intellectual property rights) in and to the Services, our website and technology. If you choose to give us feedback or suggestions about any part of our Services, website or technology we may use them without any limitations.
We want you to get the most out of our Services and we will provide our Services with reasonable care and skill. All Services (including any additional services or products) are provided to you on an “as is” and “as available” basis.
Other than as expressly set out in these Terms, any additional terms we introduce from time to time, or implied by consumer law, we do not make any particular commitments or promises to you about our Services. For example, we do not promise that any content within the Services, the functions of the Services, or their reliability or availability will be suitable for your needs. This does not affect your statutory rights.
To the extent permitted by applicable law, we exclude all warranties.
You agree that you will be liable for any losses that are proved to be sustained by Mercury Enriched as a direct result of your breach of these Terms.
Who is responsible if things go wrong?
We are only responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaching these Terms or failing to use reasonable care and skill in our provision of the Services. We are not responsible for any loss or damage that is not foreseeable or, to the extent permitted by law, for any indirect or consequential losses (including lost profits, lost revenue or financial losses) arising in the course of a business carried on by you.
Mercury Enriched will not be responsible for any loss you may suffer as a result of your material failure to comply with these Terms or caused by matters beyond our reasonable control, for example, an interruption or failure of a utility service, pandemic, industrial action, natural disaster, explosion or accident. We do not exclude or limit in any way our liability to you insofar as it would be unlawful to do so.
If, following use of our Services, you notice unauthorised, or suspicious transactions on your Payment Account, you should immediately contact your Payment Account Provider, who is responsible for investigation, and, where necessary, reimbursing you. Please refer to the complaints policy of your Payment Account Provider.
We are not responsible for any harm, damage or loss to you arising from, or relating to hacking, tampering or unauthorised access to your Account Information that is not within our reasonable control. If you suspect that somebody else has access to your Credentials and is fraudulently using them to access the Services, you must contact us immediately by email at firstname.lastname@example.org
About These Terms
Each time you use our Services, you will be bound by the Terms in force at that time. Some or all of the Services may be provided by Mercury Enriched or another entity in its group (an “Affiliate”) on its behalf. If some or all of the Services are provided by an Affiliate, you will be subject to these Terms unless and until you become subject to a separate agreement with that Affiliate, at which point these Terms will cease to apply.
We may terminate our agreement with you or suspend your access to any part of our Services at any time if you have breached any of these Terms or if we believe we are required to do so by law. You may terminate your agreement with us at any time by notice in writing to email@example.com. We may update these Terms at any time and the changes will be published on this page. Any changes are effective immediately on posting. If either we or you terminate this agreement, or you do not agree to the Terms in force at the point at which you want to use our Services, you cannot use our Services.
Great service to End-Users is important to us. If you are unhappy with any part of Mercury Enriched’s services, the easiest way for us to help resolve your issue is for you to contact our Client Care team via our website by clicking here.
Alternatively you can reach us by email at firstname.lastname@example.org or you can write to us at:
- Mercury Enriched
- Client Care
- Kemp House
- London, UK
- EC1V 2NX
We will acknowledge your complaint within 2 working days and will aim to investigate and resolve your problem or give you a clear response as soon as possible. You agree that our response can be sent via email or any other durable medium. If you are a consumer, micro-enterprise or other eligible complainant and you are not happy with our response, you have the right to refer your case to the Financial Ombudsman Service by calling 0800 023 4567, via their website or by post:
- Financial Ombudsman Service
- Exchange Tower
- Harbour Exchange
- London, UK
- E14 9SR
The European Commission has also established an online dispute resolution platform to facilitate communication between the parties involved in a dispute arising from an online transaction (including disputes arising in respect of the Services). The platform is available here.
These Terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. Any matter, claim or dispute arising out of or in connection with these Terms, whether contractual or non-contractual, is to be governed by and determined in accordance with English law.
If you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of the laws of your country of residence.
These Terms are the entire agreement between you and us in relation to the Services. You may not transfer your rights under these Terms to any third party without our written consent. If there is any conflict between these Terms and terms that apply to additional services, the terms applying to any additional services will prevail in the conflict. If any part of these Terms is invalid, that part of the Terms shall be modified to make it valid, or deemed deleted if it is not possible to modify the term. This will not affect the rest of the Terms. A failure or delay by either of us in exercising any right or remedy under these Terms or by law shall not be a waiver of that or any other right or remedy. A waiver of any right or remedy under these Terms or by law is only effective if it is in writing. These Terms control the relationship between Mercury Enriched and you. They do not create any third party rights.
If you have any questions about the security we use at Mercury Enriched, please contact us by email at email@example.com
Do you have other questions? firstname.lastname@example.org